Santa Monica, Calif. (September 22, 2004) – National Right to Work Foundation attorneys have persuaded the General Counsel of the National Labor Relations Board (NLRB) in Washington, D.C., to order the prosecution of a local hotel and union for actions taken to corral hotel staff into unionization against their will and without a secret ballot election.

The order came in response to six employees at the Four Points by Sheraton Hotel filing federal charges late last year to challenge a so-called “card check” unionization drive that resulted in a flood of allegations of workers’ rights violations. NLRB General Counsel Arthur Rosenfeld ordered a trial regarding allegations that the Four Points Hotel illegally recognized Hotel Employees and Restaurant Employees (HERE) Union Local 11 as the monopoly bargaining representative of the Hotel’s staff despite a lack of majority support. Additionally, the Four Points Hotel faces prosecution for unlawfully assisting HERE union officials in foisting union affiliation on its employees.

Under “card check” or so-called “neutrality agreements,” employers are induced to waive their employees’ ability to vote in a secret ballot election and agree to provide other assistance to the union in pressuring employees to unionize. These pacts often include unlawful pre-arrangements over substantive terms and conditions of employment, such as health care, wages, or compulsory union dues.

Because many Four Points workers felt harassed into signing union authorization cards, and many revoked signed cards, the employees disputed the union’s claim that a majority of Sheraton workers actually support the union. They are asking the agency to bar HERE officials from bargaining on their behalf. The case will now be remanded to the NLRB Regional office for a hearing before an Administrative Law Judge.

“Union officials knew they could not win a traditional, government-supervised secret ballot election of the employees,” said Stefan Gleason [1], Vice President of the National Right to Work Foundation. “That’s why they resorted to the coercive ‘card check’ process to saddle workers with unwanted union representation.”

Rosenfeld’s order follows precedent setting orders earlier this month that unfair labor practice complaints be issued in a series of employee cases challenging organized labor’s predominant coercive “card check” organizing method. Foundation attorneys convinced Rosenfeld to issue complaints based on unfair labor practice charges filed by workers who found themselves targeted for organization by the unwanted United Auto Workers union at Freightliner’s Gaffney, South Carolina, facility as well as Dana Corporation’s plants in Bristol, Virginia, and St. Johns, Michigan.