Facts

Unite Here Local 11 filed a complaint against Hostmark Hospitality Group dba Embassy Suites Irvine Hotel, for alleged violations of the National Labor Relations Act.

Hostmark Hospitality Group took over the management of the Embassy Suites Irvine Hotel on Sept. 1, 2012.

COMPLAINANT'S CONTENTIONS:
The union claimed that at the time respondent took over, the hotel employees had been engaged in an organizing campaign since about August 2010. The employees continued with their efforts to unionize after respondent took over. However, complainants alleged, respondent prevented them from doing so. Moreover, the union accused respondent of violating the National Labor Relations Act by, among others, impliedly promising an employee a promotion to discourage union activities, interfering with lawful leafleting activity, issuing a warning to David Williamson and suspending Rachele Smith and Ana Trevino for engaging in union activities. Complainant further alleged that such conduct constituted unfair labor practices.

RESPONDENT'S CONTENTIONS:
Respondent denied the union's allegations and specifically asserted that the discipline it issued, including the termination of one employee, Albertina Solorio, was for repeated workrule violations regarding working unauthorized overtime and meal/rest break violations, unrelated to her alleged union activities. Respondent further contended that it disciplined employees Argelia Rico and Ana Trevino for similar workrule violations, unrelated to their alleged union activities. Respondent contended that the discipline issued to David Williamson and the two-week suspensions of Rachele Smith and Ana Trevino were for violating the respondent's posted policies prohibiting workplace harassment and insubordination. It further contended that the balance of the workrules at issue in the complaint were either voluntarily withdrawn by respondent or legitimate workplace rules which did not comprise a violation in the act.

Result

Administrative Law Judge Jay R. Pollack found that respondent had engaged in certain unfair labor practices, and ordered respondent to cease and desist from doing so. Judge Pollack also ordered respondent to make Smith and Trevino whole by reinstating them, and compensating them for any loss of wages and other benefits during their two-week suspensions. The judge also required respondent to remove any and all references to the unlawful discipline of Williamson, Smith, and Trevino. The ALJ agreed with respondent that the termination of Solorio was for repeated workrule violations unrelated to her alleged union activities, and that it disciplined employees Rico and Trevino for similar workrule violations, unrelated to their alleged union activities.

Other Information

Respondent intends to file exceptions to the portions of the order that found against respondent.