of his/her current employment year.
(3) In the event of illness or injury, services shall be deemed to be continuous notwithstanding breaks aggregating not more than twenty-six (26) weeks in any year, provided, however, that if the illness or injury exceeds sixty (60) working days in any year, the employee's vacation pay shall be pro-rated in proportion to the number of weeks actually worked during said year.
(C) Payment
Vacations shall be given as soon as practical after the completion of the required continuous employment. If deductions for meals were made during the year from the wages of the employee, the vacation pay shall be the full wages without meal deductions, providing the employee does not take meals al the hotel during the vacation period. The vacation pay shall be given to the employee at the end of the week preceding the vacation week.
(D) Scheduling
The EMPLOYER shall fix the time or period when such vacation may be taken and shall give the
UNION at least four (4) weeks' notice of the vacation schedule. (E) Termination of Employment
An employee who has completed the required period of employment shall, in the event his/her employment is terminated prior to receiving his/her vacation, be entitled to receive his/her vacation pay.

HOLIDAYS
29

(A) Entitlement - General
The EMPLOYER shall grant to all employees covered by this Agreement the                                              holidays listed below with pay:

New Year's Day 

Labor Day
Martin Luther King, Jr.'s Birthday

Thanksgiving Day
Washington's Birthday

Christmas Day
Memorial Day Eff. Jan 1, 1989: Dec. 24th
July Fourth

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

Employee's Birthday
Employee's Anniversary Date of Employment
One (1) Personal Day in each contract year to be scheduled by arrangement between the employee and the EMPLOYER not less than two (2) weeks prior to  said day off.
Permanent, regularly scheduled part-time employees shall receive holidays and personal days pro-rated in relation to the hours they regularly work. The proration shall be based on the wage rate they are paid pursuant to Section (8)(B) of this Agreement. 

(B) Layoff
When an employee is laid off because of lack of work on any of the above holidays, he/she shall be paid for such holiday if the holiday occurs within twenty (20) working days following the beginning of such layoff, provided the laid off employee does not receive pay for such holiday from another hotel EMPLOYER.
(C) Sickness
When an employee Is absent because of sickness or injury on any of the above holidays he/she  shall be paid for such holiday provided he/she has not been replaced by another employee who receives pay for such holiday. The EMPLOYER may require satisfactory proof of sickness.
(D) Payment
(1) Should it be necessary for an employee not in a tip classification to work on any of the above holidays he/she shall receive his/her regular straight time pay including night shift differential and  regular premium overtime pay, if any, in addition to the holiday pay. Employees shall be notified one (1) week in advance as whether It will be necessary for them to work on the holiday. 
(2) Tip employees (except for banquet waiters and waitresses and banquet bartenders who shall receive holiday pay as provided in Schedules A-1 and A-3) shall receive twice their regular daily rate as holiday pay including night shift differential and regular premium overtime pay, if any.  Notwithstanding the foregoing, should said tip employee work on the holiday, he or she shall receive an additional one-half (1/2) day's pay for a total of two and one-half (2 1/2) day's pay.
(3) All employees shall receive not less than a normal week's pay in any week during which a holiday falls.

(E) Work on Holidays
(1) If the EMPLOYER requires an employee to work on a holiday, the EMPLOYER may not  require the employee to take another day off in lieu of the holiday. If a holiday falls on an employee's regular day off, the EMPLOYER may give the employee another day off in lieu of the holiday, which day off shall be the employee's regular work day immediately preceding or immediately following the holiday. Should a holiday fall during an employee's vacation, the EMPLOYER may grant the employee an additional day's vacation in lieu thereof which shall be  the day immediately before or the work day immediately following the vacation.
(2) Employees in departments which are closed for the summer shall be paid for any of the above holidays which occur during such closing providing the employee returns to work when  recalled to work.

