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Labor law protects the rights of nonunionized, too

published May 15, 2006

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( 18 votes, average: 3.8 out of 5)
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In January, Hyatt instituted procedures nationwide for cleaning rooms that were intended to build efficiency. Housekeepers were asked to do less in each room - but to clean as many as 30 rooms per day rather than 17.

This didn't sit well with the people doing the work. A majority of the 135 housekeepers found flaws in the new procedures.


So the housekeepers started to talk to one another; pretty soon they were complaining about the new workload in public protests by picketing near the downtown hotel.

"They got the attention of management, and that's what they set out to do," says Peter Zschiesche, executive director of the Employee Rights Center, a San Diego agency supported by unions and intended to help nonunionized workers with their problems.

More than that, the Hyatt housekeepers were exercising rights that they probably didn't even know they possessed.

"Most people think about the National Labor Relations Board and they think it only applies to unions," says Chris Hoffman, an attorney with Fisher & Phillips, which specializes in labor law. "But the law also protects the rights of nonunion employees to discuss unionization and provides them protection from retaliation by the company."

In fact, federal labor law recognizes employee groups as small as two members.

Hyatt officials have been meeting with their nonunion housekeepers in recent weeks. While neither party was willing to publicly discuss the labor situation, indications are that both sides are trying to work through the issues. The public protests have been curtailed for now, and state mediator David Hart has sat in on some talks.

Because both sides have to agree to mediation, Hart's inclusion in the talks is significant.

"I would take the involvement of the mediator as a good sign," Hoffman says.

"Any time you have a group of workers who come to you as an employer, it makes sense to talk to them about their issues," he says. "You don't have to have a formalized union to sit down and discuss work conditions with them."

At the same time, Hoffman says there is nothing in labor law that forces employers to negotiate with these groups or to even hear them out.

"Any group of workers can act as a union if they band together," says Zschiesche. "I don't know of many employers that wouldn't at least discuss the issues a group of workers brought before them."

Several years ago, the Employee Rights Center went to bat for 17 employees of a San Diego machine shop who walked off the job to protest working conditions. The workers did not have a union and the employer fired them, said Zschiesche.

Using the NLRB anti-retaliation provisions, the Employee Rights Center was able to help the machinists regain their jobs and back pay.

"You can see from that example that a group of workers acting together can be effective," he says.

Today only 12.5 percent of American workers belong to unions, yet there are many workplaces that enjoy healthy and respectful labor relations. Companies that value their employees and listen to them can create good workplaces.

But it's still noteworthy that a few dozen nonunion housekeepers have been able to get Hyatt to sit down and talk to them.

"Even with the legal protections in place, it's rare to see a group like this get a major corporation to sit down and listen to them," Hoffman says. "I would call that quite an achievement."

© Copley News Service

published May 15, 2006

( 18 votes, average: 3.8 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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