Court finds that California’s Terranea Resort retaliated against a worker fired in 2018 due to union advocacy
On February 3rd, 2020 a charge was filed with the NLRB alleging retaliation through the termination of an employee at Terranea Resort. The NLRB concluded that the employee’s termination was retaliatory due to his union activities. The D.C. Circuit Court of Appeals upheld the NLRB’s ruling on May 14th, 2021 that Terranea Resort discharged Freddy Lovato in retaliation for union advocacy. Sous Chef Freddy Lovato was fired from his position at Terranea Resort in August 2018 in response to his involvement with and advocacy for Unite Here Local 11’s campaign to organize workers at the resort. Terranea management held mandatory anti-union meetings, during one of which, the Resort’s president warned workers that unionization would happen “over my dead body.” The resort denies that Lovato was discharged due to his union affiliation and asserts that it was due to his failure to follow the resort’s food safety program following a few incidents they claim put their quality reputation on the line. Terranea Resort has been ordered to reinstate Lovato with pay backdated to 2018 and issue a notice of labor rights compliance to employees. The workers at the resort have yet to successfully unionize but Unite Here 11’s co-president believes this court ruling to be a victory for all employees at Terranea Resort.