H.E.R.E.I.U. Constitution 

CONSTITUTION

 OF THE

Hotel Employees & Restaurant Employees International Union

 Affiliated with AFL-CIO

Canadian Labour Congress

AMENDED BY

The 43RD GENERAL CONVENTION

LOS ANGELES, CALIFORNIA

JULY 15-19, 2001

 EFFECTIVE SEPTEMBER 19, 2001

 Headquarters

1219-28th Street, N.W., Washington, D.C. 20007

TABLE OF CONTENTS

CONSTITUTION

_________________

ARTICLE I—NAME AND OBJECT

Section 1. Name. This organization shall be known as the Hotel Employees and Restaurant Employees International Union.

Section 2. Object. The object of this International Union shall be to organize all persons within its jurisdiction for the economic, moral and social advancement of their condition and status in life. It shall also be the purpose of this International Union to promote efficient service to the public, and the best interests of the industries in which its members are engaged.

Section 3. Jurisdiction. The International Union shall exercise jurisdiction over all persons engaged in the preparation, handling or serving of food and beverages, or otherwise engaged in the performance of public housekeeping services, including all persons in related employment within the hotel, food and beverage service industries, airports, convention centers, sports facilities, and casino and gaming industries, and theme parks, or other persons when the security of the bargaining position requires the organization of such persons; and shall include all other persons employed in any other industries or establishments where, in the opinion of the President, the organization of such persons would be beneficial to and in the best interests of the International Union.

This shall embrace persons so engaged in hotels, apartment hotels, motels, residential clubs, and summer or winter resorts whether operated by private industry or public authority; in restaurants, cafes, clubs, taverns, cafeterias, bars and grills, and similar food and beverage service establishments in industrial cafeterias, and other industrial feeding services in institutional food and beverage establishments operated by hospitals, universities, fraternal associations, and the like in food and beverage establishments maintained by federal state, city and county or other units of government; in casino and gaming industries; in theme parks; in food and beverage service establishments leased or owned in stadiums, baseball parks, race tracks and at similar public functions; in food and beverage establishments operated in or by department stores, drug stores and variety stores; in railroad dining cars or buffet cars, inland steamships, airline in-flight catering, and air, bus and railroad terminals; in all other establishments providing food, beverages and lodging to the public; and in all other establishments where, in the opinion of the President, the organization of such persons would be beneficial to and in the best interests of the International Union.

Section 4. Dissolution. This International Union may not be dissolved as long as three (3) Local Unions or more oppose such dissolution.

Section 5. Short Titles. Official titles of this International Union may be referred to throughout this Constitution by shorter terms as indicated herein, and wherever such terms are used, they shall have the same meaning as the full official title.

Hotel Employees and Restaurant Employees International Union may be referred to herein as "International Union" or "International."

Local Union may be referred to as "Local."

Joint Executive Board may be referred to as "Joint Board."

General Executive Board may be referred to as "Board."

References to a state of the United States shall also pertain to a province of Canada or a territory of the United States.

The General Convention of the International Union may be referred to as "Convention" or "General Convention."

   The General Office of the International Union may be referred to as "Headquarters" or "General Headquarters."

   The use of the singular term in connection with a member or subordinate body of the International shall not preclude the application of the phrase wherein such term is used to apply to more than one such person or subordinate.

   Wherever the terms "subordinate bodies," "subordinates," or "affiliates" are used, such terms shall be deemed to include Local Unions, Joint Executive Boards, District Councils and State Councils, and any other organization established or chartered by the International Union.

ARTICLE II—INTERNATIONAL CONVENTIONS

Section 1. Convention Date. The next Convention shall convene in June, 2006, and every five (5) years thereafter. The General Executive Board may vary the Convention date by not more than sixty (60) days.

Section 2. Convention to be Supreme Body. The Convention of this International Union shall be the supreme governing and legislative body of the Hotel Employees and Restaurant Employees International Union, and shall have the power to nominate and elect General Officers; to promulgate administrative, organizational, economic and political policies; to hear appeals; and to amend the Constitution of the International Union.

Section 3. Choosing Convention City.  The President shall recommend to the General Executive Board the location of the General or any Special Convention. The Executive Board shall then accept or reject the recommendation of the President.

