Case 1:10-cv-00014-JMS-LEK Document 55

Filed 03/29/10 Page 1 of 4

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF HAWAIIJOSEPH P. NORELLI, Regional
Director of Region 20 of the National
Labor Relations Board, for and on
behalf of the NATIONAL LABORRELATIONS BOARD,) CIVIL NO. 10-00014 JMS/LEK)) INJUNCTIVE RELIEF PURSUANT TO) 29 U.S.C. § 160(j)))
Petitioner,)
)
vs.
)
)
HTH CORPORATION, PACIFIC)
BEACH CORPORATION and KOA )MANAGEMENT, LLC, A Single)
Employer, d/b/a PACIFIC BEACH)HOTEL,))Respondents.
)_______________________________ )INJUNCTIVE RELIEF PURSUANT TO 29 U.S.C. § 160(j)In its Order: (1) Denying Respondents’ Motion to Dismiss for Lack of
Subject Matter Jurisdiction; and (2) Granting the Petition for Injunction underSection 10(j) of the National Labor Relations Act, the court explained thatinjunctive relief is warranted against Respondents HTH Corporation, Pacific Beach
Corporation and Koa Management, LLC, a Single Employer, d/b/a Pacific Beach
Hotel (“Order Explaining Injunctive Relief”). Accordingly, pending final

Case 1:10-cv-00014-JMS-LEK Document 55

Filed 03/29/10 Page 2 of 4

disposition of the matters pending before the National Labor Relations Board, thecourt ORDERS that:
1.

2.

Respondents HTH Corp., Pacific Beach Corp., and Koa Management,
LLC d/b/a/ the Pacific Beach Hotel cease and desist from:(a)withdrawing recognition from the International Longshore andWarehouse Union, Local 142, AFL-CIO (the “Union”) as the
exclusive bargaining representative of the bargaining unit
employees;(b)refusing to recognize or bargain in good faith with the Union
with respect to rates of pay, hours of employment and otherterms and conditions of employment for its bargaining unit
employees;(c)discharging employees in order to discourage Union activities
and membership;(d)

unilaterally changing the terms and conditions of employmentof bargaining unit employees without first giving notice to, andbargaining with, the Union; and(e)in any other manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them bySection 7 of the National Labor Relations Act.

Respondents HTH Corp., Pacific Beach Corp., and Koa Management,
LLC d/b/a/ the Pacific Beach Hotel take the following affirmative
steps:(a)upon request, recognize and bargain in good faith with theUnion with respect to rates of pay, hours of work and otherterms and conditions of employment covering bargaining unit
employees;

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Filed 03/29/10 Page 3 of 4(b)resume contract negotiations and honor all tentative agreements
entered into from the point Respondents and the Union, andPBHM and the Union, left off negotiations on November 30,2007, and if an understanding is reached, embody such
understanding in a signed agreement; provided, however, thatthe parties may in good faith reopen negotiations on any
tentative agreement that has been validly affected by a change
in economic or other circumstances;(c)by April 5, 2010, offer, in writing, immediate interim
reinstatement to Ruben Bumanglag, Darryl Miyashiro, Virginia
Recaido, Virbina Revamonte, and Rhandy Villanueva to theirformer job positions, or if those positions no longer exist, tosubstantially equivalent positions without prejudice to theirseniority or any rights and privileges previously enjoyed,
displacing, if necessary, any workers hired or reassigned toreplace them;(d)immediately rescind, at the Union’s request, any or all of theunilateral changes to bargaining unit employees’ terms andconditions of employment as they existed prior to December 1,2007;(e)post copies of this Order and the Order Explaining Injunctive
Relief at the Pacific Beach Hotel in all places where notices toemployees are normally posted; maintain these postings during
the National Labor Relations Board’s administrative proceeding
free from all obstructions and defacements; grant all employees
free and unrestricted access to said postings; and grant to agentsof the National Labor Relations Board reasonable access to thePacific Beach Hotel to monitor compliance with this posting
requirement; and///
///
///

3

Case 1:10-cv-00014-JMS-LEK Document 55(f)

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by April 8, 2010, convene the bargaining unit employees during
working time at the Employer’s facility, by shifts, whereupon aresponsible management official, in the presence of a National
Labor Relations Board Agent, will read to employees thisOrder.

IT IS SO ORDERED.
DATED: Honolulu, Hawaii, March 29, 2010.

/s/ J. Michael Seabright
J. Michael Seabright
United States District Judge

Norelli v. HTH Corp. et al., Civ. No. 10-00014 JMS/LEK, Injunctive Relief Pursuant to 29
U.S.C. § 160(j)4