RESOLUTION OF EMPLOYEE CONFLICTS IN THE HOSPITALITY SECTOR IN THE UNITED STATES: AN ANALYSIS OF ARBITRATED AND LITIGATED CASES

Abstract

This study explores conflictual issues and conflict resolution in the US hospitality sector, particularly with reference to unionized workers through the arbitration process. Using search terms of "hotel" OR "casino" AND "discipline" from 2006 to 2010 in the BNA Labor and Employment Law Library, cases were retrieved and content analyzed to evaluate variables such as laws under which these cases were resolved and relevant contractual collective bargaining provisions. The labor organizing issues included unfair labor practice, unauthorized use of property for union campaigning, refusal to remove union insignia. Discrimination issues included not getting time off for religious observation and charges of disparate treatment. Poor behavior issues included abusive language, racial slurs towards guests, ignoring customer requests for service, unauthorized rest period, and unauthorized use of property for personal reasons. Pay issues included determination of eligibility and computation of overtime pay, and unequal protection clause with respect to pay under city ordinance. Outcomes in terms of how employees fared include failure to have progressive discipline, suspension, discharge, and reduction of penalty.