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Form #994

Collective Bargaining Agreement

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Collective Bargaining Agreement - Industry Wide - New York City (free to use)

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Collective bargaining agreement—Industry wide—New York City.

WITNESSETH:

WHEREAS, the ASSOCIATION is an organization whose active members are engaged in the hotel business in the City of New York and one of whose objects is to promote fair and harmonious labor relations between hotel keepers and their employees, and

WHEREAS, the parties hereto are now under collective bargaining agreement dated October 20, 1978, and

WHEREAS, the parties hereto, desiring to cooperate to stabilize such labor relations by establishing general standards of wages, hours of service and other conditions of employment, and providing arbitral machinery whereby disputes and grievances between employers and employees may be adjusted without resort to strikes, lockouts or other interferences with the continued and smooth operation of the hotel business, have agreed to extend said agreement until May 31, 1985 on the terms and conditions hereinafter stated:

NOW, THEREFORE, the parties hereto agree as follows:

1. (A)(1) The term HOTEL as used throughout this Agreement shall include hotels, motels and allied facilities.

(2). The term CONCESSIONAIRE as used throughout this Agreement shall include all restaurants, lessees, and contractors operating within HOTELS who employ employees in job classifications covered by this Agreement.

(3). The term EMPLOYER as used throughout this Agreement shall, unless expressly distinguished elsewhere, include all HOTELS, whether or not members of the ASSOCIATION, and all CONCESSIONAIRES operating within HOTELS.

(B). That the UNION represents to the EMPLOYER that it represents a majority of the employees covered by this Agreement in each EMPLOYER'S hotel, motel and concessionaire.

(C). That the UNION represents to the ASSOCIATION that it represents a majority of all the employees covered by this Agreement in the hotels comprising the Active Members of the ASSOCIATION.

(D). That the UNION is duly empowered to enter into this Agreement.

The ASSOCIATION and the EMPLOYER hereby recognize the UNION as the sole collective bargaining agency for the employees covered by this Agreement.

2. The UNION agrees that employees of the EMPLOYER shall work for the EMPLOYER upon the terms and conditions set forth in this Agreement.

EXCLUDED CATEGORIES

3. The EMPLOYER and the UNION agree that all employees of an EMPLOYER'S hotel (including bell captains, floor housekeepers and all white-collar administrative employees included in Schedule A for whom the UNION has been heretofore or shall be hereafter certified as the collective bargaining representative) shall be covered by this Agreement except the following classes of employees which shall be excluded from the provisions of this Agreement: Executives, superintendents, department managers, assistant department managers, supervisors, assistant supervisors with executive status having the right to hire or fire or effectively to recommend hiring or firing, buyers, assistant buyers, and confidential secretaries. Also excluded are house officers, bell captains, floor housekeepers and all white-collar employees included in Schedule A for whom the UNION has not been heretofore

or is not hereafter certified as the collective bargaining representative. In hotels which have heretofore entered into collective bargaining agreements covering any white-collar employees the coverage and exclusion from coverage provided in such agreement shall continue in effect.

UNION MEMBERSHIP

4.

(A). It shall be a condition of employment that all employees of the EMPLOYER covered by this Agreement who are members of the UNION in good standing on the date of this Agreement shall remain members in good standing and those who are not members on the date of this Agreement shall, on the 30th day following the date of this Agreement, become and thereafter remain members in good standing in the UNION. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its date shall, on the 30th day following the beginning of such employment, become and thereafter remain members in good standing. The UNION agrees to permit all employees to become and remain members of the UNION upon payment by them of initiation fees and periodic dues uniformly required as a condition of membership.

(B). Upon notice in writing from the UNION to the effect that an employee is not a member of the UNION in good standing, i.e. he has failed to pay the initiation fees and dues to the UNION required herein, the EMPLOYER shall, within five (5) days discontinue its employment of such employee. The EMPLOYER and the UNION agree the foregoing discharge requirement shall only be applicable to the failure to pay dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union and shall have no applicability to the failure of an employee to pay authorized regular and/or special assessments which may from time to time be levied by the Union in accordance with its Constitution and By-Laws.

(C). In the case of casual employees, the first date of employment shall be the date a casual employee is employed by a signatory to this Agreement and said employee shall, as a condition of employment by any EMPLOYER signatory to this Agreement, on the thirtieth working day following the beginning of such employment, become and thereafter remain a member in good standing in the UNION. Until a casual employee becomes a member of the UNION, there shall be deducted from the wages of each casual employee, who is not a member of the UNION, a service fee of fifty cents (50¢) for each day of work. The amount of service fee is subject to change at the discretion of the UNION upon notice to the EMPLOYER pursuant to paragraph 26 hereof. Said service fee shall be transmitted to the UNION in accordance with paragraph 27 hereof.

NEW EMPLOYEES

5. Except as provided in 9(B)(3) and Schedules B, C, D and E, hereof, the provisions of this Agreement shall not apply to new employees unless they shall continue in the employ of the EMPLOYER for more than thirty (30) days.

HOTEL CLASSIFICATIONS

6.

(A). For the purposes of this Agreement, the hotels in the City of New York have been grouped as follows:

Transient—Semi-Transient—Residential

The EMPLOYER and the UNION agree that the grouping of the EMPLOYER'S hotel is that set forth opposite its name.

MINIMUM WAGE

(B).

(1). Each EMPLOYER shall pay not less than the minimum weekly wages for the total number of hours per week as set forth in the attached schedule.

PART-TIME AND CASUAL EMPLOYEES

(2). Any EMPLOYER who shall change the hours of a part-time worker to a full-time week shall pay to the employee commencing at the time when his or her hours have been so increased not less than the contractual wage rate for his or her classification (minimum wage plus wage increases) at the time of the change as set forth in Schedule A, irrespective of the hourly rate such employee previously received as a part-time employee, anything herein contained to the contrary notwithstanding.

It is understood that where a hotel, for business reasons, requires the temporary reduction in the work week of persons in any of its departments, employees whose work week is so reduced shall not be considered part-time employees during the period of such temporary reduction. It is desirable that, before the temporary reduction in the work week takes place, the Hotel should confer with the UNION. If the UNION claims that a temporary reduction hereunder results in any abuse of the rights of employees, the grievance shall be subject to the grievance and arbitration provisions of Section 15 of this Agreement.

(3). Casual employees and part-time employees shall be paid not less than 1 and ¼ times the hourly wage at which an employee is required to be paid under Section 9(B) for the first twenty (20) hours of work in categories where the regular work week in the industry is 40 hours and for the first seventeen and one-half (171/2) hours of work in categories where the regular work week in the industry is thirty-five (35) hours, and for the remaining hours of work shall be paid not less than the hourly wage rate an employee is required to be paid pursuant to Section 9(B).

EXTRA PAINTERS

(4). An extra painter is one whose employment terminates at any time within eighteen weeks after the trial period. An extra painter shall be paid not less than the rates established by Section 9(B) each week and in addition, when his or her employment is terminated, shall be paid a lump sum equal to $15.00 for each week of his or her employment. An extra painter shall be paid for any of the holidays provided for in Section 16(B) of the Agreement which may occur during his or her period of employment, and shall receive pro-rated vacation pay.

A painter who is employed for a period of more than eighteen weeks after the trial period shall not come within the provisions of the preceding paragraph hereof and shall attain the status of a regular permanent employee.

HOUSING—MEALS

7. In cases where the EMPLOYER furnishes housing accommodations to its employees, it shall be allowed $2.50 per week for such housing accommodations.

In cases where the EMPLOYER furnishes meals to its employees, it shall be allowed $.25 per meal.

In cases where the EMPLOYER furnishes housing accommodations and meals by the week, it shall be allowed $7.75 per week.

In the event any EMPLOYER who has heretofore furnished meals or housing accommodations, or both, as part of compensation, shall desire to discontinue the same, it may do so by substituting cash for meals or lodging, as the case may be, at the scales above set forth, in lieu thereof.

If any EMPLOYER, who has not heretofore furnished meals and housing accommodations, or either, as part of compensation, shall desire to do so, and the EMPLOYER and the UNION cannot agree, the matter shall be submitted to the Impartial Chairman for decision.

WORKING HOURS AND OVERTIME

8.

(A). The working hours per week on which the minimum wage is predicated shall be forty (40) hours within five (5) days of the week for captains, hosts and hostesses and all tip classifications covered by this Agreement, and thirty-five (35) hours in five (5) days of the week for all non-tip classifications covered by this Agreement.

(B). In the event any employee who normally works a full work day is called in to work on any day, he or she shall be offered a full day of work.

(C). The EMPLOYER shall be free to fix the daily working hours in the hotel. The EMPLOYER agrees that it will inform employees of their hours of work at least one week in advance. In the event of a change in schedule of daily working hours, seniority will be observed insofar as compatible with efficiency. Should the UNION claim that changes in the schedule of hours result in any abuses of the rights of employees, the claim shall be subject to the grievance and arbitration procedures set forth in Section 15 hereof.

(D). It is mutually agreed that the custom existing as of the date of this Agreement among certain EMPLOYERS of maintaining long and short watches and split shifts in certain categories of employees shall be permitted to continue, but shall not be extended. Any changes in the existing custom shall be made only by agreement between the UNION and the EMPLOYER. If they shall fail to agree on a proposed change, the same shall be submitted to the Impartial Chairman as any other dispute arising under this Agreement.

(E). Overtime at the rate of time and one-half shall be paid for all hours worked in excess of eight (8) hours per day or forty (40) hours per week in categories where the regular work week under this Agreement is forty (40) hours per week and for all hours worked in excess of seven (7) hours per day or thirty-five (35) hours per week in categories where the regular work week under this Agreement is thirty-five (35) hours per week.

(F). It is agreed that employees will work a reasonable amount of overtime and on the sixth day when requested to do so at the rates of pay set forth in this Agreement provided, however, that there shall be no scheduled overtime in any job classification if there are laid-off employees in that job classification in the hotel and there shall be no scheduled extra rooms for room attendants if there are room attendants laid off in the hotel until available work in the job classification in the hotel has been offered to employees laid off in that job classification, such offer to be made by reasonably available means of communication.

(G). If the UNION feels that an industry-wide condition of unemployment exists in any job classification covered by this Agreement and that an excessive amount of overtime in such job classification or, in the case of room attendants, an excessive amount of extra rooms has been scheduled in any hotel, the UNION may raise the matter as a grievance under Section 15 hereof and if the matter is not satisfactorily resolved, it shall be subject to arbitration thereunder.

(H). Any employee who has heretofore been paid time and one-half after a shorter work day or shorter work week than specified under this Agreement shall continue to receive overtime pay after such shorter work day or shorter work week as heretofore.

(I). All employees shall be entitled to one hour per day for meals. Time out for meals shall not be considered working time.

(J). Waiters and waitresses shall complete service on a guest notwithstanding the fact that the employee has reached his or her quitting time, and the first 15 minutes of such additional time shall not be deemed to be overtime.

(K). No employee shall receive overtime pay unless such overtime work has been authorized previously by such employee's department or division manager.

MINIMUM WAGES

9.

(A).

(1). In the case of an ASSOCIATION member hotel, the minimum weekly wage scales set forth herein shall not be changed except by agreement between the ASSOCIATION and the UNION. No employee shall suffer a reduction in hourly wage rates or fringe benefits previously enjoyed on account of the execution of this Agreement.

(2). In the case of all other EMPLOYERS, the minimum weekly wage scales set forth in this Agreement shall not be changed except by agreement between the EMPLOYER and the UNION. No employee shall suffer a reduction in hourly wage rates or fringe benefits previously enjoyed on account of the execution of this Agreement.

The minimum wages set forth in this Agreement, payable by the EMPLOYER, are applicable to a forty hour week for captains, hosts/hostesses and all tip classifications and to a thirty-five hour week for all other classifications.

When a full-time employee works less than his or her regular work week the wage shall be pro-rated on an hourly basis for the number of hours or fractions thereof actually worked. However, when a full-time employee is changed to a part-time basis, such employee shall receive his or her wages in accordance with the applicable provisions of Section 6.

WAGE INCREASES

(B).

(1). All employees in the employ of the EMPLOYER on the date of the signing of this Agreement shall receive wage increases as set forth in Schedule 1 attached.

(2). All employees hired after the date of the signing of this Agreement shall receive all increases set forth in Schedule 1 attached which are effective subsequent to the date of the employee's hiring.

(3). An employee who, within two (2) years prior to being hired, wasemployed for at least six (6) consecutive weeks in a classification covered by this Agreement in a hotel party to this Agreement, shall be paid not less than the following:

(a). If hired after the date of the signing of this Agreement but before June 1, 1981, the minimum wage plus an amount equal to the January 1, 1981 wage increase for his/her job classification as set forth in Schedule 1.

(b). If hired on or after June 1, 1981, the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981 wage increase for his/her job classification as set forth in Schedule 1.

(c). If hired on or after June 1, 1982, the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981 and the June 1, 1982 wage increases for his/her job classification as set forth in Schedule 1.

(d). If hired on or after June 1, 1983, the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981, June 1, 1982, and June 1, 1983 wage increases for his/her job classification as set forth in Schedule 1.

