Unions Get Tough on Hospitality

By: Jeffer, Mangels, Butler & Marmaro LLP

October, 1996

The AFL-CIO’s new president made a career of aggressive union organizing during his tenure at the Service Employees International Union. Now he has set organizing non-union companies as his top priority, and the hospitality industry is one of his targeted industries.

The hospitality industry has historically been a battleground for unionization attempts and aggressive union representation of workers. But recent trends demonstrate that unions are engaging in increasingly aggressive and creative tactics to attract attention to their cause in a manner that the industry has not experienced in decades. Hoteliers should be aware of both the trends in union tactics and the means to neutralize (or at least minimize) their effectiveness.

In an effort to organize a hotel’s work force or obtain an advantage at the bargaining table, unions have traditionally used walkout strikes, peaceful picketing, and work slowdowns. Now, as unions struggle to increase their visibility and support from outside their traditional constituencies, they are employing increasingly combative, even “guerrilla-like” tactics in a variety of forums.

Engaging in mass picketing and other protest activities - Under the rubric of First Amendment freedom of speech, these activities often disturb the peace of hotel guests with loud mealtime or early morning protests, Recently, at a Southern California hotel situated in Bel Air, the union staged a predawn raid using blaring horns, banging drums, and blowing whistles. Because the raiders did not distribute literature or yell slogans or messages of any kind, it appeared that the raid’s sole purpose was to harass hotel guests and inconvenience management. As they left, the raiders reportedly promised to return and “take over” hotel rooms.

Filing questionable or meritless charges or complaints with federal and local enforcement agencies - Many believe that in an effort to create administrative hassles and cause employers to incur significant expense, unions often file meritless claims with such agencies as the NLRB, OSHA, EPA and local health and fire officials. A simple charge or complaint, no matter how baseless, may require many hours of managerial time and thousands of dollars in professional fees to combat. For example, a complaint over the hotel’s failure to comply with physical barrier requirements under the Americans with Disabilities Act could result in the sudden need to undertake costly physical renovations. Such activities dissipate managerial resources, thereby effectively elevating the union’s status.

Obtaining support form government officials - Unions often seek out government officials who publicly support the union agenda. Many of these government officials also may have built-in communication channels with the media so that pro-union viewpoints may be readily disseminated. In addition, these officials may even be capable of influencing the scope or enforcement of certain laws adversely affecting the hotel.

Calling upon union-friendly organizations to harass management - Unions often will attempt to mobilize convention scouts, event organizers, tourist organizations, travel networks, and hospitality industry affiliates in an effort to seek their support to boycott the hotel or otherwise pressure management to accede to the union’ demands.

Using “inside game” tactics - This technique uses the employers workforce to diminish production and damage employee-management relationships. Tactics include symbolic demonstrations, clogging internal grievance systems with complaints, cessation of communications with supervisory personnel unless mandated by the job, openly ridiculing targeted managers, and ultimately “working to rule.” These actions ultimately cost the hotel money and frustrate hotel operations.

What can Hoteliers Do?

To minimize the effectiveness of these tactics against your hotel, you must be proactive. Perform routine human resources surveys and audits to gauge worker sentiments and detect early warning signs of union organizing. Monitor union activity in neighboring establishments.

The single most effective means of combating unions is building and keeping open and effective labor-management relationships. Implement good management training programs. Regularly update your personnel policies and grievance procedures. Stay abreast of personnel issues in the workplace and conduct ongoing seminars and public relations sessions. As in any contest, the best defense almost always is an early and strong offense. Unions seem to be adopting this approach, and hotels should consider doing likewise.

When all else fails and the hotel is confronted by large numbers of union demonstrators who shout, chat, block entrances and generally seek to disrupt patrons, go to the appropriate state court for injunctive relief. Work with your local law enforcement bodies to enforce general breach-of-the-peace laws and local ordinances regarding noise levels, sidewalk access and the like.

For injunctive relief, you must act promptly after the unlawful conduct occurs. Swift action protects hotel patrons and demonstrates to the court that any delay would result in irreparable harm. JMBM has successfully obtained numerous temporary restraining orders and preliminary injunctions for its hotel clients. These injunctions typically limit the number of pickets and their location and restrict picketing and hand billing activities. If the demonstrators violate the court’s orders, they may be held in contempt and subject to monetary fines and incarceration.

Recently, JMBM has successfully obtained preliminary injunctions, modified them to tighten restrictions, and then enforced them by monitoring the demonstrators’ activities in conjunction with local law enforcement agencies.

Hotel.Online Note...

View the The Hotel Employees and Restaurant Employees Union's California Travel Advisory Page at this click.