Federal Judge rules Against LAX Hilton in Wrongful Suspension of Employees

October 25, 2008

Los Angeles – A federal administration judge ruled in favor of union labor leaders on the dispute against LAX Hilton for wrongfully suspending 77 workers and threatening others who engaged in protected activities.

“It's an enormous victory of the workers," said Kurt Petersen who is the lead organizer for the restaurant and hotel workers union, Unite Here Local 11, which filed the complaint against LAX Hilton.

Hilton officials said in a statement that the judge’s ruling was “wrong” and that they are reviewing it at the moment before they decide to make an appeal. They are considering filing an appeal to the full National Labor Relations board.

Federal administrative Judge John A. McCarrick found that LAX Hilton had violated the law several times between March and August 2006. Back in April 2006, a banquet chef had pushed back some employees to their workstations after one of them asked whether they can put a piggy bank in their place of work to help raise money for equipment. The chef told one employee that he “would kick their asses out of here” if they left their stations to talk about the issue.

The principal allegation, however, was mainly about the May 11, 2006 incident in which nearly 100 employees gathered in the cafeteria and demanded information on why one of their colleagues who was a pro-union worker had been suspended from work. The managers responded by ordering them back to work. The employees refused to follow, after which police were summoned and dozens of workers were suspended because of the incident.

Judge McCarrick ruled that the employees were at that time engaging in protected activity, and ordered LAX Hilton to pay more than $36,000 in back wages, plus interest.