Tuesday, December 3, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, September 6, 2012
Court: Pacific Beach Hotel Must Submit to ILWU
By Selected News Articles @ 9:18 PM :: 9420 Views :: Maui County, Education K-12, Energy, Environment

Anti-Union Tactics Have to Go at Hawaii Hotel

by Tim Hull, Courthouse News

(CN) - The 9th Circuit chastised the parent of a Honolulu hotel on Thursday for a decade of union-busting and defiance of federal labor laws.

The federal appeals court affirmed a 2011 injunction from the National Labor Relations Board against HTH Corp. It forces HTH to bargain in good faith with the union that represents its workers at Pacific Beach Hotel; to rehire union representatives that were fired without cause; and to "rescind all unilateral changes to conditions of employment."

This is the second time the Honolulu-based federal appeals panel has upheld such an injunction against HTH. In 2010, the panel affirmed an injunction based on similar charges at issue today.

Despite the prior injunction, "HTH repeated the very actions that had been enjoined that year, prompting yet another round of litigation before the board," the ruling states.

The International Longshore and Warehouse Union, Local 142, and the NLRB had found that HTH consistently defied labor laws and worked against the union since 2002.

Local 142 alleged that the company had "withdrawn recognition of the union without just cause, unilaterally changed the terms and conditions of employment, threatened and terminated hotel employees who were active with the union, and failed to release to the union information necessary for collective bargaining."

HTH countered that its "demands reflected hard bargaining, not bad faith," and argued that the union had lost majority support.

Nonetheless, the NLRB ruled in 2011 that HTH had, between 2005 and 2008, illegally failed to bargain in good faith; improperly altered work loads and employment conditions without consulting the union; wrongfully fired union organizers for nonexistent or minor offenses; and attempted to sway employees away from organizing.

A three-judge panel unanimously agreed to enforce the NLRB judgment, deny HTH's challenge, and affirm the District Court injunction.

"Our rulings likely come as no surprise to the parties," Judge Mary Schroeder wrote for the court. "Two themes repeat themselves in the decade-long history of this dispute. 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."

---30---

LINK: Text of Court Order

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii