H.E.A.R.D.

Industry-Wide Collective Bargaining Agreement

Between

Hotel Association of New York City, Inc.

and

New York Hotel-Motel Trades Council, AFL-CIO

   AGREEMENT made this 26th day of June. 1985 between the HOTEL ASSOCIATION OF NEW YORK CITY INC. hereinafter called the ASSOCIATION, and the operators of hotels and motels who are Active Members of the ASSOCIATION and with respect to whom the UNION (as herein below described) presently has contractual relations, and the operators of hotels, motels and concessionaires with respect to whom the UNION may be hereafter designated as sole collective bargaining agent for the employees of such hotels, motels, and concessionaires, and who shall become parties hereto by agreeing to this Agreement, each and every such hotel, motel and concessionaire being hereinafter referred to as the EMPLOYER and the New York Hotel and Motel Trades Council, AFL-CIO, hereinafter called the UNION, in its own behalf and in behalf of its several
affiliates, namely,

Local Union No. 3 of the International Brotherhood of Electrical Workers Hotel,

Restaurant & Club Employees and Bartenders Union Local No. 6 of the Hotel Employees and Restaurant Employees International Union

Local No. 94 and 94A and 94B of the International Union of Operating Engineers

Local 144. Hotel. Hospital. Nursing Home and Allied Service "Employees Union of the Service Employees International Union

Local No. 56 of the International Brotherhood of Firemen Oilers and Maintenance Mechanics

Hotel-Maintenance Painters Local No. 1422 of the Brotherhood of Painters, Decorators and Paperhangers of America

Office and Professional Employees International Union, Local 153

Hotel Maintenance Upholstery Workers Union Local No. 43 of the Upholsterers International Union of North America

Hotel Maintenance Carpenters Valet and Utility Workers Union, Local No. 1 

affiliated with the AFL-CIO, and their members, now employed or hereafter to be employed by the EMPLOYER.

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 end harmonious labor relations between hotel keepers and their employees, and
   WHEREAS, the parties were under a collective bargaining agreement dated March 17, 1981 which, by its terms, expired May 31, 1985, 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, pursuant to the provisions of B memorandum of understanding dated June 26, 1985 to enter into an agreement until June 26. 1990 on the terms and conditions hereinafter stated:

NOW, THEREFORE, the parties hereto agree as follows:

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    (1) The term HOTEL as used throughout this Agreement shall   include hotels and motels and affiliated 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) 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) 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) The UNION is duly empowered to enter into this Agreement.
(E) The ASSOCIATION arid the EMPLOYER hereby recognize the UNION as the sole collective bargaining agency for the employees covered by this Agreement.
(F) The UNION agrees that the employees of the EMPLOYER shall work for the EMPLOYER upon the terms and conditions set forth in this Agreement.

EXCLUDED CATEGORIES

2.

All employees (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 hotel 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 end exclusion from coverage provided in such agreement shall continue in effect.

UNION MEMBERSHIP

3

   (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 thirtieth (30th) calendar 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 thirtieth (30th) calendar day following the beginning of such employment, become end 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 to 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 (30th) 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 Bach casual employee, who is not a member of the UNION, a service fee of one ($1.00) dollar 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 Section 5 hereof. Said service fee shall be transmitted to the UNION in accordance with Section 6 hereof.

UNION DUES

4.

UNION dues, assessments, initiation and service fees, and defense fund 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 and/or the EMPLOYER 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 assessments, is subject to change at the prerogative of the UNION. The UNION agrees to give the ASSOCIATION and/or the EMPLOYER thirty (30) days written notice prior to the effective date of any such change.

5.

The UNION agrees to furnish the EMPLOYER with a memorandum showing the amount of dues, assessments, initiation and services fees and defense fund assessments 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, assessments, initiation service fees and defense fund assessments from the wages or salaries of the respective employees monthly, and effective November 1, 1987, weekly (initiation fees and defense fund assessments are to be deducted in two (2) monthly installments) and the EMPLOYER agrees to transmit on a monthly basis 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 led 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.

NEW EMPLOYEES
6.

