The NLRB announced its ruling late Tuesday after a two-month investigation. CPMJ Enterprises and general manager Mike Bhakta violated federal labor law by discriminating against union workers and refusing to continue their employment under the new ownership, the NLRB said.
The hotel owners also violated federal labor law by unilaterally changing the terms and conditions of the workers' employment and by telling employees the new owners did not want union employees.
The NLRB regional office in Minneapolis, which issued the decision, is asking the company to reinstate the workers with back pay and post a notice that it will commit no further labor law violations.
The workers, who have come to be known as "The Rochester 19," are members of UNITE HERE Local 21, which represented the Holiday Inn Express workers. The new hotel management maintains it had no obligation to employ the workers or recognize their union.
The firings, coming just days before Christmas, have engendered widespread sympathy for the workers, said David Blanchard, business manager for Local 21. Community supporters have joined union members in conducting informational picketing at the hotel and at a rally in support of worker rights.
"The community obviously condemns Bhakta's first act as owner of the Holiday Inn Express which was to refuse to continue employment of 19 honest, hardworking people," Blanchard noted. "So far, the NLRB agrees with our community's sense of justice. The finding that Mike Bhakta violated federal labor law is vindication for each of our 19 members who lost their jobs four days before Christmas, hospitality workers, our community, and working families in Minnesota."
Brian Brandt, business agent for Local 21, said the union hopes Bhakta "will take this opportunity to change his attitude and build faith with our community by meeting the demands, which honor our community standards." Specifically, the union would like the hotel to return the workers to their jobs with back pay; write letters of apology to each of the workers; and take out an ad apologizing to the community.
"I want to emphasize that this decision is not the end," Brandt said. "It is a big step but until these demands are met, our dispute with Bhakta continues."
Hotel management has not indicated whether it would address the union's concerns or appeal the NLRB decision.
Local 21 represents more than 2,300 workers in the health care, hospitality and linen supply industries in southeast Minnesota.
|
