A Federal Labor board ruled that the 18-month lockout of service workers has been illegal; a hearing in November will determine if the club must hire back the employees and pay lost wages.
A Federal labor board has ruled that a majority of the 18-month lockout of service workers by Castlewood Country Club, Pleasonton, Calif., has been illegal, which union officials say could force the club to bring the employees back and pay lost wages, reports the Contra Costa (Calif.) Times.
On August 26, the National Labor Relations Board charged the Pleasanton club with an unlawful lockout and set a hearing before one of its administrative law judges for a final decision, scheduled for November 7 in Oakland, Calif. The club plans to fight the charges.
“We’re really excited about it,” said Sarah Norr, representative for Unite Here Hospitality Workers Union Local 2850, which covers about 60 of the club’s cooks, servers, dishwashers and other hospitality workers. “We felt all along the club wasn’t bargaining in good faith to come to a win-win situation.”
Castlewood’s General Manager, Jerry Olson, declined to discuss specifics of the ruling, but did note that the same allegations were brought up in August 2010 and dismissed.
“There’s a hearing set for November, in which we fully expect to defend ourselves,” Olson said. “We are confident the outcome of the complaint will be the same as the last time the NLRB looked at it.”
After the hearing, workers will receive a ruling on whether the board’s decision is affirmed, Norr said. Another process would determine potential remedies. Besides ending the lockout, the union estimates workers could see as much as $1.7 million in back pay.
Health coverage was the main issue preventing a renewal of the contract that ended in September 2009. On February 25, 20101, after an exchange of offers did not produce an agreement, the club locked out the employees and hired temporary workers.
Since the lockout, the union has said the club has proposed other conditions, such as more rights to hire nonunion workers, that they say are not about money but about the club’s desire to get rid of the union.
The club has also insisted on new proposals, and has delayed bargaining and refused to meet more frequently until those conditions are accepted. The board charged the lockout became unlawful when those proposals were made.
Since the lockout started, there have been demonstrations almost daily, with about two dozen supporters arrested after they blocked access during a golf tournament in June. On Thursday morning, six demonstrators with signs and a bullhorn were at the entrance.
“I want to go back to work because it’s unjust what they’ve done here,” said Carlos Hernandez, 45, a married father of three who works as a cook. “If we have to be here longer, we will be, but I would love for it to end tomorrow.”
Michael Yonke, 59, of Alameda, has been a waiter at the club for 14 years, said he initially did not want to demonstrate. “One of things you have to remember out here is that you have to be patient,” he said. “You can’t give up just when something looks hopeless. You have to keep going.”
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