Reinstatement, bargaining, and payment of union’s bargaining expense ordered

The National Labor Relations Board, in a 3-0 decision issued on Tuesday June 14, 2011, found that the Pacific Beach Hotel (HTH Corp.), violated the National Labor Relations Act in numerous respects—the latest episode in a 10-year effort by the International Longshore and Warehouse Union (ILWU) to secure a collective bargaining agreement for approximately 500 employees at the prominent Waikiki lodging.

The case dates back to 2002, when Local 142 of the ILWU sought to organize about 565 hotel staff members. Results of the initial election, which the union lost, were set aside by the Board because of objection able conduct by the Hotel. The ILWU prevailed in a second election, held in 2004. However despite dozens of negotiating sessions, the two sides failed to reach agreement on a contract.

In September 2009, following a 13- day hearing, a NLRB Administrative Law Judge ruled that the Hotel had committed numerous unfair labor practices against the Union over the intervening years. This prompted a request for an injunction in the United States District Court for Hawaii, which in March 2010 ordered the Hotel to recognize the Union, bargain in good faith for a contract, and reinstate five union activists who had been fired. Additionally, the court ordered the parties to resume bargaining from the point where negotiations had broken off and to have Hotel managers read the court’s order to all employees.

The federal court case has continued as the NLRB has alleged that the Hotel and its principal manager have failed to comply with the court’s 2010 order.

Tuesday’s order requires the Hotel to offer reinstatement to a number of employees, resume bargaining, and make employees whole for their losses. In addition, in a relatively rare move, the Board directed the Hotel to reimburse the Union for its negotiating expenses and to have a responsible corporate official publicly read a remedial notice to employees

Commenting on the Board’s order, NLRB Hawaii Officer-in-Charge Tom Cestare said, “This order is the latest step in what has regrettably become a war of attrition against an employer that appears to be determined to thwart the employees’ legitimate rights to bargain collectively through representatives of their own choosing. We remain steadfast in our resolve to see this case through to a just conclusion.”

San Diego site of 2012 ILWU International Convention

The 26th ILWU International Convention is scheduled to run five days from June 4-8, 2012, at the Hotel Del Coronado in San Diego, California.

The ILWU International Convention is the highest policy making body of the union and is held every three years. Its location is rotated through seven regions of the ILWU—Southern California, Hawaii, Oregon/Columbia River, Northern California, Canada, and Washington/Puget Sound/Alaska. Alaska is a separate region but combines with Washington/Puget Sound to host the Convention.

The Convention sets policy for the International ILWU and nominates candidates running as titled officers or members of the International Union’s executive board.

Local 142 Hawaii is the largest local within the ILWU and usually sends over 100 delegates to the International Convention. Local 142 is one of over 40 local unions in the United States, the Inlandboatmen’s Union of the Pacific, and ILWU Canada which make up the International ILWU.

Local 142’s Constitution provides that the local’s three titled officers and five division directors are delegates to the International Convention. Another 20 delegates from the rank-and-file were elected in union-wide elections held last. November 2009. The Local pays all costs for these 20 delegates, such as airfare, lost wages, hotel and subsistence. Units may elect additional delegates but must pay all costs for these delegates. Units must have the approval of their membership or have a finance policy that allows for paying these costs. Units must also elect these delegates by secret ballot in a properly noticed unit election.

The 2015 International ILWU Convention will be held in Hawaii. In 2018, the Convention will be held in the Oregon/Columbia River area, followed by Northern California in 2021, then Canada in 2024.

Local 142 Convention 
The ILWU Local 142 Convention— the highest decision-making body for Local 142, is scheduled to be held for four days on September 18-21, 2012, at the Hilton Hawaiian Village Beach Resort in Honolulu.

Unite HERE Local 5 Financial Secretary-Treasurer Eric Gill, ILWU Local 142 President Isaac Fiesta, Jr., ILWU Local 142 Secretary-Treasurer Guy Fujimura, and State Representative Tom Brower speak to members of the press about the labor dispute at the Hyatt Regency Waikiki. The Unite HERE Local 5 boycott includes the Hyatt Regency Waikiki on Oahu, but does not include the Hyatt Regency Maui or the Grand Hyatt Kauai, the Hyatt hotels organized by the ILWU 142.

Need a copy of your union contract? Contact your steward or unit officer.

What are the ILWU’s industrial groups?

In September 1952, four separate ILWU locals joined together to form Local 142. The four ILWU locals were longshore, sugar, pineapple, and general trades. At the time, sugar was the largest grouping with over 17,000 members; pineapple had 4,200 members, longshore had 1,800 members; and general trades had 500 members. Sugar, pineapple, and longshore organized companies in those industries. General trades included companies from all other industries such as bakeries, automotive dealers, trucking, supermarkets, and manufacturing.

In 1961, the ILWU successfully organized 350 workers at four InterIsland Resort hotels. The grouping grew rapidly and Tourism officially became the fifth industrial when the Local 142 Constitution was amended in 1967. Tourism is now the union’s largest industrial group with over 8,000 members.

General Trades has also grown to become the ILWU’s second largest grouping with 5,500 members, adding credit unions, memorial parks, golf courses, hospitals, and other companies. Longshore has 1,000 members. Sugar, once the largest grouping, has declined to one company on Maui with about 600 members. Pineapple, once the second largest grouping, is down to three units on the islands of Maui and Oahu with a total of about 300 members.