Constitutionality of Chicago Airport Security Rules Called Into Question Following Overreach by Department of Aviation

UNITE HERE Local 1 Member Files Challenge to Citation by CDA & CPD

For Release January 19, 2018
Media Contact: Noah Carson-Nelson
312-933-4045 – ncarsonnelson@unitehere1.org

CHICAGO, IL – On Thursday, January 18, UNITE HERE Local 1 member Justice Castillo, by attorneys Tom Durkin and Robin Waters of Durkin & Roberts, filed a motion to challenge a citation issued by the Chicago Department of Aviation and the constitutionality of Chicago Municipal Code airport employee badging regulations.

Information on the challenge filing was brought to light today at an administrative hearing regarding a citation under the ordinance in question. Justice Castillo, a 22 year old Starbucks barista at HMSHost O’Hare Airport, was cited on December 21 for not properly supervising UNITE HERE Local 1 union organizers in a secure area of the airport as they cued workers for an upcoming strike; Justice is one of three HMSHost employees assigned to escort union organizers while they talk with union members inside O’Hare terminals. Police stopped Justice, took her security badge, and escorted Justice and the union organizers she was accompanying out of the airport. Justice’s security badge has been returned, but the citation could result in a fine.

A motion has been filed to challenge Justice’s citation and the constitutionality of the Chicago Municipal Code. As the citation was made at a key moment in an ongoing labor dispute, the motion contends that the issuance of the citation was a violation of Justice’s First Amendment rights; and that the citation also violated Justice’s rights under the National Labor Relations Act. The challenge to the Chicago Municipal Code asserts that §10-36-353(B) of the Code is overly vague in its description how employees who escort non-badged persons in the airport must “direct and control” those they are escorting at all times.

“This young woman was caught in the crossfire when she was cited for violation of an ordinance that we believe is fundamentally flawed. UNITE HERE will not be accepting any form of punishment for Justice.” Said Karen Kent, UNITE HERE Local 1 President. “We intend to challenge the constitutionality of this ordinance which we believe infringes upon Justice’s First Amendment rights to speech, assembly, and association.”

While HMSHost workers were on strike on December 21, CDA Commissioner Ginger Evans crossed the union picket line and tweeted a photo from inside O’Hare airport terminal restaurants and implied there was not a strike.

***** VISUAL: UNITE HERE Local 1 members waited outside Castillo’s January 18 CDA Administrative Hearing, wearing emerald green aprons which read “Justice at the Airport” and are screen printed with a picture of Justice Castillo.

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UNITE HERE Local 1 represents approximately 3,700 food service workers at Chicago’s O’Hare and Midway International Airports, including more than 1200 servers, bartenders, Starbucks baristas, and other restaurant workers employed by HMSHost. HMSHost does not currently have a contract with UNITE HERE Local 1.

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National Labor Relations Board charges Hyatt Regency Chicago over video surveillance practices

Chicago’s largest hotel refuses to disclose information on its technologies used to track workers and guests

CHICAGO, IL – The National Labor Relations Board filed a complaint against the Hyatt Regency Chicago this week for refusing to disclose information on its surveillance system. Hotel union UNITE HERE Local 1 requested this information in 2017 to determine whether hotel managers have used facial recognition or other tracking technologies to monitor hotel employees.

The NLRB charged that the Hyatt Regency Chicago has refused to disclose whether it has used facial recognition software in the past, and has refused to detail how it locates or tracks specific workers in the hotel. The hotel is required to respond to the complaint by January 26.

“We are very concerned that the Hyatt Regency Chicago has refused to say how it surveils and tracks hotel employees or guests,” said UNITE HERE Local 1 President Karen Kent. “Hyatt’s silence on this matter sets a dangerous precedent for other hotels in the city.”

Illinois state law bans the use biometric data, including a record of face geometry, without the subject’s consent. The Wall Street Journal reported on Wednesday that more than 50 lawsuits concerning the use of facial recognition software have been filed in Illinois since June 2017, according to K&L Gates LLP. The report did not indicate whether any of these suits is against the Hyatt Regency Chicago.

The 2,019-room Hyatt Regency Chicago is the largest hotel in the city of Chicago and employs roughly 800 members of UNITE HERE Local 1. The hotel is owned by corn product manufacturer Kato Kagaku Co. Ltd.

Press contact:
Elliott Mallen, UNITE HERE
emallen@unitehere.org
(312) 656-5807

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UNITE HERE Local 1 represents over 15,000 hospitality and food service workers in the City of Chicago and surrounding area.

(Press)Trabajadores de restaurantes en O’Hare hacen huelga para protestar

via Hoy: Los trabajadores de los restaurantes, bares y cafeterías del Aeropuerto Internacional O’Hare abandonaron el trabajo al mediodía el jueves, uno de los días de viaje más concurridos del año, para presionar por salarios más altos y cuidado de salud asequible. Los restaurantes del aeropuerto continuaron operando durante la huelga…

(Press) Restaurant Workers Strike At Chicago’s O’Hare Airport

via NPR: Employees at Chicago’s O’Hare International Airport’s restaurants, bars and coffee shops went on strike at noon Thursday. HMSHost tells the Chicago Sun-Times that the restaurants are open and “operating smoothly.” “Don’t get caught HANGRY!” warn the handbills the union has been passing out at airports across the country. “[M]ake sure you’re not impacted, pack a snack!”…

BREAKING: O’Hare Airport Bartenders, Cooks, other Restaurant Workers Strike

ohareCHICAGO, IL— O’Hare Airport restaurant workers employed by HMSHost International are on strike. Workers at some food service outlets walked off the job in an effort to gain affordable, quality healthcare as a part of a new union contract.

Striking workers, who are Starbucks baristas, servers, cooks, and other restaurant workers, are picketing HMSHost outside airport terminals.

The last negotiating session between HMSHost and UNITE HERE Local 1 was December 14, after which the union and company remained far apart on key issues.

A survey by UNITE HERE of 375 HMSHost workers at O’Hare found:

  • 42% of HMSHost workers surveyed say they do not enroll in insurance plans HMSHost offers because they cannot afford it.
  • 1 in 3 HMSHost workers surveyed report that they, their spouse, or a child rely on a government program for healthcare coverage
  • 1 in 4 HMSHost workers surveyed said that in the past year, a family member had not received doctor’s care, prescription medications, or other medical treatment because the family needed the money to buy food, clothing, or pay for housing

More results from this survey and HMSHost workers’ reasons for needing quality, affordable healthcare can be found at www.unitehere1.org/WeDeserveBetter.

“My coworkers and I need a contract that protects our health, our jobs, and our families. We are going to keep up the pressure on HMSHost until we get it,” said Boddrick Barnes, a cook at HMSHost and union negotiating committee member.

Contact: Noah Carson-Nelson
312-933-4045 – ncarsonnelson@unitehere1.org

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UNITE HERE Local 1 represents about 3,700 food service workers at Chicago’s O’Hare and Midway International Airports.

(Press) O’Hare restaurant workers warn holiday travelers of possible strike

via Sun Times: Restaurant and concessions workers at O’Hare Airport are warning holiday travelers that their trips could be affected by a possible strike for more affordable health insurance and higher wages…

(Press) O’Hare restaurant workers vote to authorize strike

via Chicago Sun Times: Restaurant and concessions workers at O’Hare Airport voted on Thursday to authorize a strike for more affordable health insurance and higher wages….