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Judge rules Aqua-Aston violated federal law

Judge rules Aqua-Aston violated federal law

Aston Waikiki Beach and Hotel Renew workersHonolulu (June 1, 2016) – Aqua-Aston Hospitality executives have been found guilty of violating federal law by threatening and disciplining workers at the Aston Waikiki Beach and Hotel Renew.

On May 31, 2016, Administrative Law Judge Mara-Louise Anzalon issued her decision after a 3-day trial addressing four unfair labor practice charges filed by Local 5 against Aqua-Aston. She ruled that:

  • Aqua-Aston unlawfully disciplined two employees for talking about the Union on work time.
  • Gary Ettinger, Executive Vice President of Operations, illegally intimidated and threatened workers in employee meetings.
  • Aqua-Aston illegally threatened to trespass employees for passing out pro-Union leaflets to guests at the Aston Waikiki Beach lobby.

“It’s been tough coming to work when management is threatening and intimidating us. Knowing that we are fighting for our rights keeps me going. I’m happy about this ruling. I hope that management will finally obey the law,” says Tino Fabro, who works in the Aston Waikiki Beach housekeeping department.

Aqua-Aston has been ordered to post notices in both hotels, informing employees that Aqua-Aston violated the National Labor Relations Act and that workers have a right to organize for a fair process to decide whether to unionize, free from intimidation and threats.

Judge Anzalon noted that Aqua-Aston’s witnesses “could not agree on a consistent version of the facts;” General Manager Mark DeMello’s testimony was “forced and rehearsed;” Ettinger’s testimony was “less than fully credible,” with “dismissive denials, sometimes accompanied by laughter…”

Aston Waikiki Beach and Hotel Renew workers have been fighting for a fair process to decide whether to unionize since February 2015. 22 unfair labor practice charges have been filed against Aqua-Aston.

Aston Waikiki Beach Hotel is owned by Xenia Hotels and Resorts (NYSE:XHR), a recently spun-off affiliate of Inland American Real Estate Trust Inc.

Local 5 represents approximately 11,000 workers throughout Hawaii who work in the hospitality, health care and food service industries and is an affiliate of UNITE HERE, an international union that represents over 250,000 workers throughout the U.S. and Canada. For more information, visit www.unitehere5.org.

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Read the Administrative Law Judge’s decision (PDF).

PRESS RELEASE: Hale Nani Rehabilitation & Nursing Center workers authorize strike

Media Contact: Paola Rodelas

Mobile: (808) 333-4782

prodelas@unitehere5.org

Hale Nani Rehabilitation & Nursing Center workers authorize strike

12821396_1688073148106870_993326251385712072_nHonolulu (May 6, 2016) – Over 80% of Local 5 members who work at Hale Nani Rehabilitation & Nursing Center authorized a 3-day strike starting May 16 at 5:30p and ending on May 19 at 5:30p.

Workers are striking in response to the management’s unfair treatment of workers. Three unfair labor practice charges have been filed against Hale Nani for violating federal labor law by intimidating and surveilling Union supporters who are standing up for better patient care. The Employer recently fired 2 strong Union supporters.

“We are striking because management has been trampling over our union rights. They fired two of our union leaders on trumped-up charges. They’re trying to scare us,” says Louie Bernardo, who has worked at Hale Nani as a restorative nursing assistant for 15 years.

“We’ve worked hard in the past few months to raise awareness about our need for more staffing to better care for our residents. Management is trying to intimidate us in to being quiet. They don’t want us to speak freely about working conditions,” says Holly Seui, a certified nursing assistant at Hale Nani.

Workers on strike are not discouraging patients or their families from entering the facilities. In fact, they encourage patients and their families to come to the facilities for any services they may need, especially in the case of an emergency.

Local 5 represents 211 Hale Nani workers—primarily certified nursing assistants and workers in the dietary, maintenance, recreation, and housekeeping departments. Hale Nani is owned by Utah-based Avalon Health Care, which recently purchased Hale Nani for about $44.6 million. It also owns the Avalon Care Center in Kalihi and the Yukio Okutsu State Veterans Home in Hilo. It is about to open a new senior living community called Kalakua Gardens on Kalakaua Ave. across from the Hawaii Convention Center.

Local 5 represents approximately 11,000 workers throughout Hawaii who work in the hospitality, health care and food service industries and is an affiliate of UNITE HERE, an international union that represents over 250,000 workers throughout the U.S. and Canada. For more information, visit www.unitehere5.org.

