A decision from the U.S. Supreme Court on Monday not to hear an appeal from Pacific Beach Hotel reaffirmed the rights of workers but did not end the lengthy labor dispute between the Waikiki hotel and the International Longshore & Warehouse Union (ILWU) Local 142.
"It means that we were right all along and we’ve been continually right all along," said Tom Cestare, Hawaii officer-in-charge for the National Labor Relations Board.
Pacific Beach Hotel petitioned the nation’s highest court after a decision from the Washington, D.C.-based National Labor Relations Board last June ruling that the hotel had discriminated against employees and bargained in bad faith with the union, which first filed a petition for recognition in 2002. The hotel’s appeal had sought to challenge whether a short-staffed U.S. NLRB had the authority to assign the case to general counsel.
"We will abide by the ruling," Robert "Mick" Minicola, regional vice president of operations for HTH Corp., which owns Pacific Beach Hotel, said Monday.
While the Supreme Court’s decision not to hear this petition probably will not affect the day-to-day struggles of employees at Pacific Beach, it does lend credence to positions taken in the U.S. District Court and by the NLRB, Cestare said.
A contempt order and two injunctions against the hotel could have been nullified if the U.S. Supreme Court had decided to hear the case and had ruled for the hotel, Cestare said.
"Now the struggle goes on for these employees," he said. "Board orders from the NLRB are not self-enforcing; you have to go to court to enforce them."
During the past 11 years, the NLRB has charged Pacific Beach with numerous labor violations that include failing to bargain in good faith, discharging employees to discourage union activities, unilaterally changing terms and conditions of employment, and interfering with the rights of employees under the National Labor Relations Act.
The union and the hotel are slated to go back to court June 14 for a 9th Circuit Court of Appeals hearing, Cestare said. The NLRB is seeking enforcement for an earlier ruling that Pacific Beach Hotel reimburse the union for costs associated with unfair bargaining and give back pay to seven workers and bargaining committee members who were found to be wrongfully terminated, he said. Other legal actions also are pending, Cestare said.
Rhandy Villanueva, who returned to work in January after what the NLRB ruled were two wrongful terminations by the hotel, said that he is glad to be back on the job and is hopeful that a contract will be forthcoming.
"Pretty much workers are expecting for the best," Villanueva said. "Morale has improved since the ruling that brought back those who wanted to come back to work."
Pacific Beach employees now hope that the Supreme Court’s decision will move them closer to a first contract, said Ruben Bumanglag, who was reinstated to Pacific Beach’s maintenance department per a judge’s order.
"It validates that the company is violating labor laws," Bumanglag said. "I hope that it will help us to get a contract at the property. For so long already we’ve been negotiating. They don’t seem to be getting the message."
Dave Mori, Oahu division director for the ILWU, said bargaining is expected to resume in mid-April.
"We remain optimistic that they will begin bargaining in good faith," he said.