Section 4. Quorum. One third (1/4) of the delegates seated at the Convention shall constitute a quorum.

Section 5. Voting Procedure.

(a) Questions may be decided by division or a show of hands. If a roll call is demanded by one fourth (1/4) of the delegates present, each delegate's vote shall be cast in accordance with Section 15 hereof.

(b) No proxies shall be allowed in the Convention.

Section 6. Qualifications of Delegates. Delegates to the Convention must possess certified credentials. They must have been members of the International Union for two (2) years immediately preceding the Convention and of the Local Union they represent for sixty (60) days immediately preceding the Convention; excepted from this rule shall be delegates whose Locals have not been in existence for such length of time. No member ineligible to hold a Local office by the terms of this Constitution or the Local Union's bylaws shall be eligible to serve as a Convention delegate.

Section 7. General Officers as Delegates. Members of the General Executive Board who are not elected delegates of any Local Union shall, by virtue of their office, be dele-gates-at-large with voice and vote at all Conventions, except that they may not vote in the election of officers of the International Union.

Section 8. Requisites for Representation of Locals. No Local Union shall be permitted representation in a Convention unless it has been chartered at least sixty (60) days and has paid at least one month's per capita tax. No delegate shall be seated from any Local Union that is two (2) months or more in arrears in payment of per capita to the International Union.

Section 9. Election of Delegates.

(a) Each Local Union shall elect delegates by secret ballot among the members in good standing of the Local Union. All delegates must be elected within the three (3) year period immediately preceding the Convention. With regard to Canadian Locals, all delegates must be elected within the five (5) year period immediately preceding the Convention. The Local Union shall mail to each member in good standing at the member's last known home address a notice or notices of the time, date and place and the manner of submitting nominations for delegates, which nomination shall be held not sooner than fifteen (15) days from the giving of notice, and the time, date and place of the election, which election shall be held not sooner than fifteen (15) days from the giving of notice. Delegates may be elected at the Local's regular election for officers, or at special elections. The procedure for the election of delegates shall be the same as the procedure for the election of officers of the Local Union. Notwithstanding anything contained herein to the contrary, if the Local Union's bylaws so provide, officers of Local Unions shall be delegates to all Conventions by virtue of their office, provided that such officers have been elected within three (3) years immediately preceding the Convention (or five [5] years for Canadian Locals), and provided that notices of nominations and elections specify that the office in question includes the position of delegate to the Convention and further that the ballot for the election of said officer includes the Convention delegate designation with the title of the office. The Local Union shall send the names and addresses of the elected delegates to the Secretary-Treasurer at least ninety (90) days prior to the date of the Convention, unless the Local Union has received a written waiver of this requirement from the President.

(b) In the event an elected delegate is unable or unwilling to serve, a new delegate from that Local shall be appointed pursuant to the bylaws of the Local Union with regard to the " filling of vacancies of offices. Said appointed delegates shall be counted for the purpose of minimum delegations and shall have full voice and vote except that they may not vote in the election for General Officers or Vice Presidents. The Local's votes in the election shall be divided among the elected delegates from the affected Local.

(c) With regard to a Special Convention called due to a vacancy in the office of President or to consider a merger, a Local Union will send a minimum of one (1) delegate who may be elected by secret ballot at a regular meeting or special membership meeting after notice to the membership of the purpose of the meeting.

Section 10. Expenses of Delegates. The expenses of delegates to the Convention shall be borne by the Local Unions. Such expenses shall be determined in accordance with the Local bylaws. The expenses of the General Executive Board shall be borne by the International Union.

Section 11. Credentials of Delegates. The credentials of delegates to the Convention shall be upon the forms furnished by the Secretary-Treasurer, and shall bear the seal of the Local and the signatures of its President and Secretary. The Secretary-Treasurer shall preserve for one (1) year the credentials of the delegates.

Section 12. Credentials Committee Rulings. A Credentials Committee shall be appointed by the President for each Convention; it shall judge the credentials and eligibility of all delegates pursuant to this Constitution. Delegates approved by the committee shall be seated unless a challenge from the floor is sustained by the Convention as to any particular delegate. Delegates not approved by the committee may appeal to the Convention for a final ruling. All challenges of the committee's decisions shall be made immediately after the committee has made its report.

