San Ramon Express: NLRB law judge finds Castlewood club wrong in locking out workers

Administrative Law Judge Clifford Anderson of the National Labor Relations Board has found that Castlewood Country Club has maintained an illegal lockout since August 10, 2010.

In a written opinion issued Aug. 17, he recommended that the NLRB order Castlewood to reinstate the locked-out workers and pay them two years of back wages and benefits.

Back pay, according to estimates, could total more than $3 million in wages and benefits.

Judge Anderson gave Castlewood 28 days from the time of his finding to either accept the terms and pay the workers, or move forward with an appeal.

“We’ve been saying for two years that Castlewood wasn’t giving us a fair chance to get our jobs back,” said locked-out Castlewood cook Carlos Mejia. “Now Judge Anderson is saying the same thing.”

“I hope this will be a wake-up call to the golfers that they need to stop stalling and put us back to work,” he added. Read the full article.

Daily Kos: Still No Health Care. Still No Job. But 907 Days Later, One Vindicating Court Decision.

Nine hundred and four days into a lockout of kitchen workers by the Castlewood Country Club (“land of the rich, home of the selfish”), Adminstrative Law Judge Clifford Anderson handed down a decision that the workers at Castlewood had amazing faith was coming. He found that

Castlewood had maintained an unlawful lockout for two years.
Castlewood had bargained in bad faith.
Castlewood’s attorney was not credible
Castlewood maintained ‘animus’ towards its locked out workers.
Castlewood management violated numerous other labor laws.

And his decision orders the club to reinstate the workers and give them back pay and benefits. Read the full article.

Tri-Valley Times: Labor board sides with Castlewood workers

PLEASANTON — Union members could receive millions in back wages and benefits after an administrative law judge found that Castlewood Country Club has maintained an illegal lockout for more than two years.

Judge Clifford Anderson of the National Labor Review Board, has recommended the labor board order Castlewood to reinstate all locked-out workers and pay them up to roughly $3.4 million in two years of back wages and benefits.

Anderson’s finding was released Friday.

The lockout at the plush country club nestled in the Pleasanton hills began Aug. 10, 2010.

Union members are ecstatic about the recommendation, however they say they will wait to fully celebrate until after Castlewood responds to the recommendation. Read the full article.

LOCKOUT FOUND ILLEGAL! Action Wedneday 5 pm!

DEMAND AN END TO AN ILLEGAL LOCKOUT!
Wednesday, August 22, 5 pm
Castlewood Country Club Valley Course

Dear brothers and sisters,

In an August 17 decision, Administrative Law Judge Clifford Anderson of the National Labor Relations Board found that Castlewood Country Club has maintained an illegal lockout since August 10, 2010. He recommended that the NLRB order Castlewood to reinstate the locked-out workers and pay them two years of back wages and benefits.

Join us for a picket to celebrate the ruling and call on Castlewood to bring its workers back!

“We’ve been saying for two years that Castlewood wasn’t giving us a fair chance to get our jobs back. Now Judge Anderson is saying the same thing. I hope this will be a wake-up call to the golfers that they need to stop stalling and put us back to work,” said Castlewood cook Carlos Mejia.

Anderson wrote, “I find that that the Club had abandoned its earlier good faith bargaining for a new contract and, as of August 10, 2010, the Respondent was no longer bargaining in good faith with an intent to reach an agreement. Rather, it was unlawfully endeavoring to frustrate the bargaining process and reduce the possibility of the parties arriving at any agreement . . . I further find that the Respondent’s conduct on that date and the positions taken in bargaining on that day were undertaken because of its animus toward the Union and animus to the locked out employees who supported the Union in bargaining.”

We hope that this decision will prompt Castlewood to bring the workers back and agree to a fair contract. But it’s also possible that the Club will try to prolong the case. (For more detail on Judge Anderson’s decision and the legal process, see our FAQ on the decision.)

“We’re thrilled about the decision, but we know we could still have a long fight in front of us,” said Castlewood janitor Francisca Carranza. “We need our friends in the community to stand behind us as much as ever.”

Hasta la Victoria!
UNITE HERE Local 2850

P.S. For questions or rides, contact Sarah Norr at 510-502-5344 or [email protected]

P.P.S. HELP WORKERS STAY IN THE FIGHT – DONATE TO THE CASTLEWOOD HARDSHIP FUND TODAY! The Fund is running low and could really use your support – especially to help with medical bills for workers who have lost health coverage because of the lockout.

8/31: Labor Day Airport Action + Boycott Launch!

Friday, August 31, 11 am – 1 pm
Oakland Airport Terminal 2

Over the past two months, non-union food service workers at the Oakland Airport have been standing up for justice on the job. They’ve filed claims alleging violations of state and local labor laws, and demanded a fair process to decide whether to join a union, free from employer intimidation. Check out great coverage of the campaign from the East Bay Express, In These Times, and KPFA!

Since workers went public with their demands, Hakima Arhab and Bikram Thapa – both Subway employees active in the campaign – were fired. Other workers have seen their hours cut, or have received citations from the Port of Oakland for coming into the airport on their days off to speak with their employers about problems on the job. The Port, the State of California, and the General Counsel of the National Labor Relations Board are investigating claims about violations of the law. But in the meantime, workers are continuing their struggle for fairness and dignity – and are calling for a consumer boycott of their employers (see below for a complete list).

Join UNITE HERE 2850 and airport workers for a Labor Day action to launch the boycott!

SIGN THE BOYCOTT PLEDGE HERE!

Check out our new airport campaign page to learn more about the workers and their stories!

For questions or rides, contact Lian Alan at [email protected] or 510-219-6491.

Workers are calling on airport consumers not to patronize the following businesses until they agree to a fair process for employees to decide whether to be represented by a union:

• See’s Candies
• Auntie Anne’s Pretzels
• Gordon Biersch
• Jamba Juice
• Subway
• Otaez
• Burger King
• World Passage Duty Free
• Silver Dragon
• Tech Showcase

Sign the Boycott Pledge!

Since June 2012, workers at non-union food service subcontractors in the Oakland Airport have been speaking out about violations of local, state and federal labor laws at their workplaces. They are calling for a fair process to decide whether to join a union, free from retaliation. The subcontractors have not agreed – and several of them have fired workers, cut their hours, and worked with the Port of Oakland to sanction workers for standing up for their rights. Now, UNITE HERE and workers are calling for a boycott of the non-union subcontractors at the airport, starting on Friday, August 31st. Join us and pledge your support!