ANCHORAGE, Alaska?
The National Labor Relations Board has largely sided with union workers at a Downtown Anchorage hotel in a long-running labor dispute, ordering its Texas-based management company to implement a series of reforms.
According to a 74-page Wednesday decision posted on the NLRB?s website (PDF), the board has decided to uphold administrative law judge Gregory Meyerson?s August 2011 findings that Sheraton Anchorage Hotel owners Remington Lodging and Hospitality unfairly infringed on the rights of UNITE HERE Local 878 members.
At an August 2010 protest rally at the Sheraton, union employees said management had moved to divide employees, while Remington claimed that death threats had been made against Denis Artiles, the hotel?s general manager.
A federal injunction against Remington in February 2012 from U.S. District Court Judge Timothy Burgess required the company to restore employee benefits including lunch breaks and paid health care, after workers claimed management had coerced a majority of employees to vote the union out.
The board found specific issue with several Remington practices cited by Meyerson, including unilateral changing terms of employment in October 2009 without mentioning management?s issues with the union to officials at the Federal Mediation and Conciliation Service.
?Here, (Remington) initiated the modification of the contract but failed to notify the FMCS of the parties? labor dispute before making the changes,? the board wrote. ?Accordingly, we find that those changes were unlawful.?
The NLRB criticized Remington?s decision to discipline nine employees for presenting Artiles with a boycott petition, a move the board says the company didn?t defend in its filings.
?(Remington?s) exceptions and brief in support contain 11 numbered exceptions,? the board wrote. ?None challenges the judge?s finding that the Respondent unlawfully disciplined the nine employees.?
The board also upheld Meyerson?s findings that Remington unlawfully failed to recognize UNITE HERE and enforced eight rules in its employee handbook, such as provisions barring employees from having conflicts of interest with the hotel or leaving their work areas without permission from their department heads.
In its only significant point of disagreement with Meyerson, the board reversed his finding that Remington?s decision to unilaterally change promised benefits under an incentive plan for housekeepers was lawful because it was a small change -- or ?de minimis? in legal terms.
?As far as the record reveals, the housekeepers labored for a month or more under the impression that stepping up their work efforts would result in tangible employment benefits,? the board wrote. ?On this record, we cannot excuse (Remington?s) unilateral conduct as de minimis.?
Remington scored a minor victory when the NLRB agreed with Meyerson?s conclusion that a hotel plan to unilaterally outsource bellhops? driving duties was lawful, because it wouldn?t threaten any bellhop positions.
The board?s orders to Remington include requiring it to recognize and bargain with UNITE HERE. More than 20 other provisions bar unlawful practices ranging from issuing warning or suspensions to employees who support the union to confiscating employees? union buttons. In addition, Remington must offer to reinstate the nine employees it disciplined, as well as rescinding the eight offending rules in the employee handbook.
The NLRB also concurred with Meyerson that a notice of Remington?s violations should be read to employees -- in both English and Spanish -- by either a high-ranking member of company management or an NLRB agent in the presence of such an official.
?In his decision, the judge found that such a remedy was warranted by (Remington?s) numerous, severe, and widespread unfair labor practices,? the board wrote. ?No party has excepted to the judge?s recommendations, and we agree with the judge that such a remedy is warranted.?
A Tuesday statement from UNITE HERE hailed the NLRB?s ruling, but focused on keeping up local pressure on Remington?s leadership.
?While workers are pleased with this new Board ruling in their favor, they want to remind the public that their struggle is not over and that they continue to ask the community to boycott the Sheraton until the dispute is resolved,? union officials wrote.
Remington officials couldn?t immediately be reached for comment late Tuesday afternoon.
Contact Chris Klint
cbs news Boston.com NBA Playoffs 2013 Watertown Boston npr Oblivion Hemlock Grove
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.