Union officials upset at DOJ’s findings
The U.S. Department of Justice has ruled that discrimination claims against Loews Santa Monica Beach Hotel workers are unfounded.
The agency released the findings of a year-old investigation of claims by hotel workers Celia Talavera and Rosa Osorto that they were singled out for illegal immigration-related practices because they are sympathetic to a unionization effort at the hotel.
The Hotel Employees & Restaurant Employees Union filed the charges on behalf of the workers with the National Labor Relations Bureau last July alleging the hotel was unfairly singling out its supporters by asking for their immigration documents. The NLRB forwarded those claims this past March to the Department of Justice.
“Based on its investigation, this office has determined that there is insufficient evidence of reasonable cause to believe the injured parties were discriminated against,” wrote Anthony F. Archeval, a Washington D.C.-based trial attorney who works for the Department of Justice.
“Therefore, this office has decided not to file a complaint with an administrative law judge regarding this manner.”
The Department of Justice wrote in its letter that the union is allowed to file charges on its own directly to an administrative law judge as long as those charges are filed within 90 days of receiving the letter.
Union officials would not say if they would press further charges.
Loews hotel officials say they always believed that the Department of Justice would find no basis for the claims.
3CD,“We would never violate the rights of any of our team members, that’s not the type of company we are,” said Sara Harper, a Loews spokeswoman. “We knew there was no merit to the case, and obviously we are glad the DOJ looked into this and found no merit as well.”
Union officials are upset at the Department of Justice’s findings and vow to continue with their efforts to help the hotels’ workers unionize.
“That hotel is a law breaker and a disgrace to the community,” said Kurt Petersen, the union’s organizing director. “Just as when they lied to people about the living wage, they are lying now.
“Everyone who has looked at this company — from community leaders to clergy to the Department of Justice — have found them to be law breakers, and no PR stunt will change that.”
Loews was fined $12,000 in March by the Department of Justice for illegally checking immigration documents of its workers, despite that the hotel was cleared of singling out Talavera and Osorto.
While hotel officials said it is common practice to check immigration documents that have an expiration date, they were unaware of laws against checking a valid unrestricted social security card, which is what the hotel was fined for. Since then, the entire Loews nationwide chain has had to undergo re-training in its human resources department when it comes to checking immigration documents.
The Hotel Employees and Restaurant Employees Union Local 814 recently filed charges with the National Labor Relations Bureau accusing management at the Doubletree Guest Suites Hotel, 1707 4th St., of threatening, interrogating and discriminating against employees for trying to organize workers into a union at the facility.
The union has previously filed charges with the NLRB against The Fairmont Miramar Hotel, 101 Wilshire Blvd., as well as the Doubletree and Loews, located at 1700 Ocean Ave.
The union has launched a public campaign to organize the hotel workers at Loews and at The Doubletree Guest Suites. Currently, the Pacific Shore Hotel, 1819 Ocean Ave., and The Miramar are the only hotels in Santa Monica with a unionized workforce.
Union officials said they would like to organize all the large hotels in Santa Monica, but they would only confirm active efforts at Loews and at the Doubletree.
Originally published in the Santa Monica Daily Press print edition on June 19, 2002. Read the original PDF.