NLRB Hands Big Victory to ILWU and Pacific Beach Hotel Workers National Labor Relations Board Orders HTH Management to Obey the Law
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OF July/August 2011 VOICE THE ILWU page 1 Volume 51 • No. 4 The VOICE of the ILWU—Published by Local 142, International Longshore & Warehouse Union July/August 2011 ADDRESS L ADDRESS L NLRB hands big victory to ILWU A A BE BE L and Pacific Beach Hotel workers L National Labor Relations Board orders HTH management to obey the law. ILWU rank-and-file members from the Honolulu Star-Advertiser, ILWU Local Executive Board members and supporters from the 30th Western Regional Summer Institute for Union Women rallied on June 17, 2011 to call for HTH management to stop the delays and injustices to workers of the Pacific Beach Hotel. On the Inside he June 14, 2011, NLRB which found the hotel in violation made whole for any lost wages. decision in favor of the union of numerous provisions of federal Judge Kennedy found that HTH • Workers benefit from political Tis a huge victory in the fight labor law. Furthermore, the NLRB violated the law when it closed the action, page 2 for justice for the workers of the Pa- panel imposed new remedies based Hotel’s Shogun Restaurant and cific Beach Hotel. on the findings of the NLRB Gen- permanently laid off restaurant em- • 2012 International Convention “We call on HTH and the manage- eral Counsel which went beyond the ployees. The General Counsel did not set for San Diego, page 3 ment of the Pacific Beach Hotel to recommendations made by Judge seek a remedy for these employees obey the law and negotiate a fair Kennedy. and the NLRB ordered Judge Kenne- • First Statewide General union contract with the ILWU for The decision was issued on June dy to review the issue and determine Trades Caucus held, the workers of the hotel. The NLRB 14, 2011, and gives HTH manage- whether a make-whole remedy is ap- pages 4 & 5 ruled in favor of nearly all of the ment 14 days to comply with the propriate for the affected employees. union’s complaints and rejected HTH order. The Board is the highest policy The NLRB will order HTH to • Summer Institute for Union arguments and objections to the making body of the federal agency offer full reinstatement to the Women, page 7 actions and decisions of the labor charged with administering and en- seven union supporters fired by the board,” said ILWU Oahu Division forcing the National Labor Relations company. They are Keith Kapena • Around the Union, page 8 Director Dave Mori. Act which protects workers’ rights to Kanaiaupuni, Darryl Miyashiro, “The clear legal arguments and organize into unions. Todd Hatanaka, Rhandy Villanueva, strongly worded decision of the The NLRB panel agreed with Virginia Recaido, Ruben Bumanglag, equivalent positions with no loss of three-member panel of the National Judge Kennedy and the Gen- and Virbina Revamonte. If their seniority or any other rights. The ho- Labor Relations Board leaves no eral Counsel that the new 90-day former jobs are no longer available, tel will also make them whole for any doubt that any further appeal and probationary period imposed by man- they shall be offered substantially loss of earnings and other benefits, delay by HTH Corporation would be agement of the Pacific Beach Hotel in equivalent positions, with the same with interest compounded daily. futile and pointless. It would prolong Waikiki was unlawful. Judge Ken- seniority and other rights, and made the injustice suffered by the work- nedy did not specifically require the whole for any loss of earnings and The NLRB ordered the hotel to ers of the Pacific Beach Hotel, and hotel to reinstate and make whole benefits as a result of the discrimina- reimburse the union for all negotiat- it would be an irrational waste of any employee who failed to pass this tion against them. ing expenses from January 5, 2006, money for HTH,” added Mori. probationary period. However, the Backpay and other monetary until December 1, 2007 and for a On Friday, June 17, 2011, from NLRB will order HTH to reinstate damages will be paid with interest responsible corporate executive to 2:15 pm to 3:15 pm the ILWU held and make whole (pay any lost wages compounded on a daily basis. All read the NLRB’s order in a meeting a rally at the Pacific Beach Hotel to and benefits) any employee dis- records of their unlawful discharge of employees. support justice for the workers and missed during the new probationary will be removed from their employee The panel rejected HTH’s claims call on HTH management to obey the period, unless the dismissal was for records. that Judge Kennedy was prejudiced law. just cause. The NLRB also ordered the com- and biased against the company. Judge Kennedy did not rule on pany to resume bargaining with Summary of NLRB decision the union’s complaint that HTH the ILWU, to furnish all informa- A three-member panel of the violated the law when it rehired a tion requested by the union, and to HTH Appeals National Labor Relations Board number of employees but assigned reinstate all tentative agreements In the latest news, on July 13, in Washington D.C. rejected HTH them to different jobs at lower wages. reached in prior negotiation sessions. 