(4). An employee who, within two (2) years prior to being hired, was not employed for at least six (6) consecutive weeks in a classification covered by this Agreement in a hotel party to this Agreement shall be paid not less than the following:

(a). If hired on or after the date of the signing of this Agreement but before June 1, 1981, the minimum wage thirty (30) days after being hired and the minimum wage plus an amount equal to the January 1, 1981 wage increase for his/her job classification four (4) weeks thereafter.

(b). If hired on or after June 1, 1981, the minimum wage thirty (30) days after being hired and the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981 wage increase for his/her job classification four (4) weeks thereafter.

(c). If hired on or after June 1, 1982, the minimum wage thirty (30) days after being hired and the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981 and the June 1, 1982 wage increases for his/her job classification four (4) weeks thereafter.

(d). If hired on or after June 1, 1983, the minimum wage thirty (30) days after being hired and the minimum wage plus an amount equal to the January 1, 1981 wage increase plus the June 1, 1981, June 1, 1982, and June 1, 1983 wage increases for his/her job classification four (4) weeks thereafter.

(5). Extra meal waiters and waitresses shall receive the following wage increases effective on the following dates:

Effective January 1, 1981

$0.38 per meal

Effective June 1, 1981

$1.37 per meal

Effective June 1, 1982

$1.72 per meal

Effective June 1, 1983

$1.75 per meal

 

(6). The provisions of this Section 9(B) shall not apply to banquet waiters and banquet waitresses. The wage increases for these employees are incorporated in Schedule A-1.

(7). Employees who were in the employ of an EMPLOYER after January 1, 1981 and who left such employ prior to the date of the execution of the Collective Bargaining Agreement by such EMPLOYER shall be entitled to receive their retroactive pay provided they apply in writing, to the UNION, within ninety (90) days after the wage increases set forth herein are paid by said EMPLOYER.

The practice established of sending checks for retroactive pay to the UNION for distribution to claimants shall be continued. All such checks shall be made payable to individual employees entitled to retroactive pay. The employer agrees to make all statutory tax withholdings prior to transmittal of said retroactive monies to the UNION for distribution.

EXTRA ROOMS

(C). The EMPLOYER shall have the right to require a room attendant to do extra rooms during the regular daily hours of work and shall pay the following amounts for each such extra room:

Effective June 1, 1981

$3.30 for each extra room

Effective June 1, 1982

$3.65 for each extra room

Effective June 1, 1983

$4.05 for each extra room

 

The above provisions are not intended to affect the overtime provisions elsewhere set forth in this Agreement.

(D). Room attendants shall make up cots when assigned such work by the EMPLOYER and shall be paid the following sums for each cot made up after the room attendant's quota of rooms has been completed:

Effective June 1, 1981

$1.10 for each cot

Effective June 1, 1982

$1.20 for each cot

Effective June 1, 1983

$1.35 for each cot

 

On any day during which a room attendant makes up cots, three (3) cots shall constitute a room and shall be credited towards the room attendant's quota of rooms for that day.

(E). Room attendants shall clean saunas when assigned such work by the employer. On any day during which a room attendant cleans saunas, four (4) saunas shall constitute a room and shall be credited towards the room attendant's quota of rooms for the day.

MAJOR STRUCTURAL ALTERATIONS

10. Mechanics and maintenance employees shall perform the work heretofore performed by mechanics and maintenance employees in the hotels.

(A). All major structural alteration work on the premises of the EMPLOYER shall be performed by employees covered by this Agreement. Employees required to perform major structural alterations shall be paid the prevailing wages being paid to employees performing similar construction work in the City of New York.

(B). Any dispute as to whether work constitutes mechanical maintenance work or major structural work, or as to the wages to be paid therefor, shall be determined by arbitration, as any other dispute arising under this Agreement.

(C). The UNION shall be given at least 30 days' notice by the EMPLOYER of its intention to effectuate major structural alterations. Upon receipt of said notice, the UNION shall have a right to call for a conference at the ASSOCIATION to discuss the matter. If, as a result of the conference, there is a dispute concerning the proposed major structural alteration, the matter shall be submitted to the Impartial Chairman for his decision. Pending the conference, or if the matter is submitted to the Impartial Chairman, pending his decision, the contract for such major structural alterations shall not be signed, nor shall the EMPLOYER commence said alterations.

EMPLOYER RULES AND REGULATIONS

11. The EMPLOYER may continue, and from time to time may change such rules and regulations as it may deem necessary and proper for the conduct of its business, provided that the same are not inconsistent with any of the provisions of this Agreement. All such rules and regulations shall be observed by the employees. The UNION may raise as a grievance any new or changed rule or regulation under Section 15 hereof and if the matter is not satisfactorily resolved, it shall be subject to arbitration thereunder.

DUTIES OF EXCLUDED CATEGORIES

12. Nothing herein contained shall prevent employees in the excluded categories from performing the duties that they performed heretofore.

SUBSTITUTES AND RELIEF EMPLOYEES

13. Employees may be called on for no more than one and one-half (11/2) hours in any one day to substitute for other employees in other positions for meal and rest periods without affecting their wages. An employee substituting for other employees for more than one and one-half (11/2) hours in any one day shall be paid his/her regular rate of

pay or the contractual wage rate (minimum wage plus wage increases) for the classification of the employee relieved, as set forth in Schedule A, whichever is higher.

HIRING, LAYOFFS, SENIORITY AND DISCIPLINE

14.

(A). New employees shall be hired in the following manner: A joint UNION-HOTEL ASSOCIATION employment office shall be opened immediately for the hiring of all employees in categories covered by this Agreement, except banquet waiters/waitresses and banquet captains, who are covered by the provisions of Section 25 hereof.

The following principles shall govern the operation of the joint employment office:

The UNION and the ASSOCIATION will jointly establish a central registration office. The ASSOCIATION and the UNION will each establish a branch office for the dispatching of job applicants. The central registration office shall be administered jointly by the ASSOCIATION and the UNION.

Any person, whether or not a member of the UNION, and whether or not previously employed in the hotel industry, seeking to obtain employment in any job category covered by this Agreement, shall fill out a registration form at the central registration office. Each registration form shall contain, among other things, the following information: name, address, age, sex, marital status, occupation, personal references, special qualifications, employment history including the names of hotel employers and periods of employment in the hotel industry, and other such information as may be required. A copy of all registration forms and a master list of all registered applicants shall be maintained at the UNION branch and at the ASSOCIATION branch or the joint employment office.

Each EMPLOYER party to this Agreement desiring to employ a new employee in any job category covered by this Agreement in its hotel, must apply for such employee to either the UNION branch or the ASSOCIATION branch of the joint employment office. The branch applied to shall select from the file of registered applicants, one or more applicants for the job opening. Preference in referring applicants and in employment shall be given to persons who have been previously employed in the hotel industry in New York City, and among such persons first preference shall be given to employees whose employment was terminated by reason of the closing of hotels covered by this Agreement.

Unless an applicant satisfactory to the EMPLOYER shall be referred by 4:00 P.M. of the second business day following the day when the request was made, the EMPLOYER shall be free to fill in the vacancy from any source. An EMPLOYER application for an employee filed after 2:00 P.M., shall be considered as placed on the next business day. The foregoing time limitation shall not apply to emergency extras required by the EMPLOYER. In the case of an emergency extra, unless an applicant satisfactory to the EMPLOYER shall be referred within one (1) hour after the request is made, the EMPLOYER shall be free to hire such emergency extra from any source.

The expenses of the ASSOCIATION branch shall be borne by the ASSOCIATION. The expenses of the UNION branch shall be borne by the UNION. The expenses of the central registration office shall be borne equally by the UNION and the ASSOCIATION.

The records of both branches and of the central registration office shall at all times be open to the inspection of both the UNION and the ASSOCIATION, and there shall be a daily interchange of information regarding persons dispatched to jobs and any and all pertinent data.

No charge or fee whatsoever shall be requested of or charged to any registrant, job applicant or hotel.

The service of the joint employment office shall be available to all members of the ASSOCIATION, whether or not they are under contract with the UNION.

It is recognized that an EMPLOYER may fill a vacancy from among its employees, including employees in other hotels of the EMPLOYER'S chain.

There is hereby created a Joint Advisory Committee, consisting of three (3) members appointed by the ASSOCIATION and three (3) members appointed by the UNION. It shall be the responsibility of the Committee, from time to time, to promulgate rules and regulations not inconsistent with the procedure herein set forth to govern the management of the joint employment office.

Any question or dispute concerning the operation of the joint employment office shall be subject to the grievance and arbitration procedure set forth in Section 15 hereof.

The UNION and the ASSOCIATION acknowledge that they have not established the Central Registration Office nor the branch offices for the dispatching of job applicants, as provided in this section, but have been using the services of the New York State Employment Service.

If at any time during the life of this Agreement either the ASSOCIATION or the UNION requests full compliance with the provisions of this Section 14(B), such full compliance shall be effectuated by all parties.

(B).

(1). The EMPLOYER shall have the right to direct and control its employees. The EMPLOYER shall have the right to lay off, promote, or transfer any employee. Promotions shall not be subject to contest or review. The UNION shall, by representatives designated by it, have the right to confer with the EMPLOYER in behalf of any laid-off or transferred employee. If the UNION claims that a layoff or transfer results in any abuse of the rights of employees the grievance shall be subject to the grievance and arbitration provisions of Section 15 of this Agreement.

(2). In the event of a layoff in any department, departmental seniority will be observed insofar as compatible with efficiency. In general, the last person hired in a job classification within a department will be the first laid off in such classification and the employee with the greatest seniority in the job classification in the department will be the last laid off in such job classification. The EMPLOYER shall give the UNION not less than one week's notice of layoff of any employee. Casual employees do not have seniority rights.

The EMPLOYER shall keep a list of names of all employees laid off during the period of this Agreement and shall furnish the UNION with a copy thereof; and in the event of rehiring, it shall give preference to the persons on said list in order of seniority, provided that it shall not be required to rehire any person from said list unless such person, before being laid off, performed identical tasks in the same department from which he or she was laid off.

(3). The EMPLOYER shall have the right to discharge any employee. The UNION may question whether an employee's discharge was for just cause. In that event, the UNION shall submit the matter to the Labor Manager within ten (10) days after the discharge and should the matter not be adjusted by the Labor Manager under the procedure set forth in Paragraph 15 hereof, the UNION may submit the matter to the Impartial Chairman within ten (10) days after the conference before the Labor Manager for decision as any other dispute under this Agreement. The Impartial Chairman may uphold the discharge or reinstate the employee with or without back pay.

(4).

(a). In the case of ASSOCIATION member EMPLOYERS: if a hotel intends to lay off or discharge a delegate or assistant delegate the hotel shall, prior to effectuating such layoff or discharge, consult with an

officer or business agent of the UNION. If, after twenty-four (24) hours, the parties are unable to resolve the problem, the hotel shall consult the office of the ASSOCIATION and an immediate conference with the UNION will be arranged at the office of the ASSOCIATION to discuss the matter. Pending the result of the conference at the office of the ASSOCIATION, the delegate or assistant delegate shall remain on the job unless the ASSOCIATION member EMPLOYER is otherwise advised. The conference held at the ASSOCIATION will constitute the conference provided for in this section. In accordance with existing practices, accredited UNION delegates shall have top seniority in their job classifications. The UNION will furnish a written list of delegates to each hotel within thirty (30) days after the signing of the Agreement and will notify the hotel in writing of any change in the list of delegates within ten (10) days of the making of such change.

(b). In the case of all other EMPLOYERS: if an EMPLOYER intends to lay off or discharge a delegate or assistant delegate the EMPLOYER shall, prior to effectuating such layoff or discharge, consult with an officer or business agent of the UNION. If, after twenty-four (24) hours, the parties are unable to resolve the problem, the EMPLOYER shall immediately notify the office of the Impartial Chairman and request a hearing. Pending the hearing before the Impartial Chairman, the delegate or assistant delegate shall remain on the job. In accordance with existing practices, accredited UNION delegates shall have top seniority in their job classifications. The UNION will furnish a written list of delegates to each EMPLOYER within thirty (30) days after the signing of the Agreement and will notify the EMPLOYER in writing of any change in the list of delegates within ten (10) days of the making of such change.

(C). An employee absent from work because of sickness or injury for not more than 26 weeks shall be reinstated to his/her former job with all job rights and seniority, provided the employee is in good health and is physically capable of performing the duties of the job. The employee shall give the EMPLOYER one (1) week's notice of intention to return to work.

An employee absent from work because of sickness or injury for more than 26 weeks but not more than 52 weeks shall be placed upon a rehiring list and shall be offered the first available job opening in his/her job classification, provided that at the time the job opening becomes available the employee is in good health and is physically capable of performing the duties of the job. Upon rehiring the employee shall be restored to all his/her job rights and seniority.

In either case the EMPLOYER may require satisfactory proof of sickness or injury and recovery. If the employee presents a statement by the Health Center that the employee is able to return to work and if the EMPLOYER challenges said certification, the dispute may be submitted to an impartial physician designated by the EMPLOYER and the UNION, or if they are unable to agree, designated by the Impartial Chairman, and the UNION and EMPLOYER agree to be bound by the decision of said physician.

