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Fri Sep 7, 2012, 11:25 PM

Pacific Beach Hotel loses appeal (unfair labor practice charges, an enforcement order, and injuction

Source: HawaiiNewsNow

HONOLULU (HawaiiNewsNow) - The U.S. 9th Circuit Court of Appeals has ruled against an appeal by the owners of the Pacific Beach Hotel of unfair labor practice charges, an enforcement order, and a second injunction.

The ruling against HTH Corp., the Honolulu company that owns the yellow Waikiki hotel with the immense fish tank, accuses the owners of "unusually aggravated misconduct" and said they are "not entitled to benefit financially from the consequences of the delay created by (their) unlawful bargaining tactics."

The National Labor Relations Board found that hotel ownership and management has conducted a long campaign aimed at preventing the ILWU from negotiating a contract, including the wrongful dismissal of a union organizer.

"The record shows that HTH's continued defiance of the labor laws is the reason the parties, after years of delay, still have not struck a collective bargaining agreement," the ruling said. "Indeed, the record shows that HTH adopted a calculated bargaining posture that ensued all bargaining would be futile."



Read more: http://waikiki.hawaiinewsnow.com/news/news/105843-pacific-beach-hotel-loses-appeal



At story link:

FULL NRLB news release here: https://www.nlrb.gov/news/court-appeals-enforces-board-order-against-pacific-beach-hotel-waikiki-decade-long-dispute

September 07, 2012
Contact:
Office of Public Affairs
202-273-1991
publicinfo@nlrb.gov
www.nlrb.gov

The 9th Circuit Court of Appeals on Thursday granted the National Labor Relations Board’s petition for enforcement of a 2011 decision against owners of a luxury Waikiki hotel, and affirmed an injunctive order against the hotel by a federal district court, also issued in 2011.

The NLRB’s case against the HTH Corporation and the Pacific Beach Hotel dates back to a union organizing drive in 2002, and has involved numerous federal court appearances, two injunctions and a contempt order, in addition to the NLRB processes.

“Two themes repeat themselves in the decade-long history of this dispute,” the court wrote in its decision. “The first is HTH’s defiance of the Labor Act and its employees’ statutory rights. The second is HTH’s consistent losses before the agency and the courts. A skeptical adjudicator might question whether HTH has ever taken seriously its obligations under the law. We hope that we do not need to consider that question again.”

Previous NLRB press releases, here, here, here and here, chronicle the evolution of the case, which began when Local 142 of the International Longshore and Warehouse Union (ILWU) sought to organize hotel employees. The union eventually won recognition. The Board found that the hotel committed numerous violations of federal labor law, including illegally dismissing employees for their union activity, engaging in bad faith bargaining and illegally withdrawing recognition of the union, and failing to bargain for a contract.

In addition to the remedies normally ordered, the Board ordered HTH to reimburse the union for its bargaining costs, to read a Board-prepared notice to employees during their work hours, and to bargain in good faith with the Union for an additional year. The NLRB petitioned the 9th Circuit for enforcement. For its part, the hotel filed a petition for review of the Board decision and appealed the issuance of the second injunction.



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Reply Pacific Beach Hotel loses appeal (unfair labor practice charges, an enforcement order, and injuction (Original post)
Omaha Steve Sep 2012 OP
dkf Sep 2012 #1
xtraxritical Sep 2012 #2
mountain grammy Sep 2012 #3
Omaha Steve Sep 2012 #5
mountain grammy Sep 2012 #6
oldsarge54 Sep 2012 #4

Response to Omaha Steve (Original post)

Fri Sep 7, 2012, 11:37 PM

1. Management was incredibly stupid to try this.

 

Just dumb.

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Response to Omaha Steve (Original post)

Fri Sep 7, 2012, 11:47 PM

2. You would think other unions and their memberships would be staging sit-ins at the hotel.

 

Show some solidarity union members.

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Response to Omaha Steve (Original post)

Fri Sep 7, 2012, 11:54 PM

3. Having been in similar situations, it's been my experience

management almost always wins the war.. sad but true.

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Response to mountain grammy (Reply #3)

Sat Sep 8, 2012, 10:03 AM

5. "management almost always wins the war"


I won during the Reagan administration: mynlrb.nlrb.gov/link/document.aspx/09031d45800b8166

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Response to Omaha Steve (Reply #5)

Sat Sep 8, 2012, 05:37 PM

6. Good case, you deserved to win.

We won a few "battles" ourselves, but the workplace is now non union. Management finally won the war!

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Response to Omaha Steve (Original post)

Sat Sep 8, 2012, 06:48 AM

4. Does not the Constitution

Does not the constitution say something about speedy trials. I've noticed that management in several businesses delay enforcement by counter suing. There is that Coal Company that sued every effort to get the mines into safety compliance. Worked real good until people started getting killed. Why don't we take a page from the Republican playbook? Every time they say tort reform (Republican code for make it harder to sue the company), include a rider that prevents suits intended to block enforcement of a law by businesses.

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