2011, HTH has petitoned the 9th Corporation’s objections and adopted The NLRB agreed with the General All employees not rehired on Circuit Court of Appeals for a review most of the decisions of Administra- Counsel that these employees should December 1, 2007, will be offered full of the NLRB decision. tive Law Judge James M. Kennedy be reinstated to their former jobs and reinstatement to their former jobs or —Related story on page 3 The next Local 142 Executive Board (LEB) meeting is scheduled to start at 9:00 a.m. on September 23, 2011, at the ILWU union hall, 451 Atkinson Drive, Honolulu. ILWU members are welcome to attend as observers. OF page 2 VOICE THE ILWU July/August 2011 Workers make gains through political action The 2011 Session of Hawaii’s State get a part-time job while laid off, the status for the 60 days. Under the first $150 of earnings every week is new law enacted this year, the State disregarded in the calculation of the Department of Labor is specifically Legislature was preoccupied with worker’s benefit, which is paid in full. authorized to enforce the Dislocated So they receive full Unemployment Worker Law. trimming $1.2 billion from the cost of benefits and can keep $150 of their wages each week. Also passed and supported operating the state’s government, but a by the ILWU No discrimination for Civil Unions. Despite opposition sick leave use from anti-gay marriage and con- number of important laws were passed After several years of trying, a servative religious groups, SB232 law was finally passed this session passed with little organized opposi- which will benefit workers. to prohibit “barring,” “withholding tion and was the first bill signed into pay,” or “demoting” an employee for law this session. The failure of the Partial unemployment benefits (2) exempt work search and use of sick leave. The law applies opposition to unseat an openly gay In response to concerns raised by registration requirements for those only to employers with 100 or more legislator in last year’s elections and members who were “attached” to receiving Partial Unemployment employees and a collective bargain- the election of a Governor strongly a regular employer but their work benefits; and (3) codify “good cause” ing agreement in place. The bill supportive of civil unions signaled hours were reduced or they were laid reasons for any worker receiving had been introduced to address the the bill’s smooth passage and enact- off due to temporary closure of their benefits to quit a part-time job. growing practice among employers to ment. companies, the ILWU had a bill in- This means, for example, when unilaterally institute or to negotiate The ILWU Local PAC voted to troduced, and passed, to address the a hotel shuts down for months due so-called “no-fault” attendance poli- support civil unions as a civil rights issue of Partial Unemployment ben- to major renovation of the property, cies that would consider any absence, issue. This bill adds a new chapter to efits. The new law, which took effect employees who are still attached to regardless of the reason, as an inci- the Hawaii Revised Statutes which July 1, will: (1) remove the sunset on the employer can apply for Partial dent that could accumulate and lead provides for two individuals to enter provisions for Partial Unemployment Unemployment benefits and will to discipline. into a civil union with the same and make those provisions perma- not be required to look for work to Under these policies, an employee rights, benefits, protections, and re- nent; qualify for benefits. However, if they who is absent due to legitimate ill- sponsibilities as a married couple of nesses could be disciplined up to and the opposite sex. including discharge. The ILWU tes- Transgender equity. The law was tified that this practice is contrary to amended to add gender identity other sections of collective bargain- and expression to the list of illegal Buy Books, Help ILWU Workers ing agreement that provide for sick discrimination under Hawaii’s civil leave. Furthermore, such no-fault buy your books at www.powellsunion.com rights law. Section 378-2 of Hawaii policies encourage employees to come Revised Statutes now reads: The workers at Powell’s Bookstore in Portland, Oregon, are to work sick or face loss of income.