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League of Women Voters of California Education Fund
Annual Permitting Requirements For Large Hotels
City of Emeryville
Ordinance - Majority Approval Required
Pass: 1,245 / 54.2% Yes votes ...... 1,051 / 45.8% No votes
Index of all Measures
|Results as of Jan 28 2:39pm, 100.0% of Precincts Reporting (5/5)|
|Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text|
Shall an ordinance establishing annual permitting requirements for large hotels within the City of Emeryville conditioned upon compliance with special employment regulations regarding payment of specified wages and health benefits to employees, worker retention and reinstatement rights, overtime rules, and employer paid leave for jury duty be adopted?
A"Yes" vote by a majority voting on Measure C means that the annual permitting of hotels, subject to certain labor conditions, would become effective. It is likely that legal challenge will be filed against Measure C if it passes due to vagueness, over-breadth, and preemption among other grounds. A "No" vote by a majority voting on Measure C means that hotels will continue to operate within the City of Emeryville subject to the same laws, ordinances and regulations as before.
s/MICHAEL G. BIDDLE
News and Analysis|
|Arguments For Measure C||Arguments Against Measure C|
|These Emeryville hotel housekeepers are not allowed to sign this Argument in Favor of Measure C, because they work here but can't afford to live here.
Vote No on C.
Measure C isn't about fair wages. Every hotel in Emeryville already meets or exceeds the wage standards required by this measure!
Measure C is about outside interests trying to tell Emeryville how to run our city!
Measure C will decrease tax revenue for our city and school district by slowing Emeryville's economy.
Measure C would decrease funding for these important programs.
This measure was written and sponsored by outside interests that want to tell us how to do business. Interests in Oakland and Berkeley are scared by the fact that Emeryville is thriving at their expense. They wrote Measure C to slow Emeryville's success.
The Emeryville Chamber of Commerce, members of the Emeryville City Council, members of the Emery Unified School Board and many other community leaders oppose Measure C.
Our city and school district rely on a vibrant local economy to generate tax revenue that funds important programs and services.
Don't let outside interests harm funding for our schools, our police and our fire services.
Measure C is bad for Emeryville. Vote No on Measure C.
s/JASON D. CROUCH
|Before you vote on Measure C take a close look. It isn't what it seems!
The hotel employees union put Measure C on the ballot because they are concerned that Emeryville hotels are taking too much business away from hotels in Oakland, San Leandro, Berkeley and elsewhere.
They want you to believe that Measure C is about fair wages for hotel employees. The truth is, Measure C is about making Emeryville less competitive to help hotels in other cities. Every hotel in Emeryville already meets the fair wage standards required by Measure C!
Don't let outside interests dictate how we do business in Emeryville. Vote NO on Measure C.
Here's the simple truth about Measure C.
s/GARY L. CAFFEY
Community Leader and Emeryville Resident
President, Emery Unified School District Board of Trustees; Board Member, Emery Ed Fund and Emeryville Resident
s/NELLIE M. HANNON
Executive Director, Emeryville Community Action Program and Emeryville Resident
s/ELIZABETH C. ALTIERI
Board Member, Emeryville Chamber of Commerce and Emeryville Resident
Emeryville Housing Committee, Member and Emeryville Resident
"Each hotel employee must receive minimum compensation at the rate of $9.00 per hour. Compensation includes . . . health benefits."
"Measure C (applies to) hotels with more than fifty guest rooms . . . and does not apply to any other businesses operating within the City of Emeryville."
"Upon the sale of a hotel . . . hotel employees must be retained for ninety days unless there is reasonable and substantiated cause . . ."
"Hotel employees are entitled to paid leave for jury duty."
"Finally, the Measure provides for enforcement of the measure by the City and private parties. A prevailing party (including the hotel or the employee) would be entitled to recover costs and attorneys fees . . ."
|Full Text of Measure C|
|The People of the City of Emeryville do ordain as follows:
The Municipal Code of the City of Emeryville is hereby amended to add the following Chapter:
WORKPLACE JUSTICE STANDARDS AT LARGE HOTELS
I. MINIMUM REQUIREMENTS
No corporation, entity or person may operate a Large Hotel (as defined below) without annually obtaining a permit from the City, which shall be granted upon a showing that the following conditions will be followed:
A. MINIMUM WAGES
Large Hotels shall ensure that Employees receive compensation of at least the following:
1. Minimum Compensation
The minimum compensation for each Employee shall be at least nine dollars per hour.
2. Minimum Average Compensation
The average compensation of all Employees in the Hotel during a calendar year shall be at least eleven dollars per hour.
3. Credit for Health Benefits
"Compensation" shall be defined herein as wages (or salary) and health benefits. If employer contributions for health benefits are not paid on an hourly basis but the Hotel nonetheless wishes a credit for such payments, the Hotel shall present data to the City concerning hours worked and health contributions made, and the City Manager or his designee shall estimate the value of such benefits on an hourly basis.
4. Inflation Adjustments
The above rates shall be upwardly adjusted annually, no later than March 1, in proportion to the increase during the preceding calendar year in the region's Consumer Price Index published by the U.S. Bureau of Labor Statistics. No later than February 1st each year the City shall distribute a notice reporting the amount of such increase to any person who has filed with the City a request for such notice.
B. PROTECTION OF EMPLOYEES FROM UNJUST DISCHARGES WHEN A NEW EMPLOYER TAKES OVER
1. If there is a sale of the Hotel or other change resulting in a new person or entity taking over as an employer at the Hotel (such as subcontracting, subleasing, or replacement of subcontractor, lessee or sublessee), then the new employer shall retain all Employees of the prior employer for at least 90 calendar days unless there is reasonable and substantiated cause not to hire or to discharge such employee based on that employee's performance or conduct. The fact that an Employee previously enjoyed certain wages, benefits or working conditions does not provide cause for not employing him or her.
2. In the event of layoff during the first 90 days of the new employer's operation, the laid-off Employee shall be entitled to reinstatement should any position open up at the Hotel within the following 24 months which the Employee can perform. Upon reinstatement, such Employee must be given a trial period of at least 90 days during which he or she can only be discharged for cause as defined above.
3. Afinding of cause for an employee's discharge made in a grievance procedure established by collective bargaining agreement shall be binding under section 1 above, and the term "cause" above shall be construed in accordance with judicial and arbitral precedent defining "just cause" for discharge.
4. The right to retention herein does not include the right to retain supervisory or management responsibilities.
C. WORKLOAD STANDARDS FOR ROOM CLEANERS
Employees working as room cleaners shall be paid at least time-and-a-half the minimum average compensation set forth above for all time worked in a day if required to clean rooms amounting to more than 5,000 square feet of floorspace in an eight-hour workday. For any room cleaner working less than eight full hours per day, this maximum floor space shall be prorated evenly according to the actual number of hours worked. When a room cleaner is assigned in an eight-hour workday to clean any combination of seven or more checkout rooms or rooms with additional beds such as cots or rollaways, this maximum floorspace shall be reduced by 500 square feet for each such checkout or additional bedroom over six.
D. PAID LEAVE FOR JURY DUTY
Each Large Hotel shall ensure that Employees are provided with paid leave for jury duty. The pay during such leave shall be at least the Employee's regular rate of pay as defined by the Fair Labor Standards Act.
E. COMPLIANCE WITH ENFORCEMENT PROVISIONS
Hotel compliance with the enforcement provisions set forth below shall also be a condition for a permit.
II. ANY CITY COSTS TO BE COVERED BY PERMIT FEES