In a victory for divers at Orlando’s Discovery Cove who voted to unionize last year, The National Labor Relations Board has ruled that SeaWorld has violated federal labor law by failing to recognize the divers’ union.
The board ruled last week that SeaWorld of Florida — doing business as Discovery Cove — unlawfully refused to recognize workers’ vote to unionize and refused to provide workers with information needed to begin bargaining a contract.
SeaWorld is now being ordered to recognize the union, begin bargaining talks and display a notice in conspicuous employee areas, such as break rooms, that explicitly states the company violated federal labor law.
Maintenance divers at Discovery Cove, the Orlando park owned by the same company as SeaWorld, voted unanimously to unionize with the International Union of Operating Engineers Local 30 last May. Workers aimed to address concerns about low wages and to have a voice on the job.
Maintenance divers oversee the underwater cleaning and maintenance of Discovery Cove’s animal habitats and exhibits, for the safety of both animals and guests who visit the resort’s pools, rivers, lagoons, and man-made beaches.
“They’re not looking to ask for unrealistic advances in wages,” union representative Mike Smith told Orlando Weekly earlier this year. “You know, they’re basically just looking to get the proper compensation for the job that they’re doing, day in and day out — and mostly night in, night out, because they do work the overnight [shift].”
According to the NLRB, SeaWorld has refused to recognize the fact that the divers unionized or began bargaining a union contract, in violation of the National Labor Relations Act.
Under the act, private employers have a legal duty to bargain “in good faith” with a union that has been certified by the federal labor board as the workers’ bargaining representative. Only about 6 percent of Florida’s workforce has union representation.
Still, even in states with higher union membership rates, it’s not uncommon for employers that oppose their workers’ unionization efforts, like SeaWorld, to play hard-ball in response and dig their heels in.
“Currently, it is a common tactic for employers to slow-walk the bargaining process because there are no penalties for doing so, and delay frustrates workers and undermines their union,” the Economic Policy Institute explains.
The labor board, in last week’s ruling, also ordered SeaWorld to distribute and post a notice to employees onsite at Discovery Cove — a shame-on-me notice, of sorts, shared in full at the bottom of this article — that explicitly states that SeaWorld violated federal labor law. The notice also clearly spells out the employees’ legal right to join, form, or assist a union under the NLRA. The notices must be posted onsite at “conspicuous places” for at least 60 days.
“The National Labor Relations Board concluded what we have always known to be true,” the union’s business manager and international vice president William Lynn told Orlando Weekly, in response to the ruling. “Discovery Cove/SeaWorld has violated these workers’ legal and fundamental democratic rights.”
The union had filed an unfair labor practice complaint with the NLRB last June, alleging that SeaWorld was unlawfully refusing to bargain with them. This latest NLRB ruling comes in response to those allegations as well as evidence collected from SeaWorld – or, in this case, a lack of — to explain the theme park operator’s refusal to bargain.
“These workers deserve to have their voices heard and respected,” Lynn argued. “We won’t walk away from this fight.”
Discovery Cove is an “all-inclusive day resort” owned by United Parks & Resorts, a global theme park and entertainment company that also owns and operates Aquatica, Busch Gardens, SeaWorld, Adventure Island, and Sesame Place.
SeaWorld has been accused by a separate union representing security guards at SeaWorld Orlando of refusing to recognize their union or bargain a union contract with them, too. There are also pending complaints filed by the IUOE against Discovery Cove over allegedly firing or otherwise disciplining several divers at Discovery Cove in retaliation for their organizing activity.
“These workers deserve better,” Smith previously told Orlando Weekly.One of the disciplined divers reached out to us to share his concerns about the issue earlier this year.
Subscribe to Orlando Weekly newsletters.
Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Bluesky | Or sign up for our RSS Feed