PERSONAL DAYS
30

(A) Entitlement - New Hires
(1) In order to be eligible for his/her personal days, an employee not previously employed in the hotel industry must be in the employ of the hotel for not less than sixty (60) working days. 
(2) An employee whose birthday falls within the first fifteen (15) days of employment, shall receive his/her birthday personal day between the thirty-first (31st) day of employment and the ninetieth (90th) day of employment. In the event his/her birthday falls subsequent to the first fifteen (15) days of employment, he/she shall receive same on the day it falls.

(3) An employee who is severed from his /her employment prior to completion of the ninetieth (90th) day of employment but whose birthday occurred prior to his/her severance from employment, shall receive pay for his/her birthday personal day provided the birthday occurred after not less than fifteen (15) days of employment.
(B) Entitlement: Regular Full-Time and Regular Part-Time Employees
(1) Subject to the provisions set forth herein, all regular full-lime employees of the EMPLOYER shall be eligible for the three (3) personal days off with pay during each year of this Agreement. Permanently regularly scheduled part-time employees shall receive personal days pro rata in relation to the hours they regularly work. The proration shall be based on the wage rate they are paid pursuant to Section 8(B) of this Agreement.
(2) The personal days off to which employees are entitled shall be compensated at the rate of one (1) day's pay at straight time except for tip employees who shall be compensated at twice the regular daily rate of pay at straight time.
(3) If a non-tip employee is required by the EMPLOYER to work on any of his/her personal days,  he/she shall receive an additional day's pay at regular straight time pay including night shift differential and regular premium overtime pay, if any. In the event a tip employee works on his/her personal day, said employee shall receive one and one-half (1 1/2) days' pay at regular straight time pay, including night shift differential and regular premium overtime pay, If any, in addition to his/her normal dally wages.
(C) Banquet Personnel
(1) Banquet waiters/waitresses, banquet captains and banquet bartenders on a hotel steady rotation list, and checkroom and washroom attendants, shall receive personal days based upon the same eligibility applicable to regular employees. The amount of pay for their persona! days: (i) for the said banquet waiters/waitresses and banquet captains shall be the amount payable to an a-la-carte waiter or an a-la-carte captain under the wage schedule set forth in Schedule A; (ii) for the said checkroom and washroom attendants shall be the amount payable under the wage scale set forth in Schedule A-2.
(2) Should it be necessary for banquet waiters/waitresses to work on any of the personal days, pay or said personal days shall be at one and one-half times the amount payable to an a-la-carte waiter/waitress under the wage schedule set forth in Schedule A, in addition to the wages paid for each banquet function or functions.
(3) Should it be necessary for banquet captains or banquet bartenders to work on any of the personal days, pay for said personal days shall be at the rate of one (1) day's pay for a-la-carte captains in the case- of banquet captains and for service bartenders in the case of banquet bartenders, In addition to the wages paid for each banquet function or functions.
(4) In the event a personal day falls within the summer months during which such banquet and/or-checkroom employees are not working they shall nonetheless receive such personal days, or payment in lieu thereof, in accordance with arrangements to be agreed upon between the  Hotel and the said employee.

(D) General
The following rules shall be applicable to the three (3) personal days:

(1) In the event an EMPLOYER has a group of employees whose anniversary date with the EMPLOYER is the same, said employees shall enjoy such personal day off thirty (30) calender days after their birthdays.
(2) If an employee's authorized personal day off falls on either his/her regular day off, during vacation, or on a 'holiday, the EMPLOYER shall have the option of granting another day off with pay by arrangement, or paying said employee for the personal day.
(3) If an employee's authorized personal day off falls while he/she is absent due to sickness or injury on the job, said employee shall be paid for such personal day upon return to regular employment or shall receive another day off with pay by arrangement with the EMPLOYER.
(4) Notwithstanding the above, nothing contained herein shall prevent the employee from applying all or a portion of his/her authorized personal days off to other than the reasons specified as a result of an unusual and/or sudden occurrence.

