A group of Hyatt Regency Waikiki Resort & Spa employees have asked the National Labor Relations Board to investigate Unite Here Local 5 for attempting to collect past union dues from the workers, who resigned their union membership during a contract lapse.

Honolulu Hyatt employees Mark Tamosiunas, Wayne Young, Steven Taono and Anges Demarke, who have support from the nonprofit National Right to Work Legal Defense Foundation, filed federal unfair labor practice charges against Local 5 late last week.

The employees alleged that the union sent them a letter attempting to collect unpaid union dues and fees for June 2012 to August 2013, a period when a bargaining agreement was not in effect. They also alleged that Local 5 did not provide a copy of the new contract or a notice of their right to refrain from union membership.

Tamosiunas said he sought the foundation’s assistance after Hyatt deducted $62.50 from his paycheck after Local 5 said that he owed $644.76 in past union dues and fees.

"I didn’t have to pay union dues during that time because there was no contract," the front-service clerk said. "It took me almost 10 years, but I finally know my rights."

While Hyatt would not comment, Local 5 said it disputes the claims.

"It is not a condition of employment for these workers to pay their dues. However, they must pay their dues to be union members," said Paola Rodelas, Local 5 communications specialist. "We were just informing all Hyatt workers that they owe dues if they want to continue to be union members. Hyatt made a clerical error deducting dues from these nonmembers’ paychecks and fixed the error."

Rodelas said Local 5 never received any of the money that had been deducted in error by the employer.

"This charge against the union, based on an employer error that was already corrected, is an example of the duplicity of the Right to Work Foundation, which solicits workers to file charges against unions as part of the corporate attack on working people’s right to organize and be represented by unions," she said. "Local 5 has been the target of most of the foundation’s charges, which are routinely dismissed. We expect this charge to be dismissed as well."

However, foundation staff attorneys said Local 5 has a history of abuses in Hawaii. The foundation assisted Turtle Bay Resort employee Brenda Lee Orr and Hilton Hawaiian Beach Resort and Spa employee Grant Suzuki in winning federal settlements in 2008 that resulted in Local 5 refunding union dues and fees that were used for union politics. In 2012, Suzuki and another hotel employee, Daryl Sakugawa, filed charges alleging that they were made to contribute to a variety of activities outside of workplace negotiations, including political lobbying and a union strike fund.

"Once again, Unite Here bosses have demonstrated how little regard they have for workers’ rights," said Patrick Semmens, legal information director for the National Right to Work Foundation. "The only permanent solution to chronic union law-breaking is a Hawaii right to work law, which would ensure that no employee can be forced to join or pay dues to a union."