OVILU wins in Carambola dispute
Published: January 30, 2012
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ST. CROIX - The U.S. 3rd Circuit Court of Appeals recently ruled in favor of a local union that had attempted to unionize non-managerial staff at the Carambola Beach Resort.
The resort, which resisted the union efforts, now must negotiate a union contract with the employees, according to the order issued by District Judge Lawrence Stengel.
Carambola did not respond to calls seeking comment last week.
According to court documents, Carambola - now Renaissance St. Croix Carambola Beach Resort and Spa - felt the election held in October 2007 to vote on whether to unionize had involved coercion and threats and refused to accept the resulting vote in favor of unionizing under Our Virgin Islands Labor Union, or OVILU.
Carambola then ignored multiple requests from OVILU to negotiate and orders to do so from the National Labor Relations Board.
"The company's persistence in refusing to meet and bargain with the union demonstrates its consistent unwillingness to accept its obligation to meet and bargain in good faith with the union employees' representatives," read the ruling.
OVILU President Ricky Brown said he planned to send another request to Carambola to sit down and negotiate a contract.
"The company has continually refused to recognize the union. That's why the matter took so long," he said. "The company used the appellate process to delay."
The opportunity to unionize will provide job security and a predictable financial future, according to Brown.
"Without a contract, the employer could decide whether they're going to give an increase," he said. "Clearly for working people, one of the biggest advantages is being able to look forward to an increase."
About 60 employees initially voted in favor of joining the union in October 2007, according to Brown. Because of a large amount of turnover since then, however, Brown said he does not have a current listing of personnel who would fall under the union's representation.
OVILU had submitted a petition to represent the employees with the National Labor Relations Board and the board conducted the election.
Carambola objected to the results of the 2007 vote to unionize, claiming OVILU "had pro-union supervisors campaign on behalf of the union" and "threaten or coerce employees," according to the ruling. The National Labor Relations Board heard Carambola's complaint but ruled in favor of OVILU and upheld the vote.
Carambola refused to negotiate and acknowledge the results of the vote, citing that the board had ruled with just two members when the law required three. The board then ruled with three members, but Carambola still refused, according to court documents.
"We hope that the company will, after all this time, respond positively and set dates," Brown said. "We're prepared to sit down at the table as soon as they respond."
- Contact Daniel Shea at 714-9127 or email dshea@dailynews.vi.
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