UNION ACTIVITY

(D). No employee shall be discharged or laid off because of UNION activities. In the event of a claim being made that an employee has been discharged or laid off because of UNION activities, such claim must be filed with the Labor Manager within one (1) week and disposed of by him within three (3) days thereafter. If the controversy cannot be satisfactorily adjusted between the UNION and the Labor Manager, the same shall be promptly referred to the Impartial Chairman, who shall render his decision within a reasonable time after receiving the claim.

In cases involving non-ASSOCIATION EMPLOYERS, all such claims which cannot be satisfactorily adjusted between the EMPLOYER and an officer or business agent of the UNION, shall be promptly referred to the Impartial Chairman for adjustment.

NO DISCRIMINATION

(E). The opportunity to give and obtain employment without discrimination because of race, color, creed, sex, age or national origin is hereby recognized by the parties to this Agreement.

TRAINING PROGRAM

(F). The ASSOCIATION and the UNION have established a program to train employees for promotion and advancement. Said program is known as and operated by the New York Hotel and Motel Trades Council and Hotel Association Industry Training Fund established by an Agreement and Declaration of Trust which provides, among other things, for equal representation upon the Board of Trustees of the Trust Fund of ASSOCIATION and UNION representatives. The Impartial Chairman designated under this Agreement shall act as Impartial Chairman of said Trust Fund.

The EMPLOYER shall continue to contribute to the Hotel Industry Training Fund the sum of $1.50 per month for each employee on the EMPLOYER'S payroll on the 15th day of each month, which money shall be utilized by the Fund to carry out the training program.

No new training programs, other than those organized by the Trustees of the Fund, shall be instituted.

Should government or other funds be appropriated on behalf of the training program hereunder, the EMPLOYER'S contribution shall be reduced accordingly.

COMPLAINTS, GRIEVANCES AND ARBITRATION

15. All complaints, disputes or grievances arising between the parties hereto involving questions of interpretation or application of any clause of this Agreement, or any acts, conduct or relations between the parties, directly or indirectly, which shall not have been adjusted by and between the parties involved shall be referred to a permanent umpire to be known as the Impartial Chairman, and his decision shall be final and binding upon the parties hereto. Any such complaint, dispute or grievance involving an EMPLOYER member of the ASSOCIATION shall in the first instance, be submitted to the Labor Manager who will be appointed and employed by the ASSOCIATION to consider and adjust with a duly accredited representative of the UNION, for their joint consideration and adjustment; if they agree, such decision shall be binding on the parties hereto. Should the matter not be resolved by the Labor Manager and the representative of the UNION, it shall then be referred to the Impartial Chairman as aforesaid.

In the event of a willful default by either party in appearing before the Impartial Chairman, after due written notice shall have been given to the said party, the Impartial Chairman is hereby authorized to render a decision upon the testimony of the party appearing.

Non-ASSOCIATION member hotel and concessionaire EMPLOYER complaints, disputes, or grievances complaints are to be taken directly to the Impartial Chairman.

If any EMPLOYER experiences an unanticipated emergency which justifies relief from the provisions of Section 24(B), the matter—if unresolved between the EMPLOYER and the UNION—may be submitted to the Impartial Chairman who may grant such relief as he deems proper. If relief is granted, the Impartial Chairman may make such provisions for the employees involved as he deems appropriate. The Impartial Chairman may not grant relief predicated solely upon economic factors.

The parties consent that any papers, notices or process, including subpoenas, necessary or appropriate to initiate or continue an arbitration hereunder or to enforce or confirm an award, may be served by ordinary mail directed to the last known address of the parties or their attorneys, or when authorized by the Impartial Chairman, by telegram or telephone.

The parties consent that all arbitration hearings shall be heard at the office of the Impartial Chairman located at 250 West 57th Street in the City of New York, or at such other place as the Impartial Chairman may designate.

The Impartial Chairman may call such arbitration hearing on giving five (5) days' notice to all of the interested parties. The Impartial Chairman, however, may call a hearing on shorter notice if he deems it appropriate.

The parties hereby expressly agree that the oath of the arbitrator is waived and consent that the Impartial Chairman may proceed with the hearing on this submission.

The parties hereto expressly waive the requirements regarding the Arbitrator's oath and the manner and time for the service of notice of hearing contained in the Civil Practice Law and Rules of the State of New York.

The compensation of the Impartial Chairman and his proper and necessary expenses shall be shared and paid equally by the ASSOCIATION and the UNION.

Should the Impartial Chairman resign, refuse to act, or be incapable of acting, or should the office become vacant for any reason, the ASSOCIATION and the UNION shall immediately and within five (5) days after the occurrence of such vacancy, designate another person to act as such Impartial Chairman. If they fail to agree, the Chief Judge of the Court of Appeals of the State of New York shall, upon application of either party, on due notice to the other, summarily make such appointment.

The decision rendered by the Impartial Chairman shall have the effect of a judgment entered upon an award made, as provided by the Arbitration Laws of the State of New York, entitling the entry of a judgment in a court of competent jurisdiction against the defaulting party who fails to carry out or abide by such decision.

VACATIONS

16.

(A).

(1). All employees covered by this Agreement who shall have been employed continuously for the period specified below shall receive the following annual vacations with pay:

One year but less than two years .............................................  

one week

Two years but less than five years ...........................................  

two weeks

Five years but less than seven years .......................................  

twelve days

Seven years but less than fifteen years ...................................  

three weeks

Fifteen years or more ..................................................................  

four weeks

 

Tip employees shall receive the foregoing vacations and their vacation pay shall be twice their weekly rate of pay.

Banquet employees shall receive their vacations as set forth in Schedule A-1 annexed hereto.

Checkroom employees shall receive their vacations as set forth in Schedule A-2 annexed hereto.

Steady extra banquet bartenders shall receive their vacations as set forth in Schedule A-3 annexed hereto.

Permanent, regularly scheduled part-time employees shall receive their vacations pro-rated in relation to the hours they regularly work. The proration shall be based on the wage rate they are paid pursuant to Paragraph 6(B)(3) of the Agreement.

(2). Vacations shall be given as soon as practical after the completion of the required continuous employment. If deductions for meals were made during the year from the wages of the employee, the vacation pay shall be the full wages without meal deductions, providing the employee does not take meals at

the hotel during the vacation period. The vacation pay shall be given to the employee at the end of the week preceding the vacation week. The EMPLOYER shall fix the time or period when such vacation may be taken and shall give the UNION at least four weeks' notice of the vacation schedule.

(3). An employee who has completed the required period of employment shall, in the event his/her employment is terminated prior to receiving his/her vacation, be entitled to receive his/her vacation pay.

(4). For the purposes of this Agreement, the services shall be deemed to be continuous, notwithstanding breaks aggregating not more than sixty (60) days in any employment year, due to layoff, closing, or excused absence, or such longer period as may be granted in writing by the EMPLOYER.

(5). Except as provided in the preceding paragraph of this section, an employee who has been employed for one year or more whose employment terminates within one hundred eighty (180) days prior to the end of his/her employment year shall receive vacation pay pro-rated in proportion to the number of weeks actually worked during said year. An employee employed for less than one year shall receive vacation pay pro-rated in proportion to the number of weeks actually worked since his/her date of employment provided his/her employment terminated within one hundred twenty (120) days prior to the end of his/her employment year.

Subject to paragraph (4) of this section, if an employee's employment is terminated by reason of the closing of a hotel or concessionaire, the employee shall receive vacation pay pro-rated in proportion to the number of weeks actually worked since the beginning of his/her current employment year.

(6). In the event of illness or injury, services shall be deemed to be continuous notwithstanding breaks aggregating not more than twenty-six (26) weeks in any year, provided, however, that if the illness or injury exceeds sixty (60) working days in any year, the employee's vacation pay shall be pro-rated in proportion to the number of weeks actually worked during said year.

HOLIDAYS

(B).

(1). The EMPLOYER shall grant to all employees covered by this Agreement the holidays listed below with pay:

New Year's Day

July Fourth

Martin Luther King's

Labor Day

Birthday

Thanksgiving Day

Washington's Birthday

Christmas Day

Memorial Day

 

 

The EMPLOYER shall grant to all employees covered by this Agreement the personal days listed below with pay:

Employee's Birthday

Employee's Anniversary Date of Employment

One Personal Day in each contract year to be scheduled by arrangement between the employee and the EMPLOYER not less than two (2) weeks prior to said day off.

Permanent, regularly scheduled part-time employees shall receive holidays and personal days pro-rated in relation to the hours they regularly work. The proration shall be based on the wage rate they are paid pursuant to Paragraph 6(B)(3) of the Agreement.

(2). When an employee is laid off because of lack of work on any of the above holidays, he/she shall be paid for such holiday if the holiday occurs within twenty (20) working days following the beginning of such layoff, provided the laid-off employee does not receive pay for such holiday from another hotel EMPLOYER. When an employee is absent because of sickness or injury on any of the above holidays he/she shall be paid for such holiday provided he/she has not been replaced by another employee who receives pay for such holiday. The EMPLOYER may require satisfactory proof of sickness.

(3). Should it be necessary for an employee not in a tip classification to work on any of the above holidays, he/she shall receive his/her regular straight time pay in addition to the holiday pay. Employees shall be notified one week in advance as to whether it will be necessary for them to work on the holiday.

(4). Tip employees (except for banquet waiters and waitresses and banquet bartenders who shall receive holiday pay as provided in Schedule A-1) shall receive twice their regular daily rate as holiday pay. Notwithstanding the foregoing, should said tip employee work on the holiday, he or she shall receive an additional one-half day's pay (a total of two and one-half days' pay).

(5). If the EMPLOYER requires an employee to work on a holiday, the EMPLOYER may not require the employee to take another day off in lieu of the holiday. If a holiday falls on an employee's regular day off, the EMPLOYER may give the employee another day off in lieu of the holiday, which day off shall be the employee's regular work day immediately preceding or immediately following the holiday. Should a holiday fall during an employee's vacation, the EMPLOYER may grant the employee an additional day's vacation in lieu thereof which shall be the day immediately before or the work day immediately following the vacation.

(6). Employees in departments which are closed for the summer shall be paid for any of the above holidays which occur during such closing providing the employee returns to work when recalled to work.

(7). All employees shall receive not less than a normal week's pay in any week during which a holiday falls.

(8). The following rules shall be applicable to the three personal days.

(a). In the event an EMPLOYER has a group of employees whose anniversary date with the EMPLOYER is the same, said employees shall enjoy such personal day off 30 calendar days after their birthdays.

(b). If an employee's authorized personal day off falls on either his/her regular day off, during vacation, or on a holiday, the EMPLOYER shall have the option of granting another day off with pay by arrangement, or paying said employee for the personal day.

(c). If an employee's authorized personal day off falls while he/she is absent due to sickness or injury on the job, said employee shall be paid for such personal day upon return to regular employment or shall receive another day off with pay by arrangement with the EMPLOYER.

(d). Notwithstanding the above, nothing contained herein shall prevent the employee from applying all or a portion of his/her authorized personal days off to other than the reasons specified as a result of an unusual and/or sudden occurrence.

(e). In order to be eligible for his/her personal days, an employee not previously employed in the hotel industry must be in the employ of the hotel for not less than 90 days.

(i). An employee who has been employed in the hotel industry for not less than six consecutive weeks within the two years immediately preceding his/her date of employment, and whose birthday falls within the first 15 days of employment, shall receive his/her birthday personal day between the 31st day of employment and the 90th day of employment. In the event his/her birthday falls subsequent to the first 15 days of employment, he/she shall receive same on the day it falls.

(ii). In the event an employee who has been employed in the hotel industry for not less than six (6) consecutive weeks within two (2) years immediately preceding his/her date of employment is severed from his/her employment prior to completion of the 90th day of employment but whose birthday occurred prior to his/her severance from employment, said employee shall receive pay for his/her birthday personal day provided the birthday occurred after not less than 15 days of employment.

(f). Subject to the provisions set forth herein, all regular full-time employees of the hotel shall be eligible for said personal days off.

(i). The personal days off to which employees are entitled shall be compensated at the rate of one day's pay at straight time except for tip employees who shall be compensated at twice the regular daily rate of pay at straight time.

(ii). If a non-tip employee is required by the EMPLOYER to work on any of his/her personal days, he/she shall receive an additional day's pay at straight time. In the event a tip employee works on his/her personal day, said employee shall receive one and one-half days' pay at straight time in addition to his/her normal daily wages.

(g). Banquet waiters/waitresses, banquet captains and banquet bartenders on a hotel steady rotation list, and checkroom and washroom attendants, shall receive personal days based upon the same eligibility applicable to regular employees. The amount of pay for their personal days: (1) for the said banquet waiters/waitresses and banquet captains shall be the amount payable to an a-la-carte waiter or an a-la-carte captain under the wage schedule set forth in Schedule A; (2) for the said checkroom and washroom attendants shall be the amount payable under the wage scale set forth in Schedule A-2.

(i). Should it be necessary for banquet waiters/waitresses to work on any of the personal days, pay for said personal days shall be at one and one-half times the amount payable to a-la-carte waiters/waitresses under the wage schedule set forth in Schedule A, in addition to the wages paid for each banquet function or functions.