   (A) Probationary Period
A probationary employee shall work under the provisions of this Agreement, but shall be employed on a trial basis. The probationary period for new employees shall be sixty (60) days of work.
   (B) Termination
During the probationary period, the employee may be terminated with or without cause and without recourse to the grievance and arbitration machinery set forth in this Agreement; provided, however, that the EMPLOYER may not terminate the employee for the purpose of evading the Agreement, or discriminating against Union members. In the event that the UNION claims a pattern exists that establishes that the turnover rate of employees of the EMPLOYER exceeds normal turnover rate from and after the thirty-first (31st) calendar day of employment and claims that such turnover is for the purposes of evading the Agreement or discriminating against UNION members, the UNION may grieve such termination in accordance with the grievance and arbitration machinery set forth in this Agreement.
Probationary employees shall be paid not less than the new hire rate of pay during the probationary period. If, however, it is determined by the Impartial Chairman that a probationary employee has been terminated by an EMPLOYER for purposes of evading the Agreement or discriminating against UNION members, the Impartial Chairman shall reinstate such probationary employee with back pay computed at the appropriate full contract rate of pay for all days worked retroactive to the employee's day of discharge up to and until the employee's reinstatement date. If, upon reinstatement an employee is still in the probationary period, he/she shall be paid the applicable contract wage for probationary employees, as set forth in Section 6(C) below.

(C) Wages and Benefits

   (1) New employees shall be paid seventy-five (75%) percent of the wage rate for the job classification set forth in Schedule A, and as set forth in Section 14 (A)(2). This rate shall continue for one (1) year from the date of hire at which time the rate shall be brought up to the rate then in effect. This provision shall not apply to any employee who, during the twenty-four (24) months prior to his/her employment, was continuously employed for a period of twelve (12) months by an EMPLOYER signatory to this Agreement.

   (2) Except as provided in Section 6(D), the provisions of this Agreement shall not apply to new employees unless they have completed sixty days of work.

(D) Contributions to Funds
No contributions shall be made to the Pension Fund, Prepaid Legal Fund, Dental Fund or Training Fund on behalf of any new employee until nine (9) months after the date of employment. This provision shall not apply to any employee who during the twenty-four (24) months prior to his/her employment was continuously employed for a period of twelve (12) months by an EMPLOYER signatory to this Agreement.

HOTEL CLASSIFICATIONS
7

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.

PART-TIME AND CASUAL EMPLOYEES

8.

(A) Any EMPLOYER who shall change the hours of the work week of a part-time worker to hours of the work week of a full-time worker 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 an EMPLOYER, 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 EMPLOYER 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 26 of this Agreement.

Revised by 1995 MoU to: 

   (A) Where an Employer, for business reasons, (e.g., "business reasons" include, but is not limited to, the elimination of a meal in an a la carte restaurant or the temporary closing of an a la carte restaurant, club or beverage outlet for a special banquet function), requires the temporary reduction in the work week of employees in any of its departments, it shall first give at least five (5) calendar days written notice to and obtain the Union's written consent to such work week reduction, unless emergency circumstances prevent the Employer from giving such notice to and obtaining consent from the Union.  The consent of the Union will not be unreasonably withheld or delayed.             

  In the event a dispute arises between the Union and the Employer under the provisions of this paragraph, the parties agree to proceed to expedited arbitration before the Office of Impartial Chairman.  In no event, however, shall such expedited arbitrations proceeding delay or prevent the performance of the work by the affected employee(s).                  

   (B) Casual employees and part-time employees shall be paid not less than one and one quarter (1 1/4) times the hourly wage at which an employee is required to be paid under Section 15 for the first twenty (20) hours of work in categories where the regular work week in -the industry is forty (40) hours and for the first seventeen and
one-half (17 1/2) 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 14.

EXTRA PAINTERS

9.

An extra painter is one whose employment terminates at any time within eighteen (18) weeks after the probationary period. An extra painter shall be paid not less than the rates established by Section 14 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 29 of this Agreement which may occur during his or her period of employment, and shall receive pro-rated vacation pay. An extra painter who is employed for a period of more than eighteen (18) 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.

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