Circuit Court Ruling Complicates Housekeepers’ Plans to Unionize

Workers such as hotel housekeepers have a right to unionize, but for some it is more difficult than others. Late last month, a Washington, D.C. Circuit Court panel ruling on Davidson Hotel Co. v. National Labor Relations Board (NLRB),  sided with the employer bargaining unit, the Davidson Hotel operated by Marriott hotel in Chicago, On Labor reports.

In early 2018, UNITE HERE Local 1, a Chicago hotel workers labor union, wanted to represent housekeeping and food and beverage workers at the Davidson Hotel. However, the employer would not bargain with the workers unless front desk employees were included as well. The union filed a petition to NLRB in March 2018. After a board hearing, the NLRB regional director didn’t side with either party, explaining that the three groups of hotel workers were too different in terms of job duties, wages, and training. In addition there was “no interchange between the groups,” according to On Labor.

The union then filed two separate new petitions—one for housekeeping and other one for food and beverage workers—to the NLRB once again. The regional director now sided with the union, so the housekeeping and food and beverage workers voted to unionize.

The employer still declined to bargain with the union without including the front desk employees, so Davidson Hotel filed a request for review with NLRB, which sided with the union. In response, the hotel sought review in the Washington, D.C. Circuit, which sided with the employer last month.

Andrew Strom, general counsel for the Service Employees International Union, Local 32BJ, told Law360 that the Circuit Court’s ruling will make it harder for workers to organize. “There’s endless opportunity for employers to raise these questions about whether a particular unit is appropriate or has to include another group as well,” he said.