Section 13. Poll List to be Prepared. The Secretary-Treasurer shall prepare, for the use of the Convention, a printed poll list containing the number of votes the delegates from Local Unions are entitled to, based on the average membership for the twelve month period from October through September preceding the Convention for which per capita tax has been paid.

Section 14. Votes and Delegates.

(a) Each member of the General Executive Board, who is a delegate-at-large by virtue of office, shall have one vote, except that delegates-at-large may not vote in the election of officers of the International Union.

(b) The number of votes and delegates to which each Local shall be entitled shall be based upon its membership in accordance with the following table:

                                                          Number of Delegates

Number of Members          Votes   Minimum    Maximum
                1 to 75 .............  1              1                 1
            76 to 125 .............  2              1                 2
          126 to 175 .............  3              1                 3
          176 to 225 .............  4              1                 3
          226 to 275 .............  5              1                 3
          276 to 325 .............  6              1                 3
          326 to 375 .............  7              1                 3
          376 to 425 .............  8              1                 3
          426 to 475 .............  9              1                 3
          476 to 525 ............ 10              2                 4
          526 to 575 ............ 11              2                 4
          576 to 900 ............ 12              2                 4
       901 to 1,400 .............15              2                 5
    1,401 to 1,900 …....…...18              2                 6
    1,901 to 2,400 ............. 21             3                 7
    2,401 to 2,900 ............. 24             3                 8
    2,901 to 3,400 ............. 27             3                 9
    3,401 to 3,900 ............. 30             4               10
    3,901 to 4,400 ............. 33             4               11
    4,401 to 4,900 ............. 36             4               12
    4,901 to 5,400 ............. 39             5               13
    5,401 to 5,900 ............. 42             5               14
    5,901 to 6,400 ............. 45             5               15
    6,401 to 6,900 ............. 48             6               15
    6,901 to 7,400 ............. 51             6               15
    7,401 to 7,900 ............. 54             6               15
    7,901 to 8,400 ............. 57             7               15
    8,401 to 8,900 ............. 60             7               15
    8,901 to 9,400 ............. 63             7               15
    9,401 to 9,900 ............. 66             8               15
  9,901 to 10,400 ............. 69             8               15
10,401 to 10,900 ............. 72             8               15
10,901 to 11,400 ............. 75             9               15
11,401 to 11,900 ............. 78             9               15
11,901 to 12,400 ............. 81             9               15
12,401 to 12,900 ............. 84            10              15
12,901 to 13,400 ............. 87            10              15
13,401 to 13,900 ............. 90            10              15
13,901 to 14,400 ............. 93            11              15
14,401 to 14,900 ............. 96            11              15
14,901 to 15,400 ............. 99            11              15

   For each additional 500 members, the Local shall have three (3) additional votes. No Local shall be entitled to more than 15 delegates.

(c) Local Unions in trusteeship shall not be entitled to send delegates to the International Convention.

Section 15. Division of Votes Among Delegates. The total number of votes to which a delegation is entitled shall be divided equally among the members of the delegation; excepting that where such division results in a fraction, the total of such fractions may be allotted by the Credentials Committee to some of the delegates in units of one vote additional for each of such delegates. In no event may a Local's vote be divided among less than the minimum number of delegates required.

Section 16. Special Conventions. The President may, with the approval of two-thirds of the Executive Board, call a Special Convention. A Special Convention shall have the same power and authority as a General Convention, except that it may not nominate and elect General Officers other than the filling of a vacancy in the office of President. Any action taken by a Special Convention shall have the same force and effect as if such action were taken by a General Convention. The Secretary-Treasurer shall give at least thirty (30) days' notice of a Special Convention to the Local Unions. Said notice shall state that the Special Convention may act upon all matters upon which a General Convention may act, except for the nomination and election of General Officers other than the filling of a vacancy in the office of President. Notwithstanding anything to the contrary set forth hereinabove, the President, with the approval of two-thirds of the Executive Board, may call a Special Convention for a specific purpose or purposes, which purpose or purposes shall be set forth in a notice of the  Special Convention. In such case, the Special Convention's power and authority shall be limited to considering and acting only upon matters within the scope of said notice.