JURY DUTY
31

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

BEREAVEMENT PAY
32

(A) Entitlement
(1)All employees who have been employed for not less than one (1) continuous year shall be granted bereavement pay in the event of a death in his/her immediate family.
(2) The 'immediate family' is defined as the employee's father, mother, sister, brother, spouse or children.
(B) Payment and Calculation
(1) Bereavement pay for the death of the employee's immediate family, (father, mother, sister, brother, spouse and children) shall be paid for the day before, the day of, and the day following the funeral providing each of these days fall on days the employee was scheduled to work. In the event any of these three (3) days fall on days when the employee was not scheduled to work, the employee shall receive pay only for those days on which he or she was scheduled to work. No employee, however, shall receive bereavement pay more than once during any twelve (12) month period within the term of this Agreement.
(2) The bereavement days off to which employees are entitled shall be compensated at the rate of one (1) day's pay at straight time except for tip employees who shall be compensated at twice the regular daily rate of pay at straight time including, for both- non-tip and tip employees, night shift differential and regular premium overtime pay, if any.
(3) No bereavement pay will be granted unless the employee requests same from the EMPLOYER in advance of taking same. At its sole discretion, the EMPLOYER may require evidence of death and kinship.

SOCIAL INSURANCE AND PENSIONS
33

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

FAMILY MEDICAL FUND
34

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

FAMILY DENTAL FUND
35

The EMPLOYER agrees to contribute to the New York Hotel and Motel Trades Council and Hotel Association of New York City, Inc., Dental Fund, all as provided in Schedule E annexed hereto, the terms and provisions of Schedule E being specifically incorporated herein by reference.
Should government or other funds be appropriated on behalf of the denial program hereunder, the EMPLOYER'S contribution shall be reduced accordingly.

TRAINING AND SCHOLARSHIP FUND
36

(A) The ASSOCIATION and the UNION have established a program to train employees for promotion and advancement. Said program is known as and operated by the New York Hotel and Motel Trades Council and Hotel Association Industry Training Fund established by an Agreement and Declaration of Trust which provides, among other things, for equal representation upon the Board of Trustees of the Trust Fund of ASSOCIATION and UNION representatives. The Impartial Chairman designated under this Agreement shall act as Impartial Chairman of said Trust Fund.
The EMPLOYER agrees to contribute to the New York Hotel and Motel Trades Council and Hotel Association Industry Training Fund, all as provided in Schedule F annexed hereto, the terms and provisions of said Schedule F being specifically incorporated herein by reference. No new training programs, other than those organized by the Trustees of the Fund, shall be instituted. Should government or other funds be appropriated on behalf of the training program hereunder, the EMPLOYER'S contribution shall be reduced accordingly. (B) Effective August 27, 1986, the ASSOCIATION and the UNION shall establish a program to grant scholarships and/or tuition aid to dependents of employees and in accordance therewith the EMPLOYER shall contribute one ($1.00) dollar per month on behalf of each employee on the EMPLOYER'S payroll to the Fund for the establishment of a jointly-trusteed Scholarship Fund, as is more fully set forth in Schedule F.

LEGAL FUND
37.

Effective November 1, 1987, the EMPLOYER agrees to contribute two ($.02} cents per hour, and effective November 1, 1988 an additional three ($.03) cents per hour for a total of five ($.05) cents per hour to a jointly trusteed pre-paid Legal Fund for full-time employees and a pro-rata sum for part-time employees, except as limited by Section 6(D). Contributions shall be on actual time worked to a maximum of thirty-five (35) or (40) hours per week for non-tip and tip employees, respectively.

STRIKES AND LOCKS
38

Both the UNION and the EMPLOYER recognize the service nature of the hotel business and the duty of the hotel operator to render continuous and hospitable service to the public in the way of lodging, food and other necessary hotel accommodation. Therefore, the UNION agrees that it will not call, engage in, participate in, or sanction any strike, sympathy strike, stoppage of work, picketing of the hotel, sit-down, sit-in, boycott, refusal to handle merchandise, or any other interference with the conduct of the EMPLOYER'S business, for any reason whatsoever; nor will It Interfere with any guest or tenant at the hotel, while he/she is a guest or tenant occupying a room or space, who sells or exhibits non-union-made merchandise or employs non-union help. The EMPLOYER agrees that it shall not lockout its employees or any part of its employees.
Any such act shall be a violation of this Agreement, and the same, including any and all disputes in reference thereto, shall be submitted to the Impartial Chairman as any other dispute under this Agreement.
During the term of this Agreement there shall be no lockout, strike or .stoppage" of any kind pending the determination of any complaint or grievance and for a period of ten (10) days thereafter, and then only for the refusal of either party to abide by such determination.

