Judge James Kennedy, NLRB Administrative Law Judge, issued his findings and order against Pacific Beach Hotel owners HTH Corporation on Sept. 30, 2009. He upheld 15 of the union's 16 unfair labor practice charges against the hotel. Judge Kennedy ordered hotel management to recognize the ILWU, rehire the fired negotiating committee members with back pay, start negotiations with the ILWU for a contract, pay the union's negotiating costs since 2005, rescind all unilateral changes and make whole employees hurt by the changes, hold employee meetings and read the NLRB notice of violations, and more. The hotel has until October 28, 2009 to file an appeal. However, the NLRB has denied every appeal made by hotel management since 2002. You can help by calling the General Manager of the Pacific Beach Hotel at 808-923-4511 or toll free at 800-367-6060 and urging management to meet with the ILWU and bargain in good faith as the the law requires. You can also fax a message to 808-922-8061. Ask for John Hayashi or Robert Minicola. The complete decision of Judge Kennedy can be found here. Following is the text of the notice the hotel must post. In addition, management must call meetings of all bargaining unit employees, read the notice, and an NLRB agent would be present to answer questions. Notice to Employees
Posted By Order of the National Labor Relations Board
An Agency of the United States Government
The National Labor Relations Board has found that we violated Federal labor law and has ordered us
to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO - Form, join or assist a union
- Choose representatives to bargain with us on your behalf
- Act together with other employees for your benefit and protection
- Choose not to engage in any of these protected activities.
WE WILL NOT coercively poll you concerning your support for International Longshore and arehouse Union, Local 142 or any other labor union and WE WILL NOT interrogate you about our union activities, sympathies and desires.
WE WILL NOT impose overbroad policies which interfere with your employee rights under §7 such as confidentiality and conflict of interest rules which would interfere with your legitimate union activity.
WE WILL NOT discharge any of our employees because of their activities protected by the National Labor Relations Act, including activities on behalf of Longshore and Warehouse Union, Local 142 or any other union.
WE WILL NOT collectively bargain without any intention of reaching an agreement with Longshore and Warehouse Union, Local 142.
WE WILL NOT withdraw recognition of Longshore and Warehouse Union, Local 142 as your exclusive bargaining representative in the certified bargaining unit nor refuse to recognize and bargain with that labor organization.
WE WILL NOT unilaterally change the terms and conditions of employment of our bargaining unit employees without first bargaining with Longshore and Warehouse Union, Local 142, including discharging employees or imposing changes in employee behavior rules.
WE WILL NOT fail and refuse to furnish Longshore and Warehouse Union, Local 142 with information it requested which is necessary and relevant information to collective bargaining and for its ability to properly represent you.
WE WILL NOT threaten any of you with loss of your job or some other unspecified punishment because you have chosen to engage in Union activity.
WE WILL NOT in any other manner interfere with, restrain, or coerce any of you if you exercise your rights guaranteed you by law as listed above. WE WILL immediately resume recognition of Longshore and Warehouse Union, Local 142 as the exclusive representative of the employees in the certified bargaining unit and, upon the Union’s request, bargain in good faith in that bargaining unit as if the initial year of certification had been extended for an additional 1 year from the commencement of bargaining pursuant to the Board's Order in this case and, if an understanding is reached, WE WILL embody it in a written, signed agreement.
WE WILL, on the Union’s request, rescind all of the unilateral changes, whether found in the employee handbook or some other location, and restore the previously existing wages and other terms and conditions of employment as they existed prior to December 1, 2007, and WE WILL make unit employees and former unit employees whole for any losses suffered as a result of those unilateral changes. However, the Union has the option of determining which of these shall be rescinded.
WE WILL furnish the information requested by the Union in April, August, and September 2007 and in April 2008.
WE WILL, within 14 days from the date of this Order, offer Keith Kapena Kanaiaupuni, Darryl Miyashiro, Todd Hatanaka, Rhandy Villanueva, Virginia Recaido, Ruben Bumanglag and Virbina Revamonte full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent positions displacing, if necessary, any more junior employees, without prejudice to their seniority or any other rights or privileges previously enjoyed and WE WILL make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them.
WE WILL, within 14 days from the date of this Order, remove from our files any reference to the unlawful discharges of Keith Kapena Kanaiaupuni, Darryl Miyashiro, Todd Hatanaka, Rhandy Villanueva, Virginia Recaido, Ruben Bumanglag and Virbina Revamonte, and within 3 days thereafter notify each of them in writing that this has been done and that the discharges will not be used against them in any way.
WE WILL preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.
WE WILL pay to Longshore and Warehouse Union, Local 142 the costs and expenses incurred by it in the preparation and conduct of collective-bargaining negotiations subsequent to January 5, 2005, such costs and expenses to be determined at the compliance stage of this proceeding.
WE WILL, within 60 consecutive days of the date of the Board’s Order, convene the bargaining unit employees during working time at the Respondent’s facility, by shifts, and a responsible management official, in the presence of a Board Agent, will read this notice to you. Afterwards, you will be permitted to ask the Board Agent to explain what has happened.
HTH CORPORATION, PACIFIC BEACH
CORPORATION and KOA MANAGEMENT, LLC, a
SINGLE EMPLOYER, d/b/a PACIFIC BEACH HOTEL |