(ii). Should it be necessary for banquet captains or banquet bartenders to work on any of the personal days, pay for said personal days shall be at the rate of one day's pay for a-la-carte captains in the case of banquet captains and for service bartenders in the case of banquet bartenders, in addition to the wages paid for each banquet function or functions.

(iii). In the event a personal day falls within the summer months during which such banquet and/or checkroom employees are not working they shall nonetheless receive such personal days, or payment in lieu thereof, in accordance with arrangements to be agreed upon between the Hotel and the said employee.

(C). Effective June 1, 1981, all employees who have been employed for not less than one consecutive year and who are called for and serve Jury Duty will be paid for every second year of such service by the Employer the difference between their per diem jury pay and their regular pay, provided that such payment shall be made for a period of no more than two (2) weeks (or such shorter period as the employee shall be on Jury Duty), upon the employee presenting to his/her employer written evidence of his/her call to jury service and copy of receipt for payment for his/her jury duty.

(D).

(1). Effective June 1, 1981, all employees who have been employed for not less than one (1) continuous year shall be granted bereavement pay in the event of a death in his/her immediate family.

(2). The "immediate family" is defined as the employee's father, mother, sister, brother, spouse or children.

(3). Bereavement pay for the death of the employee's immediate family, (father, mother, sister, brother, spouse and children) shall be paid for the day before, the day of, and the day following the funeral providing each of these days fall on days the employee was scheduled to work. In the event any of these three (3) days fall on days when the employee was not scheduled to work, the employee shall receive pay only for those days on which he or she was scheduled to work. No employee, however, shall receive bereavement pay, if he or she has received such pay at any time during any twelve-month period, commencing on and after June 1, 1981.

(4). The bereavement days off to which employees are entitled shall be compensated at the rate of one day's pay at straight time except for tip employees who shall be compensated at twice the regular daily rate of pay at straight time.

(5). No bereavement pay will be granted unless the employee requests same from the EMPLOYER in advance of taking same. At its sole discretion, the EMPLOYER may require evidence of death and kinship.

SOCIAL INSURANCE AND PENSIONS

(E). The EMPLOYER agrees to contribute sums of money equal to stated percentages of its payroll to the New York Hotel Trades Council and Hotel Association of New York City Insurance Fund and to the New York Hotel Trades Council and Hotel Association of New York City, Inc., Pension Fund, all as provided in Schedules B and C annexed hereto, the terms and provisions of said Schedules B and C being specifically incorporated herein by reference.

FAMILY MEDICAL FUND

(F). The EMPLOYER agrees to contribute to the Union Family Medical Fund of the Hotel Industry of New York City, all as provided in Schedule D annexed hereto, the terms and provisions of said Schedule D being specifically incorporated herein by reference.

FAMILY DENTAL FUND

(G). The EMPLOYER agrees to contribute to the New York Hotel and Motel Trades Council and Hotel Association of New York City, Inc., Dental Fund, all as provided in Schedule E annexed hereto, the terms and provisions of Schedule E being specifically incorporated herein by reference.

Should government or other funds be appropriated on behalf of the dental program hereunder, the EMPLOYER'S contribution shall be reduced accordingly.

STRIKES AND LOCKOUTS

17. Both the UNION and the EMPLOYER recognize the service nature of the hotel business and the duty of the hotel operator to render continuous and hospitable service to the public in the way of lodging, food and other necessary hotel accommodation. Therefore, the UNION agrees that it will not call, engage in, participate in, or sanction any strike, sympathy strike, stoppage of work, picketing of the hotel, sit-down, sit-in, boycott, refusal to handle merchandise, or any other interference with the conduct of the EMPLOYER'S business, for any reason whatsoever; nor will it interfere with any guest or tenant at the hotel, while he/she is a guest or tenant occupying a room or space, who sells or exhibits non-union-made merchandise or employs non-union help. The EMPLOYER agrees that it shall not lock out its employees or any part of its employees.

Any such act shall be a violation of this Agreement, and the same, including any and all disputes in reference thereto, shall be submitted to the Impartial Chairman as any other dispute under this Agreement.

During the term of this Agreement there shall be no lockout, strike or stoppage of any kind pending the determination of any complaint or grievance and for a period of ten (10) days thereafter, and then only for the refusal of either party to abide by such determination.

CONTRACT WITH NON-MEMBER HOTELS

18. The UNION obligates itself to enter into no contract whereby any person, firm or corporation operating a hotel in the City of New York shall receive any benefit or aid not accorded to the ASSOCIATION and EMPLOYERS pursuant to the terms of this Agreement.

The UNION agrees to insert a clause in all its Agreements with hotel and concessionaire EMPLOYERS who are non-members of the ASSOCIATION or hotel and concessionaire EMPLOYERS who cease to be members of the ASSOCIATION to the effect that such EMPLOYER shall submit to the plan of adjustment and arbitration herein provided for. Not later than two weeks after the signing of this Agreement, all such non-member hotel and concessionaire EMPLOYERS shall deposit with the Impartial Chairman the following sums of money:

In the case of a hotel EMPLOYER with less than one hundred (100) rooms—the sum of $750.00;

In the case of a hotel EMPLOYER with less than three hundred (300) rooms—the sum of $1,000.00;

In the case of a hotel EMPLOYER with three hundred (300) rooms or more—the sum of $1,500.00.

In the case of a concessionaire EMPLOYER—the sum of $500.00.

The Impartial Chairman shall assess each non-member hotel and concessionaire EMPLOYER on each occasion said EMPLOYER is required to appear before him, an amount payable to the arbitration fund to defray the expense of arbitration.

In the event a non-member hotel or concessionaire EMPLOYER fails to pay the assessment levied by the Impartial Chairman to the arbitration fund as hereinabove set forth, the monies due the arbitration fund shall be deducted from the monies deposited with the Impartial Chairman as aforesaid and the said EMPLOYER shall be required to replace forthwith any monies so deducted.

Contracts with such other EMPLOYERS, non-members of the ASSOCIATION, shall not run longer than the period of this Agreement.

STATUS QUO AGREEMENT OF MARCH 23, 1938

19.

(A). Any hotel for whose employees the UNION has been certified as the exclusive collective bargaining agent, and which does not become a party to this Agreement by signing the same, shall not have any of the rights, benefits, or privileges of this Agreement; and it is expressly agreed as to such hotels that the status quo agreement of March 23, 1938 shall be forthwith terminated.

(B). In those hotels where the right of the UNION to act as the exclusive collective bargaining agent has not been duly determined, the status quo agreement of March 23, 1938 shall continue in effect, unless (1) such hotel shall refuse to submit for adjustment and/or arbitration any complaint, grievance or dispute brought by the UNION in behalf of its member or members employed in the hotel, or (2) refuse to abide by any decision made by the Impartial Chairman named in this Agreement.

(C). Irrespective of any increase in wages made prior to the execution of this Agreement by an EMPLOYER who has not been previously in contractual relationship with the UNION with respect to any appropriate collective bargaining unit, such EMPLOYER shall nevertheless be required to increase the wages of all employees by the amount of increases set forth in Schedule 1 attached which are effective January 1, 1981, June 1, 1981, June 1, 1982 or June 1, 1983 as the case may be for the respective job classifications (but such increase shall not be retroactive), in order to obtain the benefits and privileges of this Agreement, for such collective bargaining unit.

MODIFICATION OF THIS AGREEMENT

20. No EMPLOYER and no worker or group of workers shall have the right to modify or waive any provision of this Agreement.

VISITATION CLAUSE

21. Authorized representatives of the UNION shall have admission to the establishments of the EMPLOYERS but such representatives shall make arrangements with the management as to time of making such visits.

It is further agreed that conferences held between UNION representatives and the employees shall not be held during the employees' working time; and if held on the premises, said conference must be within a place arranged for with the management.

NOTICES

22. The EMPLOYER shall permit the UNION to post announcements of meetings and functions on bulletin boards to be provided by the EMPLOYER and placed in convenient positions in the hotel to be designated and provided by the EMPLOYER.

WAGE OR HOUR MODIFICATION

23.

(A). The standards of wages or hours, or both, as herein prescribed, shall not be changed during the term of this Agreement; provided, however, that on or about March 1, 1984 either the ASSOCIATION or the UNION may give notice that it desires a change in wages or hours, or both, if either the ASSOCIATION or the UNION shall be convinced that such change is warranted, and call for a conference thereon. If any change shall be agreed upon, it shall become effective as of the 1st day of June, 1984. If, after a change in wages or hours, or both, has been requested, and a thorough canvass of the situation has been made, an agreement with respect thereto has not been reached on the 15th day of May, 1984, the matter shall be submitted to a commission composed of the Impartial Chairman and a representative of the ASSOCIATION, and a representative of the UNION, and the decision of any two members of such commission shall be final and binding upon the parties hereto including EMPLOYERS who are not members of the ASSOCIATION. Any change in wages or hours awarded or determined by said commission as aforesaid shall be effective as of June 1, 1984. The minimum wage scale as provided in this Agreement, shall, however, not be changed during the term of this Agreement, any seeming provision to the contrary notwithstanding, except as provided in the following paragraphs.

Should the UNION and the ASSOCIATION agree upon the terms of a new and extended Industry-wide Collective Bargaining Agreement to be effective June 1, 1984, the UNION shall have the right to convene a three-member commission to set the wages and hours effective June 1, 1984 of the employees of any EMPLOYER who does not agree to execute and be bound by the new Industry-wide Collective Bargaining Agreement. In such event, the three-member commission shall be established and convened as set forth above and it shall render a decision as to the wages and hours to be paid to said EMPLOYER'S employees effective as of June 1, 1984, provided, however, that in the case of an EMPLOYER who is not a member of the ASSOCIATION, one member of the three-member commission may be designated by the EMPLOYER in lieu of the ASSOCIATION'S designee. Should the EMPLOYER fail to designate a representative on the three-member commission within ten (10) days after notice from the UNION to the Impartial Chairman of its desire to convene a three-member commission to establish wages and hours for the EMPLOYER'S employees, the ASSOCIATION'S designee shall serve as the EMPLOYER'S designee. The decision of such a three-member commission shall be final and binding and any changes in wages and/or hours awarded or determined by said commission shall be effective as of June 1, 1984.

(B). Notwithstanding any other provision of this Agreement seemingly to the contrary, the parties agree that in the event the aggregate increases paid by the EMPLOYER for the period ending June 1, 1983 is exceeded by the cost of living (based on New York City Consumer Price Index) for the period ending June 1, 1983, the UNION shall have the right to request that a joint study committee be formed to examine and discuss the impact

of said increase on the employees and the need, if any, for a wage review. In the event the parties fail to agree on what action to take, either party may submit the matter to the Impartial Chairman who shall be empowered to make a final decision with regard to said matter.

AREA STANDARDS AND WORK PRESERVATION

24.

(A). Any contract, lease or agreement entered into after July 10, 1957 between a hotel and a concessionaire who employs employees in job classifications covered by this Agreement must contain a provision that the concessionaire agrees that the persons employed in the job classifications covered by this Agreement will work in accordance with the schedule of hours and will receive not less than the wages and economic benefits provided in this Agreement including holidays, vacations, premiums, overtime, health and welfare, dental, pension and training and/or any other economic benefits required by this Agreement or their equivalent and that said concessionaire or lessee further agrees to submit any question concerning compliance with the foregoing to the Impartial Chairman designated under Section 15 herein for determination. Any party affected may institute such arbitration.

(B). All work performed on the EMPLOYER'S premises and all products produced on the EMPLOYER'S premises by employees covered by this Agreement as of the effective date of this Agreement shall not be performed or produced by persons not covered by this Agreement, provided that an EMPLOYER or a group of EMPLOYERS may arrange to have products and/or work presently produced and performed on its premises to be performed by persons employed in job classifications covered by this Agreement provided that such persons work in accordance with the schedule of hours and will receive not less than the wages and economic benefits provided in this Agreement including holidays, vacations, premiums, overtime, health and welfare, dental, pension and training and/or any other economic benefits required by this Agreement or their equivalent and further provided that the employment of those employed by the EMPLOYER or EMPLOYERS at the time of the arrangement shall not be adversely affected thereby.

FURNISHING SECURITY

(C). In order to insure the faithful performance of the obligations contained in this Agreement any concessionaire who shall attain such status on or after August 25, 1955, shall be required to furnish security in the form of cash or bond in the amount of three months' wages prior to entering into its operation, or at any time thereafter, upon demand by the UNION or hotel. Failure to demand security shall not be deemed to be a waiver of a concessionaire's obligations hereunder.

The cash or bond shall be deposited with the Impartial Chairman. In the event the Impartial Chairman finds that a default has occurred in the payment of cash wages, vacation or holiday payments, insurance fund contributions, pension fund contributions, medical fund contributions, training fund contributions, dental fund contributions, severance pay, or union dues, he shall order said payments to be made from the cash or bond on deposit with him and shall further order that the cash or bond be restored to its original amount.

In the event a concessionaire who is required to post cash or bond hereunder fails to do so, the hotel shall be responsible for any defaults.

At the termination of any contract, concession or lease the Impartial Chairman shall return the cash or bond, upon being satisfied that there are no unpaid cash wages, vacation or holiday payments, insurance or pension fund contribution, medical fund contribution, training fund contribution, dental fund contribution, severance pay and/or union dues.

