MIAMI—Though there’s been plenty of coverage on the Employee Free Choice Act in recent months, there are a number of other legislative measures passing through Congress that will also impact the hotel industry, according to Marlene Colucci, executive VP for public policy at the American Hotel & Lodging Association.
She gave a brief overview of the following measures and answered questions during a presentation at the inaugural Hotel Investment, Development & Management Conference in Miami on Friday.
Economic rescue plan. Colucci said the rescue plan was a necessity in chaotic times, one which the AH&LA supported. “The government really had to move in and protect the markets to make sure there was enough credit available,” she said, adding that it’s going to take some time to take effect. In the meantime, “We are keeping a very close eye on it.”
Travel Promotion Act. After 9/11, the U.S. saw sharp declines in international tourism. “There was lack of understanding about what’s going on in security,” Colucci said. Since then, the AH&LA has supported a lot of regulatory changes to make it easier for travelers to navigate security in U.S. airports.
“We have to protect our airports, but we can’t stop the flow of tourism,” she said.
The Travel Promotion Act does just that, creating a public/private partnership that educates international visitors about U.S. security policies.
Though currently stalled as the Senate is now in recess, Colucci is confident the Act will pass next year. “(With support from the majority,) we’re much in place for next year when we hope we can push this through.”
American with Disabilities Act. The Department of Justice recently came out with new regulations that govern the ADA. While the revisions bring about welcomed updates, many will have an adverse effect on the hotel industry.
“We looked at the cost impact it would have on the hotel industry, and it was astounding,” Colucci said. “You want o be able to give access to disabled people, but you also want to make sure that the cost is proportional.”
Other than the cost of compliance, Colucci pointed to a number of other problems associated with the revisions. New requirements for the size of bathrooms will force many owners to retrofit their entire property. The same can occur as the ADA revisions call for a greater dispersion of accessible guestrooms. “If you have to disperse those rooms throughout your hotel, that’s going to be a great expense.”
Colucci said the AH&LA has filed complaints and is waiting to see what changes in the new regulations are made.
H-2B Visas. The measure in question grants a fixed number of seasonal, temporary visas for foreign-born workers—a necessity for properties that attract a high-percentage of annual business during set, peak seasons. Colucci said the current cap of 66,000 visas per year is far too low, leaving many employers scrambling to staff their properties.
The AH&LA is pushing to increase the cap while adopting other reforms, despite opposition from associations and organized labor, who fear H-2B takes jobs from U.S. workers. Colucci thinks differently: “If you can find an American worker, than you’ll find an America worker. Why would you go through the expense of bringing someone into the country (if you could employ a worker from the U.S.)?”
To aid their cause, the AH&LA has established a workforce coalition online to educate and promote action on the issue. The group has also begun serving as a clearinghouse to help hoteliers secure seasonal workers during the offseason of other seasonal employers.
Employee Free Choice Act. “This is very interesting piece of legislation. In my career, I rarely find something that I’ve found so outrageous.”
Whether or not every hotelier feels as strongly about the issue as Colucci, there’s no doubt that the Employee Free Choice Act will have a huge impact on the labor landscape within the industry.
The issue would eliminate private-ballot elections and make it much easier for a workforce of any size to form a union. The measure would also call for government arbitration if the employer and union representative cannot establish terms within 120 days of union recognition. “(In that case,) a government entity basically tells you how to run your business,” Colucci said.
To combat the issue, the AH&LA co-founded the Coalition for a Democratic Workplace. The coalition has launched several ad campaigns to raise awareness in key senatorial races, according to Colucci. The AH&LA is also educating employers and employees about the issue and will hold a legislative action committee next March.
If the Act is passed, Colucci vowed to continue fighting. She also expressed confidence that they would be able to form a more favorable compromise with members of Congress.
“A lot of members of Congress said, ‘Well, I think we can find a compromise,’” she said. “We think they’re going to come up with some compromise language.”
(View an AH&LA video describing the Employee Free Choice Act, its implications and ways you and your staff can fight this proposal.)