Some hotel workers might get jobs back
POSTED: Tuesday, March 09, 2010
A legal injunction could return jobs to some Pacific Beach Hotel workers who lost them during an ongoing three-year labor dispute.
U.S. District Court Judge J. Michael Seabright granted the National Labor Relations Board's request yesterday to force hotel owner HTH Corp. to rehire five workers, engage in collective bargaining and restore certain labor conditions, said Tom Cestare, who heads the NLRB Honolulu office.
Seabright also ordered both sides to return to mediation before Magistrate Judge Leslie Kobayashi before he issues an order, Cestare said.
“;We applaud (Seabright's) decision and admire his willingness to keep trying to work this out,”; he said.
NLRB had sought injunctive relief because a ruling issued last year by Administrative Judge James M. Kennedy has been delayed by appeal, Cestare said.
“;An injunction is only filed in the most egregious cases,”; he said.
Kennedy's ruling favored ILWU Local 142 in NLRB charges dating back to 2007, when more than 30 employees were laid off following a management change.
HTH is contesting Kennedy's decision that it bargained in bad faith, illegally polled and interrogated employees about their union support, refused to recognize the union, threatened union supporters with job loss or punishment and fired some employees who were active in the union.
In its appeal of Kennedy's ruling, HTH alleged that the judge and Cestare were biased and disregarded the right of Pacific Beach Hotel employees to choose whether they wanted to join the union.
While the latest development is a win for the union and the NLRB, it also could be delayed if HTH decides to file another appeal, said Dave Mori, the ILWU's Oahu division chief.
“;Although the hotel has its legal right to appeal, they would only be going through the motions and further draining resources,”; Mori said.
Robert “;Mick”; Minicola, HTH regional vice president, said the company is “;optimistic”; that mediation could resolve some issues.
“;Based on the judge's intention to make a decision on the ruling, it may help move things along,”; Minicola said, but added that for now the company's appeal to Washington is still in play.