   The term "Convention" or "General Convention" as used in the sections of this Article other than Section 1, and as used in each and every other Article of this Constitution other than Article III and Article V, Section 4 and Article VI, Section 5 shall be deemed to include the term "Special Convention." The term "General Convention" as used in Article III shall be deemed to refer only to General Conventions at which all General Officers and Vice Presidents may be elected.

   Notwithstanding the provisions of Article XXVI, Section 1(a), a Local Union may submit a Constitutional amendment to a Special Convention by adopting such proposal at the regular or special meeting and forwarding same to the Secretary-Treasurer, which proposal must be received by the Secretary-Treasurer not later than fifteen (15) days prior to the opening of the Special Convention. Publication of such amendments in the official Journal shall not be required.

   No Special Convention shall be held within one (1) year from the date of the last preceding General or Special Convention, except for the filling of a vacancy in the office of President, nor within one (1) year prior to the earliest date at which the next General Convention may be held.

ARTICLE III—OFFICERS AND THEIR ELECTION

Section 1. Definition of General Officers. The General Officers shall be a President, a Secretary-Treasurer, an Executive Vice President, six (6) General Vice Presidents, and a Canadian Director.

Section 2. General Executive Board. The General Executive Board shall consist of the General Officers, fourteen (14) District Vice Presidents (one [1] from each of the fourteen [14] Districts established in this Article) and twenty-six (26) Vice Presidents-at-Large.

In the event of a merger of any national or international union(s) into this International Union, the President, with the approval of the General Executive Board may appoint additional Vice Presidents-at-Large, not to exceed four (4) additional Vice Presidents-at-Large positions. Such Vice Presidents, if appointed, shall become members of the General Executive Board with all of the powers and authority of such office. These positions, if created, shall be subject to election at the next General Convention.

Section 3. District Vice Presidents. Each District Vice President shall be a member of a Local Union within the applicable district. The following districts are hereby established:

District No. 1. Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island.

District No. 2. New York, Pennsylvania, New Jersey, Delaware, Maryland, District of Columbia.

District No. 3. Ohio, Kentucky, West Virginia, Michigan.

District No. 4. Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Virginia, Arkansas.

District No. 5. Indiana, Illinois, Missouri.

District No. 6. Colorado, Kansas, Utah, Arizona, New Mexico, Oklahoma, Texas.

District No. 7. Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Wisconsin,

District No. 8. Washington, Oregon, Montana, Idaho. Wyoming, Alaska.

District No. 9. California, Nevada.

District No. 10. Eastern Canada (Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick and Prince Edward Island).

District No. 11. Western Canada (Manitoba, Saskatchewan, British Columbia, Alberta, Northwest Territories, Yukon Territory).

District No. 12. Hawaii and Pacific Ocean Areas.

District No. 13. Commonwealth of Puerto Rico and Virgin Islands.

District No. 14. Dining Car Employees.

Section 4. Terms of Officers.

   (a) The General Officers and Vice Presidents shall be elected at each Convention of this International Union and shall serve until thirty (30) days after the election of officers at the succeeding Convention.

   (b) The terms of all the General Officers and Vice Presidents elected at the Convention shall begin thirty (30) days after their election.

   (c) If a Vice President serves as an officer of a Local Union at the time of election or re-election as a Vice President, and subsequently is defeated for election or re-election as a Local Union officer, or resigns, or otherwise ceases to be a Local Union officer, that Vice President shall promptly tender a resignation to the President. This shall not apply if the Vice President is suspended from Local Union office because the Local Union is put into trusteeship. The President shall recommend to the General Executive Board that the Vice President's resignation either be accepted or rejected, and the General Executive Board shall make a final decision.

Section 5. Election Procedure.

(a) Any duly qualified delegate, including delegates-at-large, may place in nomination in open Convention the name of any person who has been a member in good standing of the Union for at least the twenty-four (24) months immediately preceding the Convention as a candidate for General Officer or Vice President. If the nominee is not present at the time of nomination, the nominee must have presented to the Secretary-Treasurer, in advance, a written agreement to be nominated.

