The boycott against HTH and the Pacific Beach Hotel continues with strong support from Japanese unions. International Vice-President Hawaii Wesley Furtado and Local 142 Secretary-Treasurer Guy Fujimura went to Japan from September 6-10, 2011, to attend the National Convention of Zenkowan and rallies arranged by the Japan supporters of the Pacific Beach Hotel boycott campaign. One rally was attended by 94 leaders from various Japan unions. They showed video recordings of some of the Pacific Beach Hotel workers thanking the Japanese unions for their support.
September 13, 2011 decision goes against HTH
The most recent decision by the NLRB continues to uphold our charges against the hotel. On September 13, 2011, Administrative Law Judge John J. McCarrick ordered, among other remedies, the reinstatement of illegally terminated Rhandy Villanueva, a member of the union’s negotiating committee, restoration of housekeeping room assignments to 16 rooms in the Ocean Tower and 15 rooms in the Beach Tower, reimbursement of employees for matching contributions totheir 401(k) plans for the period from January 1, 2010 to May 1, 2010, lifting the lifetime ban from entering the hotel against union agents Dave Mori and Carmelita Labtingao, resumption of bargaining with the union, and for the three top officers of HTH— CEO Corine Watanabe, President John Hayashi, and Mitch Minicola—to be involved when they read the Board’s order to a meeting of all bargaining unit employees during working time.
The National Labor Relations Board upheld almost all the unfair labor charges made by the ILWU against the hotel’s owners, HTH management. The Board ordered HTH to resume negotiating with the union, accept all tentative agreements made in earlier negotiations, pay back wages and make whole all workers who were fired, laid off, lost hours, or reassigned to different jobs, and to negotiate with the union over all unilateral changes made by management since December 2009. The Board also ordered HTH to reimburse the ILWU for all negotiating expenses and to reimburse the NLRB for its legal expenses.
According to Tom Cestare, who runs the Hawaii office of the National Labor Relations Board, this is the first remedy of this kind in the 75 year history since the National Labor Relations Act was passed. This remedy was only possible because President Obama appointed people to the National Labor Relations Board who are serious about enforcing the nation’s labor laws. It would never have been made under the Bush NLRB and the Republicans are doing everything they can to prohibit the NLRB from issuing effective remedies which would actually require companies to follow the law. This is only one of many changes we could lose if Republicans win in the 2012 elections.
The NLRB knew HTH would appeal, so on June 15, the day after the Board decision, they went to the 9th District Court to file for an order to enforce the decision. This will require HTH to carry out the NLRB orders even if the company appeals.
Shigeru Fujiki, International Transport Federation Inspector, leads a cheer in support of Pacific Beach Hotel workers.
International Vice President Hawaii Wesley Furtado (above) and Local 142 Secretary-Treasurer Guy Fujimura (below) made presentations to 100 of the top labor leaders in Japan.
As expected HTH waited until the last day on July 13 and filed a petition to review the order of the NLRB to the Ninth Circuit Court of Appeals. That appeal is expected to go nowhere.
HTH Corp. has apparently retained a new law firm—one with approximately 1,800 lawyers and over 30 offices worldwide—to file an appeal on a completely different issue with the U.S. Supreme Court. HTH is claiming that an injunction issued by District Court Judge J. Michael Seabright was improperly requested.
On July 13, 2011, the 9th Circuit Court of Appeals rejected HTH’s appeal of the injunction order. A contempt hearing is scheduled to be held before Judge Seabright on October 31, 2011.
Letter of thanks to the Japanese unions from Pacific Beach union negotiating Committee member Guillerma Ulep.
No boycott of Pagoda Hotel
The Pagoda Hotel and Restaurant is no longer under boycott. HTH sold the hotel and restaurant to real estate developer Peter Savio in October 2010. The sale price was not disclosed, but HTH had listed the 46-year old, 359-room hotel for $15 million.
Savio retained the 150 workers employed at the Pagoda Hotel.
Do not give your business to an employer who repeatedly breaks the law and refuses to recognize the right of their employees to organize into a union.
Do not patronize the Pacific Beach Hotel if you support justice for the workers of the hotel who have stood up to management and are fighting to unionize and win a contract for over ten years.
