update to the I.W.A.  Industry Wide Agreement

New Section 20(B): SUBSTITUTE EMPLOYEES

New employees hired solely to substitute ("substitute employee") for an employee on leave of absence, illness or injury, shall be considered casual employees and, pursuant to Section 23(A)(l) of the I.W.A., such employees will not accrue seniority during the period of their "substitute employment."

At such time as the employee on leave of absence, illness, or injury returns to work, the substitute employee maybe laid off by the employer and such layoff shall not prohibit the assignment of work on an overtime basis (or extra rooms in the case of housekeeping employees) to employees working in the same job classification as the substitute employee.

In the event the substitute employee is laid off after the expiration of sixty (60) days of work, he/she shall retain recall rights in his/her classification for the length of his/her actual employment

In the event the substitute employee is laid off after the expiration of twenty-six (26) weeks, he/she shall have recall and all other rights in accordance with the I.W.A.

Extra Housekeeping and Banquet Employees

A. Two weeks after ratification by both parties, the Employer shall be entitled to hire "extra" employees only in the job classifications of A.M. room attendant, P.M. room attendant, housekeeping attendant, and banquet steward.

B . The number of "extra" employees permitted to be employed hereunder within each of the aforementioned job classifications shall not exceed ten percent (10%) of the then current number of full-time employees in each of the aforementioned job classifications or one (1) employee, whichever is greater.

C. No employee on the Employer's payroll on or before the effective date of this provision shall be converted to "extra" status.

D . All "extra" employees will be subject to all terms and conditions of employment set forth in the Industry Wide Agreement with the following exceptions:

  1 . The Employer shall be permitted to schedule and call in "extra" employees to work without five (5) days' written notice to such "extra" employees as required by Section 11 of the I.W.A.
  2. The Employer will not he required to give such "extra" employees notice of layoff, recall, reduced work week or schedule change as otherwise required by Section 23 of the I.W.A, and Section 7 of the 1995 Memorandum of Agreement.
  3. The Employer shall be required to pay "extra" employees one and one-quarter (1 1/4) premium pay for all hours worked unless, notwithstanding the provisions of Paragraph D Subparagraph 2 hereof, said employees receive a notice of schedule in accordance with the I.W.A. to work a full work week and are offered a full work week, la such case, the employees will be paid at straight time for the full work week.

E. "Extra" employees will not "be scheduled for or called in to work if any full-time or regular part-time employees hi the aforementioned job classifications are On layoff or reduced work week,

F. All "extra" employees shall accrue seniority and shall be scheduled for and called in to work on the basis of strict seniority.

G. "Extra" employees shall be eligible to fill full-time or regular part-time job openings in their job classifications on the basis of strict seniority.

H. The Employer will keep a record of all calls made for the purpose of scheduling and
calling in "extra" employees to work using the form attached hereto entitled "Extra Call-in Sheet."

I. The Employer acknowledges that due to the irregularity and uncertainty with which "extra" employees may be scheduled and called in to work, "extra" employees may be frequently unavailable or unable to work when requested to do so by the Employer. Such employees shall not be disciplined or otherwise suffer a loss of future job opportunities because of such inability or unavailability to work on request by the Employer.
Notwithstanding the foregoing, the Employer shall be entitled to replace an "extra employee" when such Employee demonstrates his/her unavailability other than on a reasonable basis.

The provisions of Section 47 of the I.W.A. to the contrary notwithstanding, the following shall pertain to:

Steady Banquet Job Openings

 A. Hiring Procedure

Effective as of July 1,2001, all openings for banquet B-list jobs, and in the case of hotels which do not have a banquet B-list, banquet A-list jobs, henceforth to be referred to as "steady banquet job openings shall be filled in accordance with the following procedure:

1. The Employer shall Immediately notify the Union of any such job openings and the Union shall post notice of such job openings on a dedicated bulletin board at the Union's headquarters.

