HOUSING-MEALS 

10.

  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, h may do "o 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, MEAL PERIOD, OVERTIME, ETC.
11

(A) Work Week
      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) Call-in
      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) Changes to Working Hours  The EMPLOYER shall be free to fix the daily working hours. The EMPLOYER agrees that it will inform employees of their hours of work at least one (1) 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 25 hereof.

(D) Split Shifts
      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) Meal Period
     All employees shall be entitled to one (1) hour per day for meals. Time out for meals shall not be considered working time.
(F) Waiters and Waitresses
      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 fifteen (15) minutes of such additional time shall not be deemed to be overtime.
(G) Overtime
     (1) 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.

    Revised by 1995 MoU to: 

     (1) Overtime pay shall be paid for all work performed on the sixth (6th) and seventh (7th) consecutive days of work unless such overtime work is occasioned by an Employer's business needs and further provided prior written notice of same is given and written consent is obtained from the Union which consent will not be unreasonably withheld or delayed, unless emergency circumstances prevent the Employer from giving such notice to and obtaining consent from the Union. In the event of a dispute arises between the Union and an Employer under the provision of this paragraph, the parties agree to proceed to expedited arbitration before the Office of the Impartial Chairman.  In no event, however, shall such expedited arbitration proceeding delay or prevent the performance of the work by the affected employee(s).   

     (2) It is agreed that employees will work a reasonable amount of overtime and on the sixth (6th) 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.
    (3) No employee shall receive overtime pay unless 'such overtime work has been authorized previously by such employee's department or division
manager. 

    (4) 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.
     (5) 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 26 hereof and if the matter is not satisfactorily resolved, it shall be subject to arbitration thereunder.

  Added  by 2001 MoU:

    ACCOMMODATING EMPLOYEES' REQUESTS FOR SCHEDULE CHANGES   

  Unless required by law, overtime shall not be paid where an employee or employees, subject to 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. 

MINIMUM WAGE

12.

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 A. except as provided in Section 6 (C) in the case of probationary employees.

WAGES

 13.

(A) General
   (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.
   (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.

(B) Prior Wages and Benefits
   (1) No employee shall suffer a reduction in hourly wage rates or fringe benefits previously enjoyed on account of the execution of this Agreement.
   (2) The minimum wages set forth in this Agreement, payable by the  EMPLOYER, are applicable to a forty (40) hour week for captains. hosts/hostesses and all tip classifications and to a thirty-five (35) hour week
for all other classifications.
   (3) 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 on his or her wages in accordance with the applicable provisions of Section 12.

(C) An employee who, within twenty-four (24) months prior to being hired was not employed for at least twelve (12) consecutive months in a classification covered by this Agreement in a hotel party to this Agreement, shall be paid not less than seventy-five percent (75%) of the wage rate for the job classification as set forth in Schedule A, for which the employee was hired.

WAGE INCREASES
14

(A)

   (1) All employees in the employ of the EMPLOYER on the dale of the signing of this Agreement shall receive the wage increases as set forth in Schedule 1 attached.
   (2) All employees hired after the date of the signing of this Agreement shall receive the wage increases set forth in Schedule 1 attached which are effective subsequent to the date of the employee's hiring, as follows:
      (a) An 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 shall receive the wage increase, as set forth in Schedule 1. for his/her job classification.
      (b) The length of time which an employee shall be paid seventy-five (75%) percent of the Schedule A minimum wage for his/her job classification shall be governed by Section 6 (C).
   (3) Extra meal waiters and waitresses shall receive the following effective on the following dates:
Effective June 27. 1985:.................$1.96 per meal
Effective August 27. 1986:..............$2.07 per meal
Effective November 1, 1987:...........$2.17 per meal
Effective January 1, -1989:..............$2.27 per meal

   (4) The provisions of this Section 14 shall not apply to banquet waiters and banquet waitresses. The wage increases for these employees are incorporated in Schedule A-1.

EXTRA ROOMS

15

(A) 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 27, 19S5:.................$4.55 for each extra room
Effective August 27, 1988:... .........$4.81 for each extra room
Effective November 1, 1M7:. ........$5.04 for each extra room
Effective January 1, 1989;............. $5.27 for each extra room
The above provisions are not intended to effect extra overtime provisions elsewhere set forth In this Agreement.

COTS
16.

   (A) 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 27, 1W5:.......,........ .$1.52 for each cot .
Effective August 27, 19&" :...........$1.60 for each cot
Effective November 1. 1 087:.. ......$1.68 for each cot
Effective January 1, 1988:. ....... ....$1.76 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.
   (B) 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 than be credited towards the room attendant's quota of rooms for the day.

MAJOR STRUCTURAL ALTERATIONS
17

(A) Mechanics and maintenance employees shall perform the work heretofore performed by mechanics and maintenance employees in the hotels.,
(B) 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.
(C) Any dispute as to whether work constitutes mechanical maintenance work or major structural work, or as to the wages to be paid therefore, shall be determined by arbitration, as any other dispute arising under this Agreement
(D) The UNION shall be given at least thirty (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

 18

The EMPLOYER may continue, and from time to time may change such rules and regulations as It may deem necessary and proper (or the conduct of its business, provided that the same are not inconsistent with any of the provisions of this Agreement. AJI 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 26 hereof and if the matter is not satisfactorily resolved, It shall be  subject to arbitration thereunder.