(b) Elections for General Officers and Vice Presidents shall be by roll call of all Convention delegates when there is more than one candidate for any office. A plurality of all votes cast shall be required for election. In the event of a tie vote between the top two or more candidates, any remaining candidates will be dropped and the election will be rerun.

(c) The Secretary-Treasurer shall preserve for one (1) year all minutes and other records of the Convention pertaining to the election of officers.

Section 6. Executive Committee. The Executive Committee shall consist of the General Officers and such others as are designated by the President. The Executive Committee may make recommendations to the General Executive Board.

Section 7. Headquarters of International Union. The headquarters of the International Union shall be located at a place designated by the General Executive Board. The President, the Secretary-Treasurer, and the Executive Vice President shall have their office at the headquarters.

ARTICLE IV—GENERAL EXECUTIVE BOARD

Section 1. Members and Officers.

(a) The General Officers and the Vice Presidents shall constitute the General Executive Board.

(b) The President and Secretary-Treasurer shall act as the Chairman and Secretary, respectively, of the General Executive Board.

Section 2. General Powers. The General Executive Board shall act as Trustees for, shall have all authority of the International Union, and shall exercise general supervision over the International Union, its property and all its subordinate bodies and members between Conventions.

Section 3. Reserved Powers. All powers not specifically lodged in the Local Unions and other subordinate bodies by this Constitution, are reserved to the General Executive Board. Local Unions may exercise authority in matters not acted upon by the Board, excepting when contrary to the terms of this Constitution.

Section 4. Power to Fill Vacancies.

(a) A vacancy in the office of President shall be filled by a General or Special Convention. In the case of a Special Convention called for this purpose, the provisions of Article II, International Conventions, shall apply, except that the minimum number of delegates for each Local Union shall be one (1) delegate. The Secretary-Treasurer shall perform the duties of the office of President, and shall have the authority of that office until a successor is elected. A Special Convention to fill a vacancy in the office of President shall be held within six (6) months of the effective date of the vacancy unless the next General Convention is in twelve (12) months or less, in which case the vacancy shall be filled at that General Convention. The Secretary-Treasurer shall make arrangements for the Special Convention, with the approval of the General Executive Board. The President elected at the Special Convention shall take office immediately upon election.

(b) A vacancy in any other General Officer position, or a vacancy in a Vice President position, shall be filled by the General Executive Board.

Section 5. Action When Not in Session. In all matters requiring action by the General Executive Board when such Board is not in session, the Board may, upon request of the President, act by telegram, letter, long distance telephone, fax, E-mail, or other form(s) of communication; such action to have the same legal effect as when the Board acts in formal session.

Section 6. Appointment of AFL-CIO Delegates. The General Executive Board upon recommendation of the President shall select the delegates to the convention of the American Federation of Labor and Congress of Industrial Organizations. The President, Secretary-Treasurer, and Executive Vice President shall be delegates.

Section 7. Ownership Of Real Estate. All real estate of the International Union shall be held in the name of the International Union or any other entity designated by the General Executive Board upon recommendation of the President, which may purchase, lease, sell, assign or otherwise transfer or encumber the same by resolution of the General Executive Board authorizing the Secretary-Treasurer and President to execute the necessary documents.

Section 8. Financial Transactions. The General Executive Board shall have the authority to invest or reinvest the funds of this International Union in such property, real or personal, tangible or intangible, as it shall consider desirable for the effectuation of the purposes and objectives of this Inter-national Union, and the interests of its members, or permit such funds to remain uninvested; such investment authority shall include, but not be limited to, the purchase, sale, assignment, exchange, transfer and delivery of any stocks, bonds or investments of any nature whatsoever. The Board is further empowered to make such loans either direct or indirect whether to individuals, Local Unions or organizations as are lawful and not inconsistent with this Constitution, with such security and with such arrangement for repayment as the Board may deem appropriate, and as the Board considers will effectuate the purposes and objectives of this International Union and the interests of its members. All such financial transactions shall be made or registered in the name of the International Union. The Board shall authorize the Secretary-Treasurer by specific resolution in each transaction, and a copy of such resolution attested to by the President shall be evidence of the Secretary-Treasurer's authority to act pursuant to the same.