The form of the bond to be posted shall be subject to the approval of the ASSOCIATION and the UNION, or, in the case of a non-ASSOCIATION hotel, the hotel and the UNION, and if they fail to agree, the form of the bond shall be determined by the Impartial Chairman.

BANQUET DEPARTMENT

25. The EMPLOYER shall furnish the UNION with a list of banquet waiters and banquet waitresses now employed by, or on the EMPLOYER'S list for such employment; such waiters and waitresses as are not members of the UNION at the time of the execution of this Agreement by the EMPLOYER shall become members of the UNION within thirty (30) days from the execution of this Agreement by the EMPLOYER, and the UNION shall accept such banquet waiters and banquet waitresses as members upon the same terms and conditions as other members. Banquet waiters and waitresses other than those now employed or on the EMPLOYER'S steady list, shall be procured from the UNION to the extent that the UNION is able to furnish same. If the UNION is unable to supply waiters and waitresses satisfactory to the EMPLOYER, the EMPLOYER shall have the right to employ the additional number required from any available source.

The UNION agrees that all individuals who register with it as applicants for jobs as banquet waiters and waitresses shall be referred to jobs on a non-discriminatory basis and selection of applicants shall not be based on, or in any way affected by, UNION membership, the UNION'S by-laws, rules or regulations, constitutional provisions, or any other aspect or obligation of UNION membership, policies or requirements.

Notice of the provisions of this Section and the functioning of job referrals and hiring arrangements shall be posted on bulletin boards in hotels and in the UNION where applicants for employment apply for jobs.

The classification of meals, hours, wages and working conditions of banquet waiters and banquet waitresses and banquet captains are contained in Schedule A-1 annexed hereto and made a part of this Agreement.

UNION DUES

26. UNION dues, assessments, initiation and service fees, and defense fund dues/assessments, during the term of this Agreement, shall not exceed the sums set forth in the memorandum to be furnished by the UNION to the ASSOCIATION at the time of the execution of this Agreement. Notwithstanding the foregoing, the amount of UNION dues, assessments, initiation and service fees, and defense fund dues/assessments is subject to change at the prerogative of the UNION. The UNION agrees to give the EMPLOYER thirty (30) days' written notice prior to the effective date of any such change.

27. The UNION agrees to furnish the EMPLOYER with a memorandum showing the amount of dues and initiation fees payable as members of the UNION and service fees payable as non-members of the UNION by each of the employees of the EMPLOYER covered by this Agreement. Upon receipt of written authorization the EMPLOYER agrees to deduct such dues, initiation fees and service fees from the wages or salaries of the respective employees monthly (initiation fees are to be deducted in two (2) monthly installments) and the EMPLOYER agrees, upon such deduction, to transmit such sums collected by the EMPLOYER to the UNION in the month of collection. The EMPLOYER will retain in its file the dues authorization card of each employee from whom it makes such deductions. The EMPLOYER agrees to furnish to the UNION a list of the employees in its hotel covered by the Agreement and will from time to time furnish to the UNION the names of all such new employees who are to be covered by this Agreement, and also will notify the UNION of employees who have left the employ of the EMPLOYER. The EMPLOYER agrees that the UNION may examine the EMPLOYER'S payroll records for the purpose of checking compliance with this provision.

RELIEF APPEALS

28. Whenever, upon a written application of an EMPLOYER, it shall appear to the Impartial Chairman that the factual situation with respect to a particular EMPLOYER is such that the wage and hour scales provided in this Agreement will work unusual hardship on such EMPLOYER, and affect adversely the interest of the workers therein, such wage and hour scales may be modified, in such EMPLOYER, to the extent approved by the Impartial Chairman.

An EMPLOYER that intends to make such application in connection with the wage increases under the Collective Bargaining Agreement shall make such application within sixty (60) days after March 17, 1981. If application for relief is not made within sixty (60) days after March 17, 1981, the increases shall be put into effect, provided, however, that this shall not preclude an EMPLOYER from making application for relief thereafter.

UNIFORMS, ETC.

29. The EMPLOYER agrees that whenever it requires employees to wear special uniforms, such uniforms shall be supplied and shall be laundered at the expense of the EMPLOYER. "McAlpin jackets" shall not be deemed to be special uniforms. The EMPLOYER agrees to supply cooks' uniforms. A cook's uniform is defined as jacket, cap, apron, kerchief and pants.

The EMPLOYER agrees to provide adequate locker space for employees customarily provided with locker space. The EMPLOYER shall provide sanitary places for eating and changing clothes and washroom facilities.

TOURS

30.

(A). In the case of all tour parties, adult as well as youth, bellpersons shall receive an additional 15¢ effective September 1, 1981 so that they shall receive not less than 95¢ per person or per bag (as the case may be) on checking in and checking out. Effective June 1, 1982, bellmen shall receive an additional 15¢ per bag in and out, so that as of June 1, 1982, bellpersons shall receive not less than $1.10 per bag in and $1.10 per bag out. Effective June 1, 1983, bellpersons shall receive an additional 15¢ per bag in and out, so that as of June 1, 1983, bellpersons shall receive not less than $1.25 per bag in and per bag out.

(B). Bellpersons shall receive 50¢ for each person coming into a hotel to occupy a room which is one of a block of rooms rented or set aside on a permanent basis to an airline or trucking company. Bellpersons shall receive, in addition, 50¢ for each such person on leaving the hotel.

(C).

(1). Effective September 1, 1981, when a tour group having reservations at an EMPLOYER arrives and/or departs from a hotel in motorized buses, doorpersons will be paid a gratuity equal to 47.5¢ for the arrival and 47.5¢ for the departure per person in the tour. Effective June 1, 1982, this amount shall be increased to 55¢ for arrival and 55¢ for departure per person. Effective June 1, 1983, this amount shall be increased to 62.5¢ for arrival and 62.5¢ for departure per person.

(2). This gratuity will apply to tour groups arriving only by bus and will be applicable to initial arrival and final departure.

(3). Buses are as we commonly know them and this gratuity arrangement does not apply to stretch-out wagons, such as used to transfer airline crews, and other such vehicles.

(4). Doorpersons will assist in the handling of the baggage and those hotels not employing doorpersons will not be subject to this gratuity payment.

(D). Effective January 1, 1982, all hotels who are currently paying the aforesaid gratuities on a per person basis shall convert such payments to a per bag basis, provided, however that no gratuity will be paid on any bags in excess of two (2) for any one guest.

(E). Any hotel that has been 1) paying rates or 2) under conditions more favorable than those set forth in paragraphs (A) and (C) above shall, in addition to the increases set forth above, maintain the differential between the rate set forth in the "Agreement" and the rate it is paying, and maintain the conditions presently in effect.

(F). In the case of all tour parties, where meals are included, adult as well as youth, waiters and waitresses shall receive 25¢ per meal per person or 15% of the price of the meal, whichever is greater.

(G). Where the rooming arrangements for professional athletic teams do not permit bellpersons to earn tips, such rooming shall be considered a tour, except that where other tip arrangements have been in effect they shall continue.

(H). The parties agree to submit the following matter to a committee consisting of a representative of the UNION and a representative of the ASSOCIATION:

Notwithstanding Paragraph 30(C)(3) above, whether or not doorpersons shall receive the tip referred to in Paragraph 30(C)(1), in the case of stretch-out wagons used for tours.

In the event the parties are unable to agree on any of the above, either party may submit same to the Impartial Chairman for decision.

NIGHT SHIFT DIFFERENTIAL

31.

(A). Night shift differential shall apply to all employees covered by this Agreement except those listed in Schedule A-1.

(B). The night shift differential shall be paid for all hours worked after 8:00 P.M. in the evening and before 6:00 A.M. the next morning. Each employee employed during the hours stated above, shall receive in addition to his or her regular wages, 30¢ per hour for each hour worked during said period. Effective June 1, 1981 said sum shall be increased to 40¢ per hour.

(C). The wage rate on the basis of which overtime compensation is to be calculated shall not include the night shift differential. Although the night shift differential shall not be added to the regular rate for the purpose of calculating overtime compensation, the amount of the agreed upon night shift differential shall be paid for each hour of work of an employee during the night hours to which such night shift differential payment is applicable.

(D). Vacation, sick days, personal days, and holiday pay shall include the night shift differential, provided, however, that this applies only to regular and full-time employees who are regularly scheduled for work during the hours for which the night shift differential is paid.

SEVERANCE PAY

32.

(A). In the event of termination resulting from the closing of a hotel or a restaurant therein or a department thereof, or from (1) the conversion of the elevators to self service elevators or (2) the conversion of telephone department equipment or (3) the conversion of hotels to cooperatives, severance pay shall be paid as a result of any of the foregoing.

(B). For the purpose of calculating severance pay, the EMPLOYER shall pay over to the UNION for distribution by the UNION to the employees affected an amount equal to four days of regular wages for each year of service for each employee affected provided the employee had no less than six months' service. Tip employees shall receive double the amount of severance pay calculated in accordance with the above formula. Unless otherwise proven, all employees laid off within one year of a permanent closing shall be presumed to have been terminated as a result of the closing and shall be eligible for severance pay. In connection with the foregoing, the EMPLOYER shall issue, and send to the UNION for distribution, checks made payable to the individual employees entitled to severance pay in accordance with the foregoing formula. The EMPLOYER

agrees to make all statutory tax withholdings prior to transmittal of the checks to the UNION for distribution. In addition, a further payment equal to 25% of such amount shall be paid to be allocated to the New York Hotel Trades Council and Hotel Association of New York City Insurance Fund, Union Family Medical Fund of the Hotel Industry of New York City and New York Hotel Trades Council and Hotel Association of New York City, Inc. Pension Fund in such proportions as the ASSOCIATION and the UNION shall agree. Payment shall be computed to the nearest quarter year.

(C).

(1). The UNION has long cooperated with EMPLOYERS in the introduction of new equipment, changes in operating techniques and technological improvements (all three herein referred to as "modifications") in the various departments of the hotels. Accordingly, in the event the EMPLOYER intends to introduce modifications in its hotel, it shall meet with the UNION at least 30 days in advance of its intention to implement same, to discuss the ramifications.

(2). If the parties agree to said modifications and, as a result, job terminations or job changes will occur, the parties shall discuss the appropriate adjustments to be made including a revised pay scale for employees who continue working and severance pay for employees who are terminated. If severance pay is required, the formula set forth in paragraph 32(B) shall be applied.

(3). It is agreed that the introduction of certain modifications will not, in and of itself, require any of the remedies set forth above. By way of example, and not by way of a limitation, it is understood that neither the mere introduction of new equipment (such as an electric for a manual typewriter), nor retraining on advanced equipment (where job skills are not broadened) are modifications requiring any of the remedies set forth above, including an adjustment in the wage scale.

(4). If the parties fail to agree on the EMPLOYER'S program after meeting to discuss same as provided in paragraph (1) above the UNION shall have the right to call for a conference at the ASSOCIATION to discuss the matter. If as a result of the conference there is a dispute concerning the proposed modification(s) the matter shall be submitted to the Impartial Chairman for his decision. Pending the conference, or if the matter is submitted to the Impartial Chairman, pending his decision, neither party shall make any changes in its method of operation or service.

SICK LEAVE

33.

(A). All employees covered by this agreement who have been continuously employed by the EMPLOYER for a period of at least one (1) year shall be entitled to five (5) days sick leave with pay for each calendar year. Effective with the second payroll week of December 1981, and for each succeeding year thereafter, each eligible employee who has not used all his/her sick leave shall receive one day's pay for each unused sick day.

(B).

(1). Employees with less than one (1) year's employment by the EMPLOYER shall not be eligible for sick leave with pay. Sick leave pay shall be prorated in accordance with the number of months worked for all employees who will be employed during the year that are eligible to receive vacation pay for less than a full 12 months.

(2). Sick leave benefits shall not accumulate from one year to the next.

(3). Payment of sick leave is intended solely to provide compensation to employees who are absent from work because of illness or injury. An employee who abuses sick leave benefits shall be subject to disciplinary action.

The UNION agrees to cooperate in preventing and correcting abuses of these sick leave benefits.

(4). Sick leave pay shall not be paid on the employee's scheduled day off, holidays, vacations, or any other day on which the employee is drawing pay for time not worked, or would not have otherwise worked.

(5). An employee absent from work due to illness on a scheduled workday immediately before and/or on the scheduled workday immediately after a holiday or vacation period shall not be eligible for sick pay for said absent workday or workdays.

(C). Sick leave pay shall be calculated in the same manner as holiday pay.

LEAVE OF ABSENCE

34.

(A). An employee who has been employed by an EMPLOYER for five years or more shall be entitled to one leave of absence without pay not to exceed sixty (60) days upon giving two weeks written notice of request for leave of absence to the EMPLOYER and the UNION. The EMPLOYER shall not be required to allow more than one employee in a job classification to be on leave of absence at the same time. If more than one employee in a job classification requests a leave of absence at the same time preference shall be given to the employee with greater seniority.

(B). The EMPLOYER may for good cause defer the time of the commencement of the requested leave of absence.

(C). An employee on leave of absence hereunder shall not take other employment during such leave without the prior written consent of the EMPLOYER.

(D). Leaves of absence under this provision shall not affect seniority rights but the EMPLOYER shall not be obliged to pay the employee on leave of absence for any holidays which fall during the period of such leave.