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UNITE HERE Local 5 ratifies new contract with Kaiser Permanente

2015-10-13 19.22.05-1HONOLULU — October 20, 2015 — After three years of contract bargaining, Kaiser Permanente employees represented by UNITE HERE! Local 5 voted overwhelmingly to ratify a new three-year collective bargaining agreement that covers 1,900 employees at 22 facilities throughout Hawaii. The agreement retains full pension coverage with no cuts to benefits, provides excellent pay increases, adds significant new benefits, preserves options on medical coverage for both active and retired workers, and provides us the opportunity to work in partnership.

“We’re pleased to reach a fair agreement with Local 5 on behalf our employees,” said Jean Melnikoff, vice president of Human Resources. “This agreement helps Kaiser Permanente to remain sustainable in the long-term and stay affordable for our members and customers. It also ensures that our employees will continue to receive highly competitive wages and benefits so that we can attract and retain the best people to care for our members and patients.”

“After a difficult three-year contract dispute, both union members and the management team are highly motivated to work together and resolve issues,” said Eric Gill, the head of Local 5.  “All of us care deeply about providing the quality care our patients need, and this will help us work more effectively together to achieve that goal.”

For the latest updates on negotiations, please visit kpinhawaii.org/labor.

About Kaiser Permanente

Kaiser Permanente Hawaii has provided total health to the people of Hawaii for more than 50 years with physicians who are members of the Hawaii Permanente Medical Group, the largest multi-specialty physician group practice in the state of Hawaii. Kaiser Permanente is dedicated to care innovations, clinical research, health education, and the support of community health. Visit kp.org for additional information. Become a fan of good health with Kaiser Permanente Hawaii: Like our page at Facebook.com/KPHawaii and follow @KPHawaii on Twitter.

About UNITE HERE! Local 5

Local 5 represents approximately 10,000 workers throughout Hawaii who work in the hospitality, health care and food service industries and is an affiliate of UNITE HERE, an international union that represents over 250,000 workers throughout the U.S. and Canada. For more information, visit www.unitehere5.org.

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kp.org

Ala Moana Hotel workers ratify new contract

2014-04-24 09.48.46Honolulu (April 24, 2014) – With a resounding 159-1 vote, union hotel workers at the Ala Moana Hotel ratified a new contract that will improve the lives of 327 workers and their families and bring Hawai’i a step closer to providing good jobs for everyone.

Hotel management agreed to match the new hotel contract that was settled with the other major Local 5 hotels, like Hilton Hawaiian Village. Under the terms of the new contract, Ala Moana workers will receive an extra wage increase each year until their wages catch up to those in other major hotels.  In addition, management has agreed to make the sick leave provisions at Ala Moana match those in other hotels.

This is the first time in 27 years that the Ala Moana Hotel workers will receive the same pay and benefits that the major hotels get. When totaling the hourly wage, full family medical coverage, and guaranteed pension that these hotel workers receive, that amounts to around $31 an hour. Bringing another hotel up to that level brings Hawaii’s working people closer to achieving $31 for everyone.

“Today, we ratified and voted yes. Everyone is happy and satisfied with the new contract. After so many years, we finally received what we deserve and are being recognized like the other hotels in Waikiki,” says Liza Pintor, who works in the accounting department at Ala Moana Hotel.

Additionally, Ala Moana workers will not have to worry about falling behind in the next contract. Hotel management has already agreed to match everything that Hilton Hawaiian Village workers get in their next contract.

“We are so happy to get exactly what we’ve always wanted,” says seamstress Susanna Ramos, “We now have secure jobs and a secure future.”

The contract will expire in 2023 or at the end of the duration of the next Hilton Hawaiian Village agreement, whichever is longer.

Local 5 represents approximately 10,000 workers throughout Hawaii who work in the hospitality, health care and food service industries and is an affiliate of UNITE HERE, an international union that represents over 250,000 workers throughout the U.S. and Canada. For more information, visit www.unitehere5.org.

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Modern Honolulu workers ratify first-ever Local 5 contract

Modern Honolulu workers celebrate after the official vote count is announced

Modern Honolulu workers celebrate after the official vote count is announced

Honolulu (September 26, 2013) – With a 101-12 vote, workers at The Modern Honolulu in Waikiki approved their first union contract with UNITE HERE! Local 5.

