Chicago Sun-Times

August 1, 2006

BY FRANCINE KNOWLES Business Reporter

As negotiations proceed on new contracts covering downtown area hotel workers, their union Monday welcomed a court ruling that upholds a law requiring Cook County hotels to give housekeepers two paid 15-minute breaks per day.

But how soon workers will be able to take the breaks remains in question.

The state law, passed last year, was challenged by the Illinois Hotel & Lodging Association, and a temporary stay blocked its implementation.

The association argued the law violates the Illinois and U.S. constitutions, and is preempted by the National Labor Relations Act.

But Judge James Henry of the Cook County Circuit Court wrote in his ruling, "The question the Court must address is whether federal law forbids this kind of interference with collective bargaining. The court does not believe it does."

The law "demonstrates that fairness has not been attainable because hotel room attendants are not able to take breaks or stop for a meal, though such benefits may have been agreed upon at the bargaining table," he ruled.

Workers need and deserve the breaks, said representatives of Unite Here Local 1.

"Housekeepers work hard to make Chicago visitors comfortable," said Henry Tamarin, Local 1 president in a statement. "They also work hard to raise their families. With a chance to take short rests each day, they will be able to do both things even better."

The association filed a motion Friday seeking to have the stay remain in effect while it appeals. Court action on that request is expected Aug. 9.

"We're very unhappy with the judge's decision," said Marc Gordon, president of the association. "We think this law is totally unconstitutional, and it only affects a very small special interest group."

The union is advising workers to take their breaks, and if employers refuse to follow the law, they're advising the workers to file suit, said union spokesman Lars Negstad.

"We think the law is in effect now and ought to be implemented immediately," he said.

The law was passed by the Legislature and signed by Gov. Blagojevich last year. It also requires one 30-minute meal period in each workday that a hotel room attendant works seven hours, and mandates that hotel employers provide a room with adequate seating and tables in a clean and comfortable environment.

Last week Unite Here locals representing 7,000 Chicago hotel workers in the Loop and near O'Hare Airport began negotiations on new contracts. The average hourly wage of housekeepers is $12.10. Building on wage and benefit improvements won in the last contract are priorities, along with workloads and safety, union representatives said. As hotels have added more amenities, including heavier mattresses and linens, workloads have increased, leading to increased injuries, union leaders contend. The contracts expire Aug. 31