The Ithaca Journal (New York), March 7, 2008, Friday

Copyright 2008 The Ithaca Journal (Ithaca, NY)

All Rights Reserved

The Ithaca Journal (New York)

March 7, 2008, Friday

1 Edition

SECTION: LOCAL; Pg. 1B

HEADLINE: Center gets partial win against hotel

BYLINE: Tim Ashmore

BODY:

{}Hilton must let workers discuss conditions, terms

Journal Staff

ITHACA The National Labor Relations Board has ruled partially in favor of a former Hilton Garden Inn employee regarding a suit brought against the hotel in October, the Tompkins County Workers' Center announced Thursday.

Former housekeeper Michelle Lopez brought her complaint to the Workers' Center after her son was fired for taking days off to attend his grandfather's funeral. After attempting to form a union due to her son's discharge, Lopez was terminated and the hotel allegedly threatened to fire workers who discussed Lopez's termination, according to the Workers' Center.

After settling with the Labor Relations Board, Hilton Garden management promised not to threaten employees with discipline for discussing terms and conditions of employment with each other. Additionally, the hotel will post a statement telling employees they cannot be threatened for discussing workplace conditions in three employee-only locations in the hotel.

"We're disappointed that the (board) failed to challenge Michelle's discharge, claiming difficulty in gathering evidence about management's motivation," Worker's Center spokesman Pete Meyers said. "However, the protection for other employees is a significant gain."

Meyers said in a press conference outside the Hilton Garden Inn that the Workers' Center has decided not to pursue Lopez's allegedly unwarranted termination because of the Republican-controlled National Labor Relations Board in Washington.

"Unfortunately, with the NLRB in Washington tilting against workers' rights, it has become very difficult for the regional board offices to enforce labor law protections," said Lance Compa, labor law professor at Cornell University's Industrial Labor Relations school. "Fortunately, this regional office did see fit to move against violations of the broader group of employees' rights to discuss terms and conditions of employment without facing threats of retaliation by hotel management."

Compa added that it has become extremely difficult for workers to prove unwarranted terminations because it is difficult to prove an employer's motive in termination without "a smoking gun memo."

Jim Boudreau, general manager for the Hilton Garden Inn, called the suit "frivolous litigation on behalf (of) disgruntled employees." He added that the suit forced the hotel to spend money that would have instead been used in the community on attorney's fees.

"If the TC Workers' Center believes for a moment that there is 'victory' in that, I find it very sad," Boudreau said.

Despite losing the portion of the suit that pertained to her, Lopez said she considers the result a victory.

"I am winning by being able to tell other workers they can organize," she said, adding that she feels hotel housekeepers ought to be shown more respect by getting paid more. Lopez now works for the Workers' Center.

At the press conference, Meyers emphasized that it is the right of workers everywhere to gather and discuss the conditions of their working environment.

The Workers' Center's press conference, attended by about 20 people, coincided with the end of a 40-hour fast it hosted that more than 50 community members participated in since Tuesday. Participants were fasting to support the struggle of more than 600 hotel workers in Tompkins County, Meyers said.

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