STUDY COMMITTEE

35. The parties agree to convene joint study committees each consisting of an equal number of members designated by the ASSOCIATION and the UNION to study and report upon problems relating to the following:

A Industry-Wide Benefit Programs

B Wage Equalization

C Industry Training Fund

D Delayed or Cancelled Flights

E Job Posting and Bidding

F Grievance Procedures

G Major Structural Alterations

H Banquet Employees

I Operating Distinctions Between Hotels

J Productivity

Annexed hereto and made a part hereof are directions pursuant to which each of the various study committees shall conduct its investigation and present its report and recommendations to the parties.

In the event that any of the foregoing study committees are unable to reach agreement, within 90 days or such other time as the parties may agree, either party shall have the right to submit the matter to the Impartial Chairman for decision.

(A). The parties recognize (i) the need to continue to provide the variety of benefits offered by the Industry-wide pension, welfare and training programs, (hereinafter called "benefit programs"), (ii) the necessity of maintaining the high standards of quality contained in each of the benefit programs, and (iii) the financial pressures on said program due to inflation. Therefore, the parties will immediately establish a joint study committee to study and formulate the plans required to support, maintain and/or improve each of the benefit programs.

(B). The UNION has insisted that the wages of room attendants and housekeeping attendants be equalized and accordingly, the parties agree to forthwith convene a joint committee to study the equalization of pay of room attendants and housekeeping attendants and shall present its report and recommendations to the parties.

Any program adopted as a result of the aforesaid report shall be incorporated herein as an amendment to this Agreement effective the date agreed upon by the parties.

(C). The parties recognize the significant achievements of the Industry Training Program and the need to maintain the program. Accordingly, the parties agree that the trustees of said program shall at their earliest opportunity study the present conditions of the program, the industry needs and the best method of providing upgrading to the employees employed in the industry. Upon completion of the study the trustees shall adopt a program to meet the needs and requirements of the industry and its employees. In the event the trustees are unable to agree on such a program either party may submit the matter to the Impartial Chairman for decision.

(D). The UNION contends that the earning capacity of Front Service employees and a la carte waiters/waitresses has been adversely affected as a result of the problems encountered by hotels in servicing guests who are affected by delayed or cancelled flights and that therefore the earnings of these employees have been reduced.

The UNION has therefore proposed, and the ASSOCIATION has agreed, to the establishment of a joint study committee to conduct a study of the UNION's claim and report its finding to the parties. The committee is empowered to make specific proposals as to how to deal with the results of their study.

(E). The parties hereto agree to convene a joint study committee to examine the advisability of, and the best method of, if so agreed, establishing a program whereby all job openings shall be posted for bids. The purpose of such a program, if same is found to be needed, would be to enable employees to bid on such openings.

Among the issues to be considered by the committee are seniority, ability, the needs of the hotel, the right of part-time employees to preference over new hires for full time jobs within the classification in which they are employed, and the right of the UNION to file a grievance if a bid request is denied.

The parties recognize the great variety of skills by various groups of employees within the hotels and therefore agree that any program adopted shall provide that bidding, and filling of job openings may, in the employer's discretion be limited to those employees in the same classification.

(F). In order to determine whether the grievance machinery can be improved, the parties agree to forthwith commence a study of all steps of the grievance procedure, including the initiation of grievances at the hotel level, the filing of said unresolved matters with the HOTEL ASSOCIATION and the docketing of same, as needed, with the Impartial Chairman.

The items for consideration by the parties include, but are not limited to, those involving notice, timeliness of filing and rendering of recommendations or decisions as the case may be.

(G). The parties hereto agree to convene a joint study committee to study and report on a revision of Section 10 concerning Major Structural Alterations.

(H). The parties hereto agree to convene a joint study committee to review adjustment in the amount of compensation for banquet employees including vacation pay as set forth in Section 19 of Schedule A(1) and revision of certain work rules in Schedule A(1).

(I). The parties recognize that significant operational distinctions exist between hotels as a result of location, size, market and nature of operation, (i.e. cooperatives, residential, proximity to theatres and shopping). Further, they recognize the need to provide suitable programs for all hotels, which will enable said hotels to remain viable in order to insure their continued operation and employment of members of the Council. Therefore, the parties agree to forthwith convene a study committee to determine the nature of such relief, if any, as may be required to accomplish the recognized needs set forth above.

(J). The parties, in an effort to insure the continued growth of the industry, and in recognition of the ever changing needs and services to be provided to clients of the hotels, as well as the continually changing patterns of operations employed by the industry agree to immediately establish a joint committee to study and formulate such programs as might be required to assist the hotels in attaining greater productivity in order to enable the hotels to offer better services to their guests. Among the areas of study are those of the front service, banquet, housekeeping and front office departments. It is understood, however, that either party may add to the departments to be reviewed by the study committee.

EXPIRATIONS AND RENEWALS

36.

(A). This Agreement shall be effective as of June 1, 1981 except as otherwise specified, and shall continue for a period ending the 31st day of May, 1985. The parties agree that negotiations for a renewal of this Agreement shall begin on the first day of March, 1984.

This Agreement may be executed by hotel and concessionaire EMPLOYERS on separate copies hereof, and all copies hereof, although separately signed, shall be deemed and taken together as constituting one agreement.

(B). It is agreed that the execution of the within contract by the ASSOCIATION and the UNION shall be deemed to immediately supersede, cancel and annul the October 20, 1978 Agreement which, by its terms, was to expire May 31, 1982, save and except for the provisions as set forth in the Supplemental Agreements marked Schedules B, C and D annexed thereto, which, as modified, are merged in the Supplemental Agreements marked Schedule B, C and D annexed hereto. It is further agreed that each Agreement made between the UNION and the members of the ASSOCIATION who become parties to the October 20, 1978 Agreement shall likewise be immediately superseded, cancelled and annulled as to those members who become parties to this Agreement by agreeing to the same.

(C). In the case of all other EMPLOYERS, it is agreed that the execution of the within contract by the EMPLOYER and the UNION shall be deemed to immediately supersede, cancel and annul the October 20, 1978 Agreement which, by its terms, was to expire May 31, 1982, save and except for the provisions as set forth in the Supplemental Agreements marked Schedule B, C and D annexed thereto, which, as modified, are merged in the Supplemental Agreements marked Schedule B, C and D annexed hereto. It is further agreed that each Agreement made between the UNION and the members of the EMPLOYER who become parties to the October 20, 1978 Agreement shall likewise be immediately superseded, cancelled and annulled as to those members who become parties to this Agreement by agreeing to the same.

It is further agreed that with respect to any EMPLOYER that has an agreement with the UNION which by its terms will not expire until May 31, 1982 and who shall fail or refuse to join in the execution of the within Agreement, the old Agreement is to continue in full force and effect until the expiration date thereof, namely May 31, 1982, as though this Agreement had not been made.

AFFILIATED LOCALS

37. The UNION and its several affiliates, namely, Local Union 3 of the International Brotherhood of Electrical Workers; Hotel, Restaurant & Club Employees Union, Local 6 of the Hotel Employees and Restaurant Employees International Union; Local 94, 94A and 94B of the International Union of Operating Engineers; Hotel, Hospital, Nursing Home and Allied Service Employees Union, Local 144 of the Service Employees International Union; Local 56 of the International Brotherhood of Firemen, Oilers and Maintenance Mechanics; Hotel Maintenance Painters, Local 1422 of the Brotherhood of Painters, Decorators and Paperhangers of America; Local Union 153, of the Office and Professional Employees International Union; and Hotel Maintenance Upholstery Workers Union Local 43 of the Upholsterers International Union of North America, hereby agree to be bound by the Provisions of this Agreement, and do signify the same by its execution thereof. All rights, benefits, privileges and/or immunities granted or secured by this Agreement to the UNION or any of its affiliates or members can be enforced only by or through the New York Hotel and Motel Trades Council, the UNION herein.

SUCCESSORS AND ASSIGNS

38. This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, sale, transfer, or assignment of either party hereto or affected, modified, altered or changed in any respect whatsoever by any change of any kind in the legal status, ownership, or management of either party hereto. Any successor EMPLOYER shall assume all of the obligations under this Agreement of the prior operator of the hotel or concession to the employees, the UNION or any of the Funds to which EMPLOYERS are required to contribute hereunder.

SEPARABILITY

39. Should any part hereof or any provision herein contained be rendered or declared illegal or an unfair labor practice by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction or by the decision of any authorized government agency, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof, provided, however, upon such invalidation, the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. The remaining parts or provisions shall remain in full force and effect.

In Witness Whereof, the parties hereto have affixed their hands and seals the day and year first above written.

HOTEL ASSOCIATION OF NEW YORK CITY, INC.

By

Albert A. Formicola,

President

 

 

Association

 

NEW YORK HOTEL AND MOTEL TRADES COUNCIL

By

Vito J. Pitta,

President

 

 

Union

 

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL NO. 3

HOTEL, RESTAURANT & CLUB EMPLOYEES UNION, LOCAL NO. 6 of the HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 94 and 94A

HOTEL, HOSPITAL, NURSING HOME & ALLIED SERVICE EMPLOYEES UNION, LOCAL 144 OF THE SERVICE EMPLOYEES INTERNATIONAL UNION

INTERNATIONAL BROTHERHOOD OF FIREMEN, OILERS AND MAINTENANCE MECHANICS, LOCAL NO. 56

HOTEL MAINTENANCE PAINTERS, LOCAL NO. 1422 OF THE BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA

HOTEL MAINTENANCE UPHOLSTERY WORKERS UNION LOCAL NO. 43 of the UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 153

.........please print(TELEPHONE NUMBER)

By .........(SIGN NAME AND TITLE)

.........(PRINT NAME AND TITLE)

.........(DATE)

ASSOCIATION

By .........(SIGN NAME AND TITLE)

.........(PRINT NAME AND TITLE)

.........(DATE)

UNION

By .........(SIGN NAME AND TITLE)

.........(PRINT NAME AND TITLE)

.........(DATE)

EMPLOYER/OPERATOR

.........please print(LEGAL NAME)

.........please print(TRADE NAME)

.........please print(BUSINESS ADDRESS)

.........please print(OFFICE ADDRESS IF DIFFERENT)

.........please print(TELEPHONE NUMBER)

By .........(SIGN NAME AND TITLE)

.........(PRINT NAME AND TITLE)

.........(DATE)

PROPERTY OWNER (If different from Employer/Operator)

.........please print(LEGAL NAME)

.........please print(TRADE NAME)

.........please print(BUSINESS ADDRESS)

.........please print(OFFICE ADDRESS IF DIFFERENT)

[Schedule 1 omitted]

INSURANCE FUND

SCHEDULE B.

SUPPLEMENTAL AGREEMENT dated 17th day of March, 1981 between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter called the ASSOCIATION, and the operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and concessionaires covered by this Agreement, and who shall become parties hereto by executing this Agreement, or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.

WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and

WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement, the EMPLOYER agreed to contribute sums of money equal to a stated percentage of its payroll to a Fund to be used to provide life, accidental death and dismemberment, accident and health, and hospitalization insurance to employees covered by the Collective Bargaining Agreement, and employed by the EMPLOYER, and hospitalization insurance to the families of such employees, and

WHEREAS, the EMPLOYER, under the award dated September 13, 1944 and under subsequent collective bargaining agreements, made contributions to the Fund to provide for employees covered by the Collective Bargaining Agreement benefits similar to the benefits contemplated by the within Agreement, and hospitalization insurance to the families of such employees, and

WHEREAS, the October 20, 1978 Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue payments to the Fund to provide the benefits hereinafter set forth,

NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions:

1. (A) The term "employees of the EMPLOYER" as used in this Supplemental Agreement means all of the employees of the EMPLOYER who are covered by and are entitled to the benefits of the Collective Bargaining Agreement.

(B). The term "family" as used herein means an employee's spouse and children under the age of 19 years.

2. The EMPLOYER shall continue to pay the Trustees (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of August 1944 as amended on July 1, 1948 and restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Restated Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to three and seventy-five one-hundredths percent (3.75%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages computed as heretofore payable to the employees of the EMPLOYER for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing life, accident and health, and hospitalization insurance to the employees covered by the Collective Bargaining Agreement and employed by the EMPLOYER and hospitalization insurance to the families of such employees. An employer not previously a party to the Collective Bargaining Agreement shall, upon becoming a party to the Collective Bargaining Agreement, pay to the Trustees 61/2% of the wages during the first six months following the effective date of the Agreement in such EMPLOYER'S hotel and 3.75% of the wages thereafter. The EMPLOYER also shall pay to the Trustees an additional One Dollar and Fifty Cents ($1.50) per month for each employee on the EMPLOYER'S payroll on the 15th day of each month, which money shall be utilized to establish an optical program for eligible employees.

3. If the Trustees shall complain that any EMPLOYER has not made full payment to the Trustees as set forth in paragraph No. 2 hereof, such complaint shall be filed with the Impartial Chairman named in the Collective Bargaining Agreement and the Impartial Chairman shall make the necessary findings and award and his decision shall be final and binding on the parties. Any EMPLOYER delinquent in contributions shall be required to pay said contributions and any audit or accounting fees in connection therewith if said delinquent contributions are paid prior to the institution of legal or arbitration proceedings. Any EMPLOYER against whom legal or arbitration proceedings are instituted shall be required to pay in addition to the amount of the delinquency, interest at the then legal rate, audit fees, liquidated damages in the amount of 20% of the amount of the delinquency, attorneys fees and costs.