2. Employees who are certified as eligible to apply for such job openings, in accordance with the rules set forth in Paragraph B hereof, shall submit their applications to the Union no later than one (1) week after said job opening has been posted by the Union.

3. The Union shall transmit to the Employer all applications for the job opening which were submitted by employees who are certified eligible in accordance with the rules set forth in Paragraph B hereof.

4. The Employer shall interview every employee certified as eligible who is referred for a job opening. The Employer shall decide which applicant to hire and shall notify the Union in writing of the identity of the person hired three (3) days prior to hiring said applicant. Once an Employer interviews an employee certified as eligible, the Employer is not required to reinterview said person for future job openings for twelve (12) months.

B. Certification of Eligibility to Apply

1. All employees registered with Roll-Call prior to the effective date of this Agreement shall be deemed certified as eligible to apply for steady banquet job openings.

2. Except as provided in Subparagraph 1 of this Paragraph B, any person who (during the five (5) year period prior to the posting of the opening) does not have at least one (1) year of experience working in a position covered by this Agreement for an employer signatory to this Agreement, shall not be certified as eligible to apply for any steady banquet job opening.

3. A list of current Roll-Call servers who are deemed certified under this provision is attached.

4. The ITP shall certify as eligible all applicants who the UP determines possess the requisite skills and ability.

C. Banquet Training

1. The Industry Training Program shall screen, examine and certify applicants in accordance with reasonable, objective, uniformly applied, non-discriminatory criteria, procedures and standards which the ITP shall establish.
2. The Industry Training Program shall establish a training course to help employees who are eligible to enroll in ITP to acquire the banquet service skills needed to obtain eligibility for employment.
3. Applicants who have not been certified as eligible to apply for steady banquet job
openings in accordance with the rules set forth in Paragraph B hereof and who are eligible to enroll in ITP may register for said banquet training course.
4. Training opportunities shall be provided in the order of registration on a "first come first serve" basis. Applicants who successfully complete the ITP banquet training course and obtain certification shall be permitted to apply for steady banquet job openings.

D. Eligibility Notification

1. The Industry Training Program shall promptly notify Hotels of the identity of applicants who are certified as eligible to be utilized as banquet servers.

Extra Banquet Work

A. Protection of rights of current roll-call employees

1. All persons registered with roll-call on or before the effective date of this Agreement ("current roll-call employees") shall continue in such status, subject to annual re-registration, and shall continue to enjoy the same right to be offered extra banquet work.
2. In order to provide current roll-call employees with greater opportunity to obtain extra banquet work, effective as of the date of this Agreement, the roll-call list shall be "frozen" and no other person will be added to the roll-call list.

B. Banquet job opportunities for non-banquet personnel

1. In order to provide equal employment opportunity for advancement to all hotel employees working in the industry, the Employer shall be permitted to establish, a banquet C-list,
2. The banquet C-list shall consist only of employees covered by this Agreement and
working for the Employer in job classifications (other than banquet servers) who desire to work as extra banquet servers,
3. The number of C-list servers shall not exceed one hundred percent (100%) of the
Employer's B-List. In the event the number of C-list servers is insufficient, the Employer shall notify the Union and the parties shall meet to discuss an increase. In order to seek an increase of the C-list, the Employer must have a B-list which is 60% of its A-list.
4. In the event, after the Employer's utilization of its A-list, B-list and roll-call referred servers, there is not a sufficient number of servers to staff a banquet function, all remaining banquet server work for the function shall be staffed from the Employer's C- list.
5. Banquet server work shall be offered to the C-list on a rotation basis as is customary and standard in the industry.
6. The Union and the Employer shall mutually agree upon reasonable and fair procedures for notifying C-list servers of available extra banquet work and for offering such work to members of the C-list.
7. The Employer shall notify the Union in writing that an employee has been added to its C-list not less than five (5) business days prior to scheduling said employee to work any banquet function..
8. No employee of the Employer shall be compelled to register to work as a C-list employee.
9. Assignment of C-list servers to work any banquet function shall be voluntary.
10. The Employer is not required to offer extra banquet work where overtime or premium pay
would be incurred or where the offer conflicts with the employee's regular schedule.