DUTIES OF EXCLUDED CATEGORIES 

19

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

SUBSTITUTES AND RELIEF EMPLOYEES
20

   Employees may be called on (or no more than one and one-half (1-1/2) 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 (or more than one and one-half (1-1/2) hours in any one day shall be paid his/her regular rate of pay or the contractual wags rate (minimum wage plus wage increases) for the classification of the employee relieved, as set forth in Schedule A, whichever is higher.

HIRING
21

   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 47 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 (or 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, sex, 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 or concession, 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 and thereafter to other hotel employees who are on permanent layoff status from 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.
   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 26 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 21, such full compliance shall be effectuated by all parties.
   Upon a parties' request, the Joint Advisory Committee, consisting of three (3) members appointed by the ASSOCIATION and three (3) members appointed by the UNION, shall convene to promulgate rules for the management of the joint employment office.

MANAGEMENT RIGHTS

22.

   (A) The EMPLOYER shall have the right to direct and control its employees. The EMPLOYER shall have the right to layoff, 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 26 of this Agreement.
   (B) The EMPLOYER shall have the right to establish combination jobs within the classifications set forth in Schedule A of this Agreement. Upon the implementation of such job changes, the employee(s) affected shall be paid the rate of the higher rated job as set forth in Schedule A, except in addition to the rate of the higher rated job, front office, food preparation and engineering and maintenance department employees shall receive ten ($10.00) dollars per week.
   (C) No employee currently employed shall be laid off as a result of the job change.

SENIORITY
23

(A)

(1) Layoff-General
    (a) 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 UNION not less than one (1) week's notice of layoff of any employee. Casual employees do not have seniority rights.
(2) Layoff- Recall
    (a) 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.
    (b) An employee absent from work because of sickness or Injury for more than twenty-six (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.
    (c) An employee absent from work because of sickness or injury for more than twenty-six (26) weeks but not more than fifty-two (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 ill his/her job rights and seniority.
    (d) 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 B 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.
    (e) An employee absent from work because of sickness or injury for more than fifty-two (52) weeks shall be placed on a preferential hiring list
for an additional fifty-two (52) weeks. At the expiration of the second fifty-two (52) week period, the employee shall lose his or her seniority.

(3) Layoff-Delegates and Assistant Delegates
    (a) In the case of ASSOCIATION member EMPLOYERS: if a hotel intends to layoff a delegate or assistant 'delegate the hotel shall, prior to effectuating such layoff, 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.
    (b) In the case of all other EMPLOYERS: if an EMPLOYER intends to layoff a delegate or assistant delegate the EMPLOYER shall, prior to to effectuating such layoff, 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.

(4) Notification of Delegates
The UNION will furnish a written list of delegates to each hotel within thirty (30) days after the signing of this 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.

UNION ACTIVITY 

24.

   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
25.

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

COMPLAINTS, GRIEVANCES AND ARBITRATION
26.

   All complaints, disputes or grievances arising between the parties hereto Involving questions or 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 are to be taken directly to the Impartial Chairman. lf any EMPLOYER experiences an unanticipated emergency which justifies relief from the provisions of Section 45 (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 hereby 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 tail to agree, the United States District Court, Southern District 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.

DISCHARGES
27

(A) General
   The EMPLOYER shall have the right to discharge any employee. The UNION may question whether an employees discharge was for just cause. In the case of ASSOCIATION member EMPLOYERS, 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 Section 26 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. In the case of non-Association member EMPLOYERS, the UNION shall submit the matter directly to the Impartial Chairman. The Impartial Chairman may uphold the discharge or reinstate re employee with or without back pay.

(B) Discharges-Delegates and Assistant Delegates

   (1) In the case of ASSOCIATION member EMPLOYERS: If a hotel intends to suspend or discharge a delegate or assistant delegate the hotel shall, prior to effectuating such suspension 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 and the hearing at the Office of the Impartial Chairman, if such hearing is necessary, 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.
   (2) In the case of all other EMPLOYERS: if an EMPLOYER intends lo discharge a delegate or assistant delegate the EMPLOYER shall, prior to
effectuating such suspension or discharge, consult with an officer or business agent of the UNION. H. 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. The delegate or assistant delegate shall remain on the job pending the hearing at the Office of the Impartial Chairman.

VACATIONS
2 8.

(A) Entitlement-General
All employees covered by this Agreement who shall have been employed continuously for the period specified below shall receive the following annual vacation with pay:
One (1)year but less than two (2) years...............One (1) Week
Two (2)years but less than five (5) years….........Two (2) weeks
Five (5) years but less than seven (7) years........Twelve (12) days
Seven (7) years but less than fifteen (15) years...Three (3) weeks
Fifteen (15) years or more.................................Four (4) 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 Sector 13 of this Agreement.

(B). Service Breaks

   (1) 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

   (2) Except as provided in the preceding paragraph of this section, an employee who has been employed for on" (1) 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 (1) 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 (B)(1) 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


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