4. No employee shall have the option to receive instead of the insurance benefits any part of the contribution of the EMPLOYER. No employee shall have the right to assign the insurance benefits or any other benefits to which he or she may be or become entitled under the Restated Agreement and Declaration of Trust or to receive a cash consideration in lieu of such benefits either upon termination of the trust therein created, or through severance of employment or otherwise.

5. During the term of this Supplemental Agreement the UNION obligates itself to enter into no contract or agreement whereby any EMPLOYER engaged in the hotel business in the City of New York will not be obligated to pay the amount required to be paid to the Trustees as set forth in Paragraph No. 2 hereof. During the term of this Supplemental Agreement, the UNION agrees to insert a clause in all of its Collective Bargaining Agreements with hotels employing members of the UNION engaged in the hotel business in the City of New York to the effect that the hotel shall pay to the Trustees under the Restated Agreement and Declaration of Trust the sums set forth in paragraph No. 2 hereof (as the same may from time to time be modified according to the

terms hereof), to be applied under the Restated Agreement and Declaration of Trust. This paragraph may be waived by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION.

6. (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Restated Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for arbitration) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.

(B). The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law, in equity, or in bankruptcy for the purpose of effectuating the collection of any sums due to them from the EMPLOYER under the provisions of paragraph No. 2.

(C). The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision, payroll records shall include but not be limited to employee time cards, individual employee earning records, Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.

(D). In the event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the Impartial Chairman for determination.

7. In the event that legislation is enacted by the Federal, State or Municipal Governments levying a tax or other exaction upon the EMPLOYER for the purpose of establishing a Federally, State or Municipally administered system of life, health and accident, or hospitalization insurance under which the employees of the EMPLOYER are insured, the EMPLOYER shall be credited, against the sums payable under paragraph No. 2 for each pay period with the amount of such tax or exaction payable by it for such pay period.

8. The provisions of this Supplemental Agreement shall remain in full force and effect for the full term of the Collective Bargaining Agreement, but shall terminate and come to an end with the Collective Bargaining Agreement, or prior thereto by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION, or, in the case of a non-ASSOCIATION hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATION or concessionaire EMPLOYER and the UNION.

9. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER, or due from the EMPLOYER, under the provisions of the Award by the Commission dated September 13, 1944 and under subsequent collective bargaining agreements and in the hands of the Trustees as of the date of this Supplemental Agreement (and not, as of the date of this Supplemental Agreement, already applied to the purchase of insurance benefits for employees), and in whatever form or investments such contributions shall be, shall be deemed to be covered and controlled by, and embraced in and applied under, the terms of the within Supplemental Agreement and the Restated Agreement and Declaration of Trust, free from all rights and claims therein and thereto on the part of any EMPLOYER or of the UNION, with the same force and effect as if such contributions, in whatever form the same may be, had been contributed by the EMPLOYER immediately after the execution of the within Supplemental Agreement.

10. The primary purpose of the Supplemental Agreement and the Restated Agreement and Declaration of Trust being to provide a practical plan for insurance and hospitalization benefits for employees and hospitalization benefits for the families of such employees, it is understood that the form of the plan, and of this Supplemental Agreement and of the Restated Agreement and Declaration of Trust, shall not give rise to a literal or formal interpretation or construction; such interpretation or construction shall be placed on this Supplemental

Agreement and the Restated Agreement and Declaration of Trust as will assist in the functioning of the plan, for the benefit of employees, regardless of form.

11. In no event will the EMPLOYER be entitled to the return of any part of any contribution hereafter made hereunder, or heretofore made under the prior Award of the Commission hereinabove referred to or under collective bargaining agreements.

12. Regardless of the date on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 1, 1978 with the same force and effect as if it had been actually executed on that date. The within Supplemental Agreement shall, in all things, supersede the aforesaid prior Award of the Commission.

13. Neither the execution of this Agreement nor any provision herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or contributions provided for in the Commission's Award of September 13, 1944, or in collective bargaining agreements, and not yet paid to the Trustees under the terms of said Commission's Award or under collective bargaining agreements.

14. For the purpose of calculating contributions, wages shall be defined as including vacation pay, overtime pay, holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an employee's wages commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet waiters' and waitresses' tips.

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

PENSION FUND

SCHEDULE C.

SUPPLEMENTAL AGREEMENT dated the 17th day of March, 1981 between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter called the ASSOCIATION, and the operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and concessionaires covered by this Agreement and who shall become parties hereto by executing this Agreement or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.

WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and

WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement, the EMPLOYER agreed to contribute sums of money equal to a stated percentage of its payroll to a Fund to be used to provide pensions to employees covered by the Collective Bargaining Agreement employed by the EMPLOYER, and

WHEREAS, the EMPLOYER, under the Supplemental Agreement dated June 19, 1952, and subsequent collective bargaining agreements, made contributions to the Fund to provide pensions for employees covered by the Collective Bargaining Agreement and

WHEREAS, the October 20, 1978 Collective Bargaining Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue the payment to the Fund to provide the benefits hereinafter set forth.

NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions:

1. The term "employees of the EMPLOYER" as used in this Supplemental Agreement, means all of the employees of the EMPLOYER who are covered by and entitled to the benefits of the Collective Bargaining Agreement and employees of the New York Hotel and Motel Trades Council and contributing local unions affiliated with the New York Hotel and Motel Trades Council.

2. The EMPLOYER shall continue to pay to the Trustees of the New York Hotel Trades Council and Hotel Association of New York City, Inc., Pension Fund (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of the 17th day of December 1952, as amended and as restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the term and provisions of which Restated Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to five percent (5%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages payable to the employees of the EMPLOYER for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing pensions to the employees covered by the Collective Bargaining Agreement employed by the EMPLOYER.

The EMPLOYER agrees to increase its contribution to the Pension Fund in order to meet the requirements of the Employees Retirement Income Security Act (ERISA) of 1974 by such amount as is finally determined upon completion of an actuarial valuation.

3. If the Trustees shall complain that any EMPLOYER has not made full payment to the Trustees as set forth in Paragraph 2 hereof, such complaint shall be filed with the Impartial Chairman named in the Collective Bargaining Agreement and the Impartial Chairman shall make the necessary findings and award and his decision shall be final and binding on all parties. Any EMPLOYER delinquent in contributions shall be required to pay said contributions and any audit or accounting fees in connection therewith if said delinquent contributions are paid prior to the institution of legal or arbitration proceedings. Any EMPLOYER against whom legal or arbitration proceedings are instituted shall be required to pay in addition to the amount of the delinquency, interest at the then legal rate, audit fees, liquidated damages in the amount of 20% of the amount of the delinquency, attorneys fees and costs.

4. No employee shall have the option to receive any of the pension fund benefits other than those specifically provided for in the Pension Plan to be promulgated and adopted by the Trustees. No employee shall have any right to assign any benefits to which he or she may be or become entitled under the Restated Agreement and Declaration of Trust or any pension plan or to receive a cash consideration in lieu of such benefits either upon the termination of the trust therein created or through severance of employment or otherwise.

5. During the term of this Supplemental Agreement the UNION obligates itself to enter into no contract or agreement whereby any EMPLOYER (including concessionaires in hotels) engaged in the hotel business in the City of New York will not be obligated to pay the amount required to be paid to the Trustees as set forth in Paragraph 2 hereof. During the term of this Supplemental Agreement the UNION agrees to insert a clause in all of its Collective Bargaining Agreements with hotels (including concessionaires in hotels) employing members of the UNION engaged in the hotel business in the City of New York to the effect that the hotel shall pay to the Trustees the sums set forth in Paragraph 2 hereof (as the same may from time to time be modified according to the terms hereof), to be applied under the Restated Agreement and Declaration of Trust. This paragraph may be waived by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION.

6. (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Restated Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for

arbitration) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.

(B). The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law, in equity, or in bankruptcy for the purpose of effectuating the collection of any sums due to them from the EMPLOYER under the provisions of Paragraph 2.

(C). The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision payroll records shall include but not be limited to employee time cards, individual employee earning records, Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.

(D). In the event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the Impartial Chairman for determination.

7. The provisions of this Supplemental Agreement shall remain in full force and effect for the full term of the Collective Bargaining Agreement or any extensions or renewal thereof, but shall terminate and come to an end with the Collective Bargaining Agreement or prior thereto by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION, or, in the case of a non-ASSOCIATION hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATION hotel or concessionaire EMPLOYER and the UNION.

8. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER or due from the EMPLOYER under the provisions of the Supplemental Agreement dated June 19, 1952 and under subsequent collective bargaining agreements and in the hands of the Trustees as of the date of this Supplemental Agreement and in whatever form or investments such contributions shall be, shall be deemed to be covered and controlled by, and embraced in and applied under the terms of the within Supplemental Agreement and the Restated Agreement and Declaration of Trust, free from all rights and claims therein and thereto on the part of any EMPLOYER or of the UNION, with the same force and effect as if such contributions, in whatever form the same may be, had been contributed by the EMPLOYER immediately after the execution of the within Supplemental Agreement.

9. The primary purpose of this Supplemental Agreement and the said Restated Agreement and Declaration of Trust being to provide within the limits of the contributions provided for herein, a practical plan for benefits for employees upon their retirement, it being understood that the form of the plan, and of this Supplemental Agreement and of the Restated Agreement and Declaration of Trust, shall not give rise to a literal or formal interpretation or construction; such interpretation or construction shall be placed on this Supplemental Agreement, and the Restated Agreement and Declaration of Trust, as will assist in the functioning of the plan, for the benefit of employees, regardless of form.

10. In no event will the EMPLOYER be entitled to the return of any part of any contribution hereafter made hereunder, or heretofore made under the Supplemental Agreement dated June 19, 1952, or any subsequent collective bargaining agreement.

11. Regardless of the date on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 1, 1978 with the same force and effect as if it had been actually executed on that date. The within Supplemental Agreement shall in all things supersede the aforesaid prior Supplemental Agreement.

12. Neither the execution of this Agreement nor any provision herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or

contributions provided for in the Supplemental Agreement dated June 19, 1952, or any collective bargaining agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.

13. In the event that the obligation of the EMPLOYERS to make EMPLOYER contributions shall terminate, or upon the liquidation of the Trust Estate, the Trustees shall continue to apply the Trust Estate to the purposes specified in Paragraph 2 hereof and none other, and upon the disbursement of the entire Trust Estate this Trust shall terminate.

14. For the purpose of calculating contributions, wages shall be defined as including vacation pay, overtime pay, holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an employee's wages commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet waiters' and waitresses' tips.

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

UNION FAMILY MEDICAL FUND

SCHEDULE D.

SUPPLEMENTAL AGREEMENT dated the 17th day of March, 1981 between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter called the ASSOCIATION, and operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and concessionaires covered by this Agreement, and who shall become parties hereto by executing this Agreement, or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.

WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and

WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement the EMPLOYER agreed to contribute to a Fund to be used to provide medical care to employees and to the families of the employees, and

WHEREAS, the EMPLOYER, under previous collective bargaining agreements, made contributions to the said Fund, and

WHEREAS, the October 20, 1978 Collective Bargaining Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue the payments to the Fund to provide the benefits hereinafter set forth.

NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions.

1. (A) The term "employees of the EMPLOYER" as used in this Supplemental Agreement means all of the employees of the EMPLOYER who are covered by and are entitled to the benefits of the Collective Bargaining Agreement and employees of the New York Hotel Trades Council and Hotel Association of New York City Insurance Fund, New York Hotel Trades Council and Hotel Association of New York City, Inc. Pension Fund, Union Family Medical Fund of the Hotel Industry of New York City, New York Hotel and Motel Trades Council and Hotel Association of New York City, Inc. Dental Fund, New York Hotel and Motel Trades Council and Hotel Association Industry Training Fund, New York Hotel and Motel Trades Council, and contributing Local Unions affiliated with the New York Hotel and Motel Trades Council.

(B). The term "family" as used herein means an employee's spouse and children under the age of 19 years.

2. The EMPLOYER shall continue to pay to the Trustees of the Union Family Medical Fund of the Hotel Industry of New York City (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of July 10, 1957 as restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Restated Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to two and seventy-five one-hundredths per cent (2.75%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages computed as heretofore payable to the employees of the Employer for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing medical care to employees and their families.

3. If the Trustees shall complain that any EMPLOYER has not made full payment to the Trustees as set forth in paragraph No. 2 hereof, such complaint shall be filed with the Impartial Chairman named in the Collective Bargaining Agreement and the Impartial Chairman shall make the necessary findings and award and his decision shall be final and binding on the parties. Any EMPLOYER delinquent in contributions shall be required to pay said contributions and any audit or accounting fees in connection therewith if said delinquent contributions are paid prior to the institution of legal or arbitration proceedings. Any EMPLOYER against whom legal or arbitration proceedings are instituted shall be required to pay in addition to the amount of the delinquency, interest at the then legal rate, audit fees, liquidated damages in the amount of 20% of the amount of the delinquency, attorneys fees and costs.