Effective October 1, 2013, the new contract addresses the need for protecting good, local jobs in an industry that has remained profitable, but where hundreds of jobs have been cut. It includes a successorship provision that secures workers’ jobs if The Modern Honolulu is sold to another company, or changes ownership or management. This is especially important for The Modern Honolulu workers, who have seen two management changes in the two years since it has been open.

The new contract also provides hourly wage increases, two added holidays, improved workload for housekeepers, and increased porterage for bell and valet staff.

“As someone who has worked in the industry for most of my adult life, I can tell you how important it is to have job security and guaranteed benefits,” says David Yamamoto, a bartender at The Modern Honolulu. Yamamoto has been working at the hotel since 2010 when it was still the Waikiki Edition and witnessed first-hand the workers’ struggles through these management changes.

“While this is a great victory for us, the fight isn’t over,” says Audrey Jordan-Gecain, a Modern Honolulu housekeeper, “Many hotel owners are converting hotel rooms into luxury condos and timeshares. This happened at the Ilikai next door. If this happens at the Modern, our contract won’t protect us.”

From 1964 to 2006, what is today known as The Modern Honolulu was known as the Yacht Harbor Tower of the Ilikai Hotel. In 2006, Brian Anderson bought the Ilikai and sold off the Yacht Harbor Tower to eRealty. Yacht Harbor Tower then closed for renovations, putting hundreds of workers out of work, until 2010 when it reopened as the Waikiki Edition. In 2011, its owner M Waikiki LLC (a subsidiary of eRealty) ousted Marriott International, Inc. as the hotel’s management company, hired Modern Management Services LLC, an affiliate of Aqua Hotels & Resorts, to manage the property and renamed the hotel The Modern Honolulu.

The five-year contract covers over 250 Modern Honolulu workers.

Local 5 ratifies contract with Hyatt Regency Waikiki

Local 5 ratifies contract with Hyatt Regency Waikiki

After three-year dispute, new contract provides thousands of dollars in back pay

Housekeepers at the Hyatt Regency Waikiki place their contract ratification votes

Housekeepers at the Hyatt Regency Waikiki place their contract ratification votes

Honolulu (August 15, 2013) – Earlier this week and by a 292-0 unanimous vote Local 5 workers at the Hyatt Regency Waikiki ratified their local contract resolving a longstanding dispute that began in 2010.

The new contract expires in 2018, and includes full back pay from 2010, increases in hourly wages, the maintenance of family health benefits and retiree pension, and greater job security for workers. It addresses the need for protecting good local jobs in an industry that has remained profitable, but where hundreds of jobs have been cut.  The new contract brings some subcontracted jobs back into the union and will require that remaining subcontracted cleaning workers be paid the union standard for wages. The Hyatt Regency Waikiki must also maintain a minimum number of staff in its accounting department.

Improvements to housekeeping workload, bus transit passes provided by the employer, and union construction language that requires the employer to use union workers for construction or renovation projects in excess of $2,000.00 were also agreed to.

Hyatt workers took numerous actions over the past three years, including strikes and a global boycott.

Maria Teresa Del Mundo, Hyatt Regency Waikiki housekeeper for 7 years

Maria Teresa Del Mundo, Hyatt Regency Waikiki housekeeper for 7 years

“We are one union and we did it because we weren’t afraid to fight together. I’m happy we have our job security, and we can build a future for our families,” says Maria Teresa Del Mundo, a housekeeper who has been working at the Hyatt Regency Waikiki for seven years.

A key provision of the national agreement between UNITE HERE International Union and Hyatt Hotels is a “solidarity clause,” which would allow union workers to take action at their own hotels if non-union Hyatt hotels in other cities have not recognized the union or agreed to a fair process for employees to decide whether to have union representation by October 2015.

The ratification of contracts by union Hyatt workers in San Francisco, Honolulu, Los Angeles, and Chicago will trigger the end of the global boycott of Hyatt. With the agreement, 5,000 unionized Hyatt workers nationwide will have a contract for the first time since 2009. Local Hyatt boycotts in several U.S. cities will continue where labor disputes with Hyatt remain unresolved.

Local 5 represents approximately 10,000 workers throughout Hawaii who work in the hospitality, health care and food service industries and is an affiliate of UNITE HERE, an international union that represents over 250,000 workers throughout the U.S. and Canada. For more information, visit www.unitehere5.org.

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