CONTRACT WITH NON-MEMBER HOTELS
39

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

   The UNION agrees to insert a clause in all its Agreements with hotel and concessionaire EMPLOYERS who are non-members of the ASSOCIATION or hotel and concessionaire EMPLOYERS who cease to be members of the ASSOCIATION to the effect that such EMPLOYER shall submit to the plan of adjustment and arbitration herein provided for. Not later than two weeks after the signing of this Agreement, all such non-member hotel and concessionaire EMPLOYERS shall deposit with the Impartial Chairman the following sums of money:
   In the case of a hotel EMPLOYER with less than three hundred (300) rooms-the sum of $750.00.
   In the case of a hotel EMPLOYER with three hundred (300) rooms or more but less than nine hundred (900) rooms-the sum of $1,000.00.
   In the case of a hotel EMPLOYER with nine hundred (900) rooms or more but less than one thousand (1000) rooms-the sum of $1,500.00.
   In the case of a hotel EMPLOYER with one thousand (1000) rooms or more-$2,000.00. In the case of a concessionaire EMPLOYER- the sum of $750.00.
 The Impartial Chairman shall assess each non-member hotel and concessionaire EMPLOYER on each occasion said EMPLOYER is required to appeal for a hearing, whether or not said hearing is held, one-half (1/2) of its deposit.
   In the event a non-member hotel or concessionaire EMPLOYER fails to pay the assessment levied by the Impartial Chairman to the arbitration fund as hereinabove set forth, the monies due-the arbitration fund shall be deducted from the monies deposited with the Impartial Chairman as aforesaid and the said EMPLOYER shall be required to replace forthwith any monies so deducted, or the Impartial Chairman may institute suit to recover the monies due.  Contracts with such other EMPLOYERS, non-members of the ASSOCIATION, shall not run longer than the period of this Agreement.

STATUS QUO AGREEMENT OF MARCH 23, 1938
40

(A) Any hotel for whose employees the UNION has been certified as the exclusive collective bargaining agent, and which does not become a party to this Agreement by signing the same, shall not have any of the rights, benefits, or privileges of this Agreement.
(B) Irrespective of any increase in wages made prior to the execution of this Agreement by an EMPLOYER who has not been previously in contractual relationship with the UNION with respect to any appropriate collective bargaining unit, such EMPLOYER shall nevertheless be required to increase the wages of all employees by the amount of increases set forth in Schedule 1 for the respective job classifications (but such increase shall not be retroactive), in order to obtain the benefits and privileges of this Agreement, for such collective bargaining unit.

MODIFICATION OF THIS AGREEMENT
41

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

VISITATION CLAUSE

42.

Authorized representatives of the UNION shall have admission to the establishments of the EMPLOYERS but such representatives shall make arrangements with the management as to time of making such visits,
It is further agreed that conferences held between UNION representatives and the employees shall not be held during the employees' working time; and if held on the premises, said conference must be within a place arranged for with the management.

NOTICES

43.

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

COST OF LIVING
44

Notwithstanding any other provision of this Agreement seemingly to the contrary, the parties agree that in the event the aggregate increases paid by the EMPLOYER for the period ending June 27, 1989 is exceeded by the cost of living (based on New York City Consumer Price Index) for the period ending June 27, 1989, the UNION shall have the right to request that a joint study committee be formed to examine and discuss the impact of said increase on the employees and the need, if any, for a wage review. In the event the parties fail to agree on what action to take, either party may submit the matter to the Impartial Chairman who shall be empowered to make a final decision with regard to said matter.

AREA STANDARDS AND WORK PRESERVATION
45.

