A National Labor Relations Board began a hearing Monday on union allegations of unfair labor practices — including the firing of a worker who questioned managers — at the Modern Honolulu hotel.
A federal administrative judge began listening to allegations the labor board brought forward on behalf of Modern Honolulu union members, who claim they have been mistreated for months since owners M Waikiki LLC fired Marriott International during a hostile takeover in August 2011 and, amid bankruptcy, replaced the chain with Modern Management Services LLC, an affiliate of Aqua Hotels & Resorts. The labor board is a federal agency that mediates disputes between management and unions.
Modern Honolulu union workers, who are members of Unite Here Local 5, have yet to get their first contract at the property. The workers have made more than 20 complaints to the NLRB.
The hearing, which continues today and may take a week to complete, will focus on charges relating to the termination of Juliana Alcaraz, a former room attendant, who was fired after discussing issues at a meeting with managers, said Local 5 spokesman Cade Watanabe in a telephone interview.
"We were told that departmental meetings were a place to voice our concerns," Alcaraz said in a news release. "But when I voiced concerns me and my co-workers had about how we were being treated, I was fired 4 days later."
Watanabe said Alcaraz is one of about seven workers the union contends have been unfairly terminated since the takeover.
"We hope to see her reinstated with back pay," he said.
Modern Honolulu General Manger Vittal Calamur declined to comment on Alcaraz because it was a personnel matter.
Before the start of this week’s trial, the NLRB had issued separate rulings on charges unrelated to Alcaraz’s firing, Watanabe said.
The NLRB previously ruled that Modern Honolulu had illegally changed working conditions and benefits, failed to provide necessary and relevant information to the union and unlawfully interfered with employees’ rights to access their union representatives, he said.
"In lieu of going to trial on these charges, the Modern Honolulu settled by agreeing to reinstate existing benefits and working conditions," Watanabe said.
Policies implemented by Modern during the transition were made to ensure employees would receive continued benefits, Calamur said in an email. "We implemented benefit plans that we felt were fair to all, based on the limited information we had at the time," he said. "Had we not done this, everyone would have been working without benefits. As we received confirmation from the previous management company, we altered our benefit programs to mirror their earlier benefit programs."
Calamar said Modern Honolulu has since reached a settlement to deal with nearly all of the remaining charges without admitting any violation of federal law.
"Many of the charges filed by Local 5 as part of its efforts to force the return of Marriott as the hotel management company were either dismissed by NLRB or withdrawn by the union because the NLRB found them to be without merit," he said.
This latest development comes a few months after hotel owner M Waikiki LLC settled a bitter and costly dispute with Marriott, clearing the path for it to emerge from bankruptcy.
The hotel, which opened in September 2010 as the Waikiki Edition, initially was meant to be the first of a global chain of hotels developed in partnership with Marriott and Ian Schrager, who is credited with launching New York disco Studio 54.
The Modern Honolulu is next door to the Ilikai Hotel in Waikiki.
Since the takeover and subsequent bankruptcy filing, Aqua has been carving out a new identity for the luxury hotel, which is home to Morimoto Waikiki restaurant, established by celebrity chef Masaharu Morimoto, and Addiction Nightclub, formerly known as Crazybox.
Watanabe said no new bargaining dates have been set since July 18.
"We look forward to continuing to bargain in good faith with the union to reach an agreement that is in the best interest of our employees and the hotel," Calamur said.
