Stay at Unionized Hotels and ...
... Protect Yourself with this Contract Clause!*
New England Jewish Labor Committee activists at a 200-person-strong rally in July 2012 at the Hyatt Regency Downtown (l-r: Sandra Korn, Dave Borrus. Martha Plotkin, Amy Mazur, Roberta Bauer, Marya Axner, Jim Marshall, Dick Bauer, Stephanie Ainbinder, and Glen Dansker)
(August 23, 2013) - In 2009, we learned that nearly 100 hotel workers at three Boston-area Hyatt properties were fired, only to be replaced by other housekeepers, who were paid less money, and whom the fired workers had actually trained in their work. Since then, we have been involved in support of not only the Boston-area Hyatt hotel workers who lost their jobs, but hotel workers in Hyatt properties across North America who have been working to secure decent working conditions and a measure of dignity on the job.
Based on our understanding of Jewish tradition that teaches us to be in solidarity with workers and not to profit from the products of exploited labor, the Jewish Labor Committee pledged not to hold events at Hyatt hotels where there are labor disputes. And when in July 2012 the hotel workers at Hyatt hotels across North America called for a global boycott of the overwhelming majority of these hotels, we not only joined in support of the boycott, but encouraged others to do so.
One year later, earlier this month, we were more than happy to learn news of an important development in the ongoing campaign to secure better working conditions for the hotel workers employed by the Hyatt Hotels Corporation. UNITE HERE, the union representing workers in the hospitality sector across North America, reached an agreement with Hyatt. The agreement, which will go into effect upon ratification of Hyatt union contracts in San Francisco, Hawaii, Chicago, and Los Angeles, sets forth a clear process for Hyatt workers at a number of hotels to secure union representation through a fair, mutually acceptable process, and creates a framework for an ongoing relationship between the union and the management of Hyatt. The contracts in the cities listed above would be inline with city standards in the industry, and include substantial wage increases, quality health and pension benefits, and job security. As part of the accord, upon ratification of the union contracts, UNITE HERE will end its global boycott of Hyatt.
It is clear, however, that this development would not have taken place without the steadfastness of these hotel workers, the concerted hard work of the labor movement, and the support of many in the community at large.
Many of you refused to book your events at Hyatt hotels. However, some of you could not because you had booked your event before the boycott was called and you would have suffered considerable financial penalties by canceling. It is typical to arrange hotel accommodations well in advance of events, and in the interim, a labor dispute could arise which may put you in the unfortunate position of crossing a picket line or incurring significant financial penalties.
*There are ways to avoid this situation. Continue reading to see this Contract Clause.
When you begin to consider holding an event at a hotel, it is really not hard at all to determine if the hotel is under boycott or if there is a risk of dispute. First step is to check with UNITE HERE, the hospitality workers union. Fortunately, they have prepared a website which has an extensive list of hotels to "Please Patronize," on one hand, and another list, "Boycott these Properties." Just look here: http://www.hotelworkersrising.org/HotelGuide/
Then, when you select a venue, you should have a clause -- it is called a "force majeure" clause -- included in your contract with any hotel; it will make it possible for you to cancel without penalty in the event of a labor dispute that arises after you sign your contract. Attached below, at the end of this letter, is a sample clause you can use and we strongly encourage you to do so. Have your own lawyer go over any contract, of course!
By organizing, these workers have been taking significant risks. They do so knowingly in order to ensure their livelihoods in the long term. We at the Jewish Labor Committee strongly urge you to stand with them by including protective language in your events contracts and honoring their boycotts. Again, sample text is attached, below, for your convenience.
If you have any questions, please do not hesitate to contact us.
Sincerely,
Rita Freedman, Acting Executive Director
Arieh Lebowitz, Associate Director
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* ESCAPE CLAUSE IN CASE OF LABOR DISPUTES
NOTIFICATION OF LABOR DISPUTE
The Hotel agrees to notify the [NAME OF ORGANIZATION / CONGREGATION] in writing within ten (10) days after it becomes aware of any labor dispute involving the Hotel including, but not limited to, union picketing, the filing of an Unfair Labor Practice charge by a union, the expiration of a negotiated labor contract, an existing or impending strike or lockout, or any other matter which could reasonably be construed as a labor dispute.
EXCUSED NON-PERFORMANCE DUE TO LABOR DISPUTE
Notwithstanding anything in this Agreement to the contrary, if performance hereunder would foreseeably involve the [NAME] in or subject it to the effects of a boycott, strike, lockout, picketing, or other labor dispute and the [NAME] therefore withholds, delays, or cancels performance, it shall have no liability there from, provided that the [NAME] may not withhold, delay, or cancel performance based upon a labor dispute involving its own employees. In the event of a cancellation under this section, neither the [NAME] nor its members shall have any future obligation under this Agreement, and any deposits or other payments made to the Hotel by the [NAME] or its members to reserve rooms or other space for use, and/or for services to be provided, shall promptly be refunded to the [NAME] or its members.
For purposes of this clause, labor dispute shall be defined as any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in relation of employer and employee.
This clause shall supersede all other provisions of this Agreement and shall be construed and enforced in accordance with the laws of [THE STATE / COMMONWEALTH / DISTRICT WHERE YOU ARE LOCATED].