(A) Any contract, lease or agreement entered into between a hotel and a concessionaire who employs employees in job classifications covered by this Agreement must contain a provision that the concessionaire agrees that the persons employed in the job classifications covered by this Agreement will work in accordance with the schedule of hours and will receive not less than the wages and economic benefits provided in this Agreement including holidays, vacations, premiums, overtime, health and welfare, dental , pension, legal and training and/or any other economic benefits required, by this Agreement or their equivalent and that said concessionaire or lessee further agrees to submit any question concerning compliance with the foregoing to the Impartial Chairman designated under Section 26 herein for determination. Any party affected may institute such arbitration.
(B) All work performed on the EMPLOYER'S premises and all products produced on the EMPLOYER'S premises by employees covered by this Agreement as of the effective date of this Agreement shall not be performed or produced by persons not covered by this Agreement , provided that an EMPLOYER or a group of EMPLOYERS may arrange to have products and/or work presently produced and performed on its premises to be performed by persons employed in job classifications covered by this Agreement  provided that such persons work in accordance with the schedule of hours and will receive not less than the wages and economic benefits provided In this Agreement including holidays, vacations, premiums, overtime, health, and welfare, dental, pension, legal and training and/or any other economic benefits required by this Agreement or their equivalent and further provided that the employment of those employed by the EMPLOYER or EMPLOYERS at the time of the arrangement shall not be adversely affected thereby.

C added by 1995 MoU:

(C.) With regard to any contract, lease or agreement entered into on or after July 1, 1995 between an employer and Concessionaire, the Employer and Concessionaire will be considered a joint employer for the purposes of this Agreement.  The Employer shall at all times hold and exercise full control of the terms and conditions of employment of employees of the joint employer for labor relations purposes and regard to the schedule of hours, wages and economic benefits provided in this Agreement including holidays, vacations. premiums, overtime, health and welfare, dental, pension, legal and training and/or any other economic benefits required by this Agreement.  The Employer's liability shall be limited as provided for in Section 46 of this Agreement.  Employees of the joint employer shall be members of the bargaining unit as set forth in Section 2 of this Agreement. 

FURNISHING SECURITY
46

In order to insure the faithful performance of the obligations contained In this Agreement every concessionaire shall be required to furnish security in the form of cash or bond In the amount of three (3) months' wages prior to entering into its operation, or at any time thereafter, upon demand by the UNION or hotel. Failure to demand security shall not be deemed to be a waiver of a concessionaire's obligations hereunder.
The cash or bond shall be deposited with the Impartial Chairman. In the event the Impartial Chairman finds that a default has occurred in the payment of cash wages, vacation or holiday payments, insurance fund contributions, pension fund contributions, medical fund contributions, training fund contributions, scholarship fund contributions, legal fund contributions, dental fund contributions, severance pay, or union dues, fees or assessments he shall order said payments to be made from the cash or bond on deposit with him and shall further order that the cash or bond be restored to its original amount.
   In the event a concessionaire who is required to post cash or bond hereunder fails to do so, the, hotel shall be responsible for any defaults.
   At the termination of any contract, concession or lease the Impartial Chairman shall return the cash or bond, upon being satisfied that there are no unpaid cash wages, vacation or holiday payments, insurance or pension fund contributions, medical fund contributions, training fund contributions, scholarship fund contributions, dental fund contributions, legal fund contributions, severance pay and/or union dues, fees or assessments.
The form of the bond to be posted shall be subject to the approval of the ASSOCIATION and the UNION, or, in the case of a non-ASSOCIATION hotel, the hotel and the UNION, and if they fail to agree, the form of the bond shall be determined by the Impartial Chairman.

BANQUET DEPARTMENT

47.

