Decertification filed at Dosha Salon
Owners of Dosha Salon Spa may
think they’re within reach of crushing
employees’ dreams of a union contract.
Workers who do hair, nails, makeup
and massages at the Aveda-licensed
chain voted in March 2011 to join
Communications Workers of America
(CWA) Local 7901, unhappy with
wages as low as the legal minimum —
and verbal abuse and frequent rule
changes from management. But “bar-
gaining” with the company’s hired la-
bor relations consultant has proved an
exercise in frustration for union ac-
tivists. No contract has been achieved
in over a year of meetings, and now a
vote has been set for Aug. 21-22 on
whether to dump the union.
The union had 54 percent support
when it won the March 2011 election,
..ATU battle continues
(From Page 1)
Historically, after a contract expired,
TriMet would give cost-of-living raises
and continue the same health insurance
benefits — to speed resolution of a new
contract while the parties continued to
negotiate. TriMet did that this time too,
for the first year. But about a year after
the December 2009 contract expiration,
it halted further raises and implemented
the reduced Regence benefits. And in-
deed, TriMet could legally have done
those two things, Greenwald said in the
July 18 ruling. But Greenwald found
that in this case, TriMet did those things
in retaliation for the union having filed
unfair labor practice charges with ERB
in 2011 — after TriMet submitted a dif-
ferent “final offer” to the arbitrator than
it had presented to the union in actual
bargaining sessions. ATU argued that
was illegal, and ERB agreed; TriMet
had to resubmit its offer.
Having ruled that TriMet was acting
in a retaliatory manner when it canceled
the raises and implemented the reduced
benefits, Greenwald ordered the rever-
sal of those measures as a remedy:
TriMet must pay retroactive cost-of-liv-
ing raises totaling about $6 million, or
about $3,000 per employee, depending
on wages and hours worked.
Greenwald also ordered that the old
benefit structure be maintained up
through the arbitrator’s order. Thus, un-
der her order, any workers who paid
premiums will have those refunded, and
any who paid the deductible and 10 per-
cent insurance will have that refunded.
ATU Local 757 President Bruce
Hansen called the judge’s decision a
vindication.
“This decision may result in a com-
plete gutting of the recent interest arbi-
tration decision because the arbitrator
awarded the very proposal that was
ruled illegal today.”
No doubt union and employer will
be sorting out the two verdicts for
months to come.
TriMet expects to pay the cost-of-
living raises on or before Aug. 24.
but anti-union workers claim to have
signatures from 60 percent of workers
on the April 2012 petition to decertify.
Local 7901 President Madelyn Elder
doubts that claim, and says anti-union
petitioners gathered signatures from the
Clackamas location, which won’t get
to vote: Dosha insisted that they are not
part of the bargaining unit, and eventu-
ally prevailed. But at least 30 percent
of the represented workers must have
signed the petition, or the National La-
bor Relations Board would not have
moved forward with a vote.
Since the union campaign began at
Dosha, CWA has filed charges on 13
separate occasions alleging that Dosha
violated federal labor law. After inves-
tigations by the National Labor Rela-
tions Board, most of the charges were
resolved in a March 2012 out-of-court
settlement. In the settlement, Dosha
paid $6,946 to massage therapist Mary
Christ, who’d been fired after she wore
union colors. Dosha also took down
surveillance cameras it had placed in an
employee break room and posted a no-
tice promising not to do any of the 30
things it was alleged to have done in vi-
olation of the National Labor Relations
Act. All but one of the other charges
have been dismissed or withdrawn.
A year’s worth of bargaining has
produced agreement on some items,
just not wages, scheduling, hours,
union security provisions, or a griev-
ance procedure with a provision for
binding arbitration. And core union
supporters have quit or been fired since
the election.
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PAGE 10
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