4. No employee and no member of an employee's family shall have the option to receive instead of the benefits any part of the contribution of the EMPLOYER. No employee and no member of an employee's family shall have the right to assign any benefits to which he or she may be or become entitled under the Restated Agreement and Declaration of Trust or to receive a cash consideration in lieu of such benefits either upon termination of the trust therein created, or through severance of employment or otherwise.

5. During the term of this Supplemental Agreement, the UNION obligates itself to enter into no contract or agreement whereby any EMPLOYER engaged in the hotel business in the City of New York will not be obligated to pay the amount required to be paid to the Trustees as set forth in paragraph No. 2 hereof. During the term of this Supplemental Agreement, the UNION agrees to insert a clause in all of its Collective Bargaining Agreements with hotels employing members of the UNION engaged in the hotel business in the City of New York to the effect that the hotel shall pay to the Trustees under the Restated Agreement and Declaration of Trust the sums set forth in paragraph No. 2 hereof (as the same may from time to time be modified according to the terms hereof), to be applied under the Restated Agreement and Declaration of Trust. This paragraph may be waived by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION.

6. (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Restated Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for arbitration) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.

(B). The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law, in equity, or in bankruptcy for the purpose of effectuating the collection of any sums due to them from the EMPLOYER under the provisions of paragraph No. 2.

(C). The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision payroll records shall include but not be limited to employee time cards, individual employee earning records, Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.

(D). In the event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the Impartial Chairman for determination.

7. The provisions of this Supplemental Agreement shall remain in full force and effect for the full term of the Collective Bargaining Agreement, but shall terminate and come to an end with the Collective Bargaining Agreement, or prior thereto by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION, or, in the case of a non-ASSOCIATION hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATION hotel or concessionaire EMPLOYER and the UNION.

8. The primary purpose of the Supplemental Agreement and the Restated Agreement and Declaration of Trust being to provide a practical plan of medical care for employees and their families, it is understood that the form of the plan, and of this Supplemental Agreement and of the Restated Agreement and Declaration of Trust, shall not give rise to a literal or formal interpretation or construction; such interpretation or construction shall be placed on this Supplemental Agreement and the Restated Agreement and Declaration of Trust as will assist in the functioning of the plan, for the benefit of the families of employees, regardless of form.

9. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER or due from the EMPLOYER under the provisions of the Supplemental Agreement dated July 10, 1957 and under subsequent collective bargaining agreements and in the hands of the Trustees as of the date of this Supplemental Agreement and in whatever form or investments such contributions shall be, shall be deemed to be covered and controlled by, and embraced in and applied under the terms of the within Supplemental Agreement and the Restated Agreement and Declaration of Trust, free from all rights and claims therein and thereto on the part of any EMPLOYER or of the UNION, with the same force and effect as if such contributions, in whatever form the same may be, had been contributed by the EMPLOYER immediately after the execution of the within Supplemental Agreement.

10. In no event will the EMPLOYER be entitled to the return of any part of any contribution hereafter made hereunder.

11. Regardless of the date on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 1, 1978 with the same force and effect as if it had been actually executed on that date.

12. For the purpose of calculating contributions, wages shall be defined as including vacation pay, overtime pay, holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an employee's wages commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet waiters' and waitresses' tips.

13. Neither the execution of this agreement or any provision herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or contributions provided for in the Supplemental Agreement dated July 10, 1957, or any collective bargaining agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

FAMILY DENTAL FUND

SCHEDULE E.

SUPPLEMENTAL AGREEMENT dated the 17th day of March, 1981 between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter called the ASSOCIATION, and operators of hotels who are Active Members of the Association, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and concessionaires covered by this Agreement, and who shall become parties hereto by executing this Agreement, or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.

WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and

WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement the EMPLOYER agreed to contribute to a Fund to be used to provide dental care to employees and to the families of the employees, and

WHEREAS, the EMPLOYER, under previous collective bargaining agreements, made contributions to the said Fund, and

WHEREAS, the October 20, 1978 Collective Bargaining Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue the payments to the Fund to provide the benefits hereinafter set forth.

NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions.

1. (A) The term "employees of the EMPLOYER" as used in this Supplemental Agreement means all of the employees of the EMPLOYER who are covered by and are entitled to the benefits of the Collective Bargaining Agreement.

(B). The term "family" as used herein means an employee's spouse and children under the age of 19 years.

2. The EMPLOYER shall continue to pay to the Trustees of the New York Hotel and Motel Trades Council and Hotel Association of New York City, Inc. Dental Fund (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of May 13, 1977 (a copy of which Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to two per cent (2%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages computed as heretofore payable to the employees of the Employer for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Agreement and Declaration of Trust, for the purpose of providing dental care to employees and their families.

3. If the Trustees shall complain that any EMPLOYER has not made full payment to the Trustees as set forth in paragraph No. 2 hereof, such complaint shall be filed with the Impartial Chairman named in the Collective Bargaining Agreement and the Impartial Chairman shall make the necessary findings and award and his decision shall be final and binding on the parties. Any EMPLOYER delinquent in contributions shall be required to pay said contributions and any audit or accounting fees in connection therewith if said delinquent contributions are paid prior to the institution of legal or arbitration proceedings. Any EMPLOYER against whom legal or arbitration proceedings are instituted shall be required to pay in addition to the amount of the delinquency, interest at the then legal rate, audit fees, liquidated damages in the amount of 20% of the amount of the delinquency, attorneys fees and costs.

4. No employee and no member of an employee's family shall have the option to receive instead of the benefits any part of the contribution of the EMPLOYER. No employee and no member of an employee's family shall have the right to assign any benefits to which he or she may be or become entitled under the Agreement and Declaration of Trust or to receive a cash consideration in lieu of such benefits either upon termination of the trust therein created, or through severance of employment or otherwise.

5. During the term of this Supplemental Agreement, the UNION obligates itself to enter into no contract or agreement whereby any EMPLOYER engaged in the hotel business in the City of New York will not be obligated to pay the amount required to be paid to the Trustees as set forth in paragraph No. 2 hereof. During the term of this Supplemental Agreement, the UNION agrees to insert a clause in all of its Collective Bargaining Agreements with hotels employing members of the UNION engaged in the hotel business in the City of New York to the effect that the hotel shall pay to the Trustees under the Agreement and Declaration of Trust the sums set forth in paragraph No. 2 hereof (as the same may from time to time be modified according to the terms hereof), to be applied under the Agreement and Declaration of Trust. This paragraph may be waived by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION.

6. (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for arbitration) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.

(B). The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law, in equity, or in bankruptcy for the purpose of effectuating the collection of any sums due to them from the EMPLOYER under the provisions of paragraph No. 2.

(C). The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision payroll records shall include but not be limited to employee time cards, individual employee earning records, Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.

(D). In the event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the Impartial Chairman for determination.

7. The provisions of this Supplemental Agreement shall remain in full force and effect for the full term of the Collective Bargaining Agreement, but shall terminate and come to an end with the Collective Bargaining Agreement, or prior thereto by an instrument in writing executed by the Board of Directors of the HOTEL ASSOCIATION OF NEW YORK CITY, INC., and the UNION, or in the case of a non-ASSOCIATION hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATION hotel or concessionaire EMPLOYER and the UNION.

8. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER or due from the EMPLOYER under the provisions of the previous Collective Bargaining Agreement and in the hands of the Trustees as of the date of this Supplemental Agreement and in whatever form or investments such contributions shall be, shall be deemed to be covered and controlled by, embraced in and applied under the terms of the within Supplemental Agreement and the Agreement and Declaration of Trust, free from all rights and claims therein and thereto on the part of any EMPLOYER or of the UNION, with the same force and effect as if such contribution, in whatever form the same may be, had been contributed by the EMPLOYER immediately after the execution of the within Supplemental Agreement.

9. The primary purpose of the Supplemental Agreement and the Agreement and Declaration of Trust being to provide a practical plan of dental care for employees and their families, it is understood that the form of the plan, and of this Supplemental Agreement and of the Agreement and Declaration of Trust, shall not give rise to a literal or formal interpretation or construction; such interpretation or construction shall be placed on this Supplemental Agreement and the Agreement and Declaration of Trust as will assist in the functioning of the plan, for the benefit of the families of employees, regardless of form.

10. In no event will the EMPLOYER be entitled to the return of any part of any contribution hereafter made hereunder.

11. Regardless of the date on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 1, 1978 with the same force and effect as if it had been actually executed on that date.

12. For the purpose of calculating contributions, wages shall be defined as including vacation pay, overtime pay, holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an employee's wages commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet waiters' and waitresses' tips.

13. Neither the execution of this agreement or any provision herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or contributions provided for in the previous Collective Bargaining Agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

ADDENDUM I

To: Hotel Association of New York City, Inc.:

In connection with the Agreement which we have this day executed, we submit that it is intended that Section 17 of the Agreement covers all of the points set forth in the following paragraphs:

"The UNION and the employees agree that they will not, at any time, either directly or indirectly, interfere with or prevent the EMPLOYER from purchasing merchandise or any service requirements which it may desire from any source whatsoever because of the employment by the said source of non-members of a union or non-union workers, and the UNION and the employees further agree that they will not refuse to handle, sell, deliver or work on any such merchandise which may be so purchased.

"The UNION and the employees further agree that they will not call, participate in or sanction any sympathy strike of the employees because the EMPLOYERS purchase any merchandise manufactured by or any service requirements supplied by non-members of a union or by EMPLOYERS of non-union workers or because it has such merchandise manufactured for it by non-members of a union or employers of non-union workers. Such a strike shall be in violation of this Agreement.

"The UNION and the employees further agree that they will not call upon the EMPLOYER to participate or assist in the enforcement of any public or silent boycott against any product sold or offered for sale, or used by the EMPLOYER.

"In the event any dispute shall arise with respect to any of the foregoing provisions, the same shall be submitted to the Impartial Chairman as any other dispute in this Agreement."

We further wish to submit that it is intended that employees to be classified as in the "Maintenance Department" shall include those engaged in doing plastering, mason work, tile setting, lathing and cement work; carpentry; plumbing and steamfitting, upholstering and mattress making; painting, furniture varnishing and paperhanging; operating and maintaining house radio systems; mechanical work on elevators; machine work, locksmithing and key work; silversmithing, coppersmithing and tinsmithing, boiler repair work.

The painting, decorating and paperhanging includes the service of painting, decorating, woodfinishing, paperhanging, and preparatory work incidental to each of the aforementioned as follows:

(a). The service of painting and decorating means the application of all paint and painting material of every description in and on all parts of the hotel.

(b). The service of paperhanging includes the application and/or installation of wallpaper, hangings and decorating materials of every kind or description applied directly to any surface in the hotel.

(c). Woodfinishing and polishing. The removal of all wood surfaces, cleaning, refinishing, varnishing and polishing of furniture and wood fixtures in the hotel.

An Electrician is one who installs, adds to, repairs or maintains any electric conduits, equipment, machines, fixtures, or electrical devices, that carry conductors that will or do carry an electrical current.

NEW YORK HOTEL AND MOTEL TRADES COUNCIL

Faithfully Yours,

By Vito J. Pitta, President

Dated: March 17, 1981

ADDENDUM II

To Hotel Association of New York Inc.:

In consideration of your execution of the agreement (hereinafter referred to as the Hotel Association contract) between Hotel Association of New York City, Inc., New York Hotel and Motel Trades Council and various members of the Hotel Association, it is understood and agreed that if New York Hotel and Motel Trades Council and/or any of its affiliates shall make an agreement or other arrangement with another hotel association and/or with an individual hotel owner in the City of New York which does not include the union shop and/or check-off or which contains provisions in lieu thereof or contains other provisions and terms which you may consider more favorable than the terms of the Hotel Association contract, whether or not such terms and provisions would be construed by the Impartial Chairman as benefits or aids within the meaning of Paragraph 18 of said contract, then, in such event, you shall have the right to be released from the Hotel Association contract upon signing such other agreement; or if all EMPLOYERS who shall have signed the Hotel Association contract accept the provisions of such other agreement, then the Hotel Association contract shall be deemed amended so as to conform thereto without further action, and any provisions of the Hotel Association contract inconsistent therewith shall be of no further force and effect.

NEW YORK HOTEL AND MOTEL TRADES COUNCIL

Faithfully Yours,

By Vito J. Pitta, President

Dated: March 17, 1981

ADDENDUM III

Notice to all Contributing Employers of The New York Hotel Trades Council and Hotel Association of new York City, Inc. Pension Fund:

The Multiemployer Pension Plan Amendments Act of 1980 ("the Act") imposes a potential liability upon an employer who "withdraws" as a contributing employer from a pension fund. "Withdrawals" and the acts/conditions/circumstances occasioning same are defined in the Act. In general, a contributing employer "withdraws" when it ceases to be obligated to make periodic contributions to a pension fund due to a cessation or, in some cases, a dimunition of operations or after a sale, transfer of its business, or after a union is decertified

as bargaining agent. All contributing employers are urged to obtain legal advice as to the foregoing withdrawal liability.

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Keywords: legal forms, new york city, collective bargaining

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