The EMPLOYER shall furnish the UNION with a list o f banquet waiters and banquet waitresses now employed by, or on the EMPLOYER'S A and B lists for such employment; such waiters and waitresses as are not members of the UNION at the time of the execution of this Agreement by the EMPLOYER shall become members of the UNION within thirty (30) days from the execution of this Agreement by the EMPLOYER, and the UNION shall accept such banquet waiters and banquet waitresses as members upon the same terms and conditions as other members. Banquet waiters and waitresses other than those now employed- or on the EMPLOYER'S steady A and B lists, shall be procured from the UNION to the extent that the UNION is able to furnish same. If the UNION is unable to supply waiters and waitresses satisfactory to the EMPLOYER, the EMPLOYER shall have the right to employ the additional number required from any available source.
The UNION agrees that all individuals who register with it as applicants for jobs as banquet waiters and waitresses shall be referred to jobs on a non-discriminatory basis and selection of
applicants shall not be based on, or in any way affected by, UNION membership, the UNION'S bylaws, rules or regulations, constitutional provisions, or any other aspect or obligation of UNION membership, policies or requirements.
Notice of the provisions of this Section and the functioning of job referrals and hiring arrangements shall be posted on bulletin boards in hotels and in the UNION where applicants for employment apply for jobs.
The classification of meals, hours, wages and working conditions of banquet waiters and banquet waitresses and banquet captains are contained in Schedule A-1 annexed hereto and made a part of this Agreement.
The parties shall convene a joint study committee to review and modify where necessary, any or all phases of banquet services and functions, including employment practices and working conditions attendant thereto, whether or not same-are set-forth in-the Agreement.
It is the parties' intention in establishing this study committee, that no current steady banquet, steady extra or roll-call banquet employee shall be laid off or suffer a reduction In the wage scales set forth in Schedule A-1, as a result of the implementation of any modification(s) or decision(s) made by the study committee or the Impartial Chairman.
With regard to roll-call banquet employees, current employee is defined as one who is registered on the Union's banquet hiring hall list as of May 31, 1985, and has worked at least
twenty (20) functions in the previous twelve (12) month period, i.e. June 1, 1984 to May 31, 1985. All roll-call employees registered on or after June 1, 1985, shall be considered new
employees.
   It is further agreed that concurrent with the establishment of this study committee, each hotel shall .establish a "B" list, on an individual hotel basis, provided that said "B" list shall not exceed sixty (60%) percent of the hotels 'A' list. Such "B" list shall not be established until thirty (30) days after the signing of this Agreement.
   It is the parties intention that the foregoing matters be studied, reviewed, discussed and resolved within ninety (90) days after the formation of the study committee, subject to either party's right to extend the study period for an additional thirty (30) days. In the event the parties fail to agree within the aforesaid time period, either party shall have the right to submit this matter to the Impartial Chairman, who shall be empowered to make a final and binding decision on any and all matters not resolved by the parties not later than forty-five (45)days after submission of this matter.

RELIEF APPEALS 

48.

Whenever, upon a written application of an EMPLOYER, it shall appear to the Impartial Chairman that the factual situation with respect to a particular EMPLOYER is such that the wage and hour scales provided in this Agreement will work unusual hardship on such EMPLOYER, and affect adversely the interest of the workers therein, such wage and hour scales may be modified, in the case of such EMPLOYER, to the extent approved by the Impartial Chairman.
An EMPLOYER that intends to make such application in connection with the wage increases under the Collective Bargaining Agreement shall make such application within sixty (60) days after the effective date of each wage increase under this Agreement. If application for relief is not made within sixty (60) days after the increases shall be put into effect, provided, however, that this shall not preclude an EMPLOYER from making application for relief thereafter.

UNIFORMS AND EMPLOYEE FACILITIES
49.

The EMPLOYER agrees that whenever it requires employees to-wear special uniforms, such uniforms shall be supplied and shall be laundered at the expense of the EMPLOYER. "McAlpin jackets" shall not be deemed to be special uniforms. The EMPLOYER agrees to supply cooks uniforms. A cook's uniform is defined as jacket, cap, apron, kerchief and pants.
The EMPLOYER agrees to provide adequate locker space for employees customarily provided with locker space. The EMPLOYER shall provide sanitary places for eating and changing clothes, and washroom facilities.