Section 9: Legal Expenses.

(a) When allowed by applicable law, the International Union is authorized to pay all the expenses for investigating services, employment of all counsel and other necessary expenditures in any cause, matter, case or cases where an officer, representative, employee, agent or one charged with acting in behalf of the International Union and/or its affiliates is charged with any violation or violations of any law or is sued in any civil actions (1) if a majority of the General Executive Board in its sole discretion determines that said charges or lawsuits are (a) unfounded, or (b) are politically motivated, or (c) were filed in bad faith in an attempt to embarrass or destroy the Union or the Union officer or representative, or (2) if a majority of the General Executive Board in its sole discretion determines that the expenditures should be made.

(b) The provisions set forth in subsection (a) above shall also apply to such expenditures made by all affiliates other than Local Unions if the appropriate governing body of the affiliate in its sole discretion determines that the expenditures should be made.

(c) When allowed by applicable law, a Local Union is authorized to pay any and all the above expenditures in any cause, matter, case or cases where an officer, representative, employee, agent, or one charged with acting in behalf of the Local Union is charged with any violation or violations of any law or is sued in any civil action or actions (1) if a majority of the Local Executive Board in its sole discretion, subject to the approval of a majority of the members present and voting at a regular or a special meeting, determines that said charges or law suits are (a) unfounded, or (b) are politically motivated, or (c) were filed in bad faith in an attempt to embarrass or destroy the Union or the Union officer or representative, or (2) if a majority of the Local Executive Board in its sole discretion subject to the approval of a majority of the members present and voting at a regular or special meeting, determines that the expenditure should be made.

Section 10. Mergers. The General Executive Board shall have the authority to enter into agreements and arrangements with any other labor organization in behalf of the International Union for the purpose of effecting the absorption, amalgamation, merger or affiliation of or coordination with other labor organizations. However, an agreement with any other labor organization for absorption, amalgamation, or merger must be approved by majority vote of the delegates to a General or Special Convention. In the case of a Special Convention called for this purpose, the provisions of Article II, International Conventions, shall apply, except that the minimum number of delegates for each Local Union shall be =one (1) delegate. The General Executive Board shall have authority to take any and all action, without limitation, including the formation of District Councils, as it deems necessary to effectuate agreements entered into by the International Union in accordance with this Section.

ARTICLE V—PRESIDENT

Section 1. To Preside at Conventions. The President shall preside at all meetings of the International Union's Conventions. The President shall appoint all committees of the Conventions.

Section 2. Chief Executive Officer. The President shall function as the chief executive officer of the International Union.

Section 3. To Preside Over General Executive Board and Executive Committee.

The President shall preside at all meetings of the General Executive Board and the Executive Committee. The President may call a meeting of the Board or the Executive Committee whenever in the judgment of the President such meeting is necessary.

Section 4. Report to the Convention. The President shall make a report to the General Convention on administration of the office and the general standing of the International Union.

Section 5. To Interpret Constitution. The President shall decide all questions of law and shall interpret this Constitution whenever it becomes necessary to do so.

Section 6. To Decide Controversies. The President shall decide controversies arising among subordinate bodies of the International, or the members or delegates of such subordinate bodies, even when such controversies are with the International Union. Unless otherwise provided in this Constitution, the decision of the President on such controversies shall be final and not further appealable.

Section 7. To Enforce Discipline and Render Judgments. The President shall have authority to enforce discipline upon Local Unions and other subordinate bodies or members thereof, and to render judgment in cases appealed to the President, and to determine limits of jurisdiction of subordinate bodies other than as provided in Article XXI.

Section 8. Suspension of Charters. The President shall have the power to suspend or revoke the charter of any Local Union, subject to appeal to the General Executive Board.

Section 9. Cancellation of Membership. The President shall have authority, if protest is filed by a Local Union, to cancel the membership of a member who has secured membership in violation of this Constitution. A copy of such protest shall be served upon the member. Within ten (10) days after such service, the member may submit any evidence in writing. Upon the basis of the evidence rece