ACCOMMODATING EMPLOYEES' REQUESTS FOR SCHEDULE CHANGES

   Section 11(G) of the IWA and Paragraph 12 of the July 1,1995 Memorandum of Understanding (1995 M.O.U.) shall be modified, as follows:

   Unless required by law, overtime shall not be paid where an employee or employees, subject to the written approval by the Employer, mutually agree in writing to change their schedules or days off under conditions which would otherwise result in overtime, This waiver shall also apply to any scheduling premiums or notice period under the CBA if the change is mutually agreed upon pursuant to this provision.
 

 If one or more employee(s) refuse(s) to agree to the change in schedule or days off, and said change is nonetheless instituted by the Employer in accordance with the scheduling provisions of the IWA only the employee who did not agree to the change shall be paid overtime.

Add the following to Section 59 (Successors and Assigns)

   Employer shall make it a written materiel condition of any transaction of any kind whatsoever which transfers majority ownership, management or operational control of the Hotel such that the party ("transferee") assuming such majority ownership, management or operational control must assume and be bound in writing to this Agreement.

   Not less than five (5) business days prior to the closing of the transaction, the Employer shall give the Union notice in. Writing of the transaction between the Employee and the transferee and the notice to the Union will provide the full and complete identity of the transferee, together with a duly executed copy of the pertinent portion of the transaction agreement between the Employer and the transferee pursuant to which the transferee agrees to assume this Agreement.
  

   Said notice will be held by the Union in strict confidence and, the Union, upon request of the Employer, will agree to a confidentiality pledge upon terms mutually acceptable to the Employer and the Union, provided however that such confidentiality pledge will be ineffective upon the Employer's violation of this Section 59. If the Union is provided with a signed copy of the portion of the agreement where the transferee agrees to assume this agreement, the Union will not contact the transferee prior to the closing.
  

   The Employer and Union agree that if a determination, is made by the Impartial Chairman that a violation of Section 59 has occurred, then In such case, the violation, will be deemed to be irreparably harmful to the Union and its members. In such event, .the Union may seek such relief as is necessary to redress and remedy such violation and irreparable harm, including but not limited to the award of monetary damages and/or injunctive relief either from the Office of the Impartial Chairman, the National Labor Relations Board, a court of competent jurisdiction or such other forum as deemed appropriate by the Union..

ACCRETION

   EMPLOYER agrees to the accretion of any and all hotel or concessionaire properties which come to be owned and/or managed in the New York City area to the bargaining unit(s) presently or hereafter covered by the Industry Wide Agreement or any successor collective bargaining agreement thereto, and that all of the terms and conditions set forth in the Industry Wide Agreement or its successor shall be immediately applicable to the accreted bargaining unit(s).

   The parties acknowledge that they have negotiated and exchanged valuable consideration in reliance upon the lawfulness and validity of their agreement but recognize the complexity and change inherent in the legal doctrine of accretion. Nevertheless, in the event that any accretion at a hotel or concessionaire pursuant to these provisions, applied to the fullest extent of that legal doctrine, should be ruled ineffective, invalid, or unenforceable by competent legal authority, then the parties hereby agree that the neutrality and card count agreement annexed hereto shall apply to that hotel or concessionaire. For the purposes of this provision, "competent legal authority" shall mean the Office of the Impartial Chairman, the Regional Director for Region 2 or 29 of the National Labor Relations Board ("NLRB"), the United States District Courts for the Southern or Eastern Districts of New York, or the United States Court of Appeals for the Second Circuit.
  

The parties agree that they shall meet to review and discuss such particular facts and circumstances as either party may contend warrants mutually agreed upon revisions to the provisions of the Industry Wid6 Agreement, or successor collective bargaining agreement as the case may be.