TOURS
50

(A) In the case of all tour parties, adult as well as youth, bellpersons shall receive not less than one dollar and twenty-five cents ($1.25) per bag checking in and per bag checking out.

Revised by 1995 MoU to: 

(A) In the case of all tour parties, adult as well as youth, bell persons shall receive an additional twelve and one-half cents (12.5 cents) per bag checking in and twelve and one-half cents (12.5 cents) per bag checking out to bring the total gratuity payable in and out per bag to one dollar and thirty seven and one-half cents ($1.375) per bag in and out. 

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

(C)
 (1) When a tour group having reservations at an EMPLOYER arrives and/or departs from a hotel or motel in motorized buses, doorpersons will be paid a gratuity equal to sixty-two and one-half cents (62.5e) (or arrival and sixty-two and one-half cents (62.5c) for departure per person.

Revised by 1995 MoU to: 

(C)                                                                                    (1)  When a tour group having reservations at a hotel or motel arrives and/or departs from a hotel or motel in motorized buses, door persons will be paid a gratuity equal to sixty-seven and one-half cents (67.5 cents) for arrival and sixty-seven and one-half cents (67.5) for departure per person. 

(2) This gratuity will apply to tour groups arriving only by bus and will be applicable to initial arrival and final departure.
(3) Buses are as we commonly know them and this gratuity arrangement does not apply to stretch-out wagons, such as used to transfer airline crews, and other such vehicles.
(4) Doorpersons will assist in the handling of the baggage and those hotels not employing doorpersons will not be subject to this gratuity payment.
(D) All hotels who are currently paying the aforesaid gratuities on a per person basis shall convert such payments to a per bag basis, provided, however that no gratuity will be paid on any bags in excess of two (2) for any one guest.
(E) Any hotel where employees have been paid rates or employed under conditions more favorable than those set forth in paragraphs (A) and (C) above shall, in addition to the increases set forth above, maintain the differential between the rate set forth in the Agreement and the rate it is paying, and maintain the conditions presently in effect.
(F) In the case of all tour parties, where meals are included, adult as well as youth, waiters and waitresses shall receive twenty-five (25c) cents per meal per person of fifteen (15%) percent of the price of the meal, whichever is greater.
(G) Where the rooming arrangements for professional athletic teams do not permit bellpersons to earn tips, such rooming shall be considered a tour, except that where other tip arrangements have been in effect they shall continue.
(H) The parties agree to submit the following matter to a study committee consisting of a' representative of the UNION and a representative of the ASSOCIATION:
   Notwithstanding Section 50(C)(3) above, whether or not doorpersons shall receive the tip referred to in Section 50(C)(1), in the case of stretch-out wagons used for tours.
In the event the parties are unable to agree on any of the above, either party may submit same to the Impartial Chairman for decision.

NIGHT SHIFT DIFFERENTIAL
51

(A) General
Night shift differential shall apply to all employees covered by this Agreement except those listed on Schedule A-1.
(B) Payment; Rate
The night shift differential shall be paid for all hours worked after 8:00 P.M. in the evening and before 6:00 A.M. the next morning. Each employee employed during the hours stated above, shall receive in addition to. his or her regular wages, forty-three (43c) cents per hour for each hour worked during said period. Effective August 27, 1986, November 1, 1987 and January 1, 1989 said night shift differential rate shall
be increased to forty-five (45c) cents, forty-seven (47$) cents and forty-nine (49c) cents respectively.
(C) Calculation
(1) The wage rate on the basis of which overtime compensation is to be calculated shall not include the night shift differential. Although the night shift differential shall not be added to the regular rate for the . purpose of calculating overtime compensation, the amount of the agreed upon night shift differential shall be paid for each hour of work of an
employee during the night hours to which such night shift differential payment is applicable.
(2) Vacation, sick days, personal days, bereavement, jury duty pay and holiday pay shall include the night shift differential, provided, however, that this applies only to regular and full-time employees who are regularly scheduled for work during the hours for which the night shift differential is paid.

SEVERANCE PAY
52.

(A) In the event of termination resulting from the closing of a hotel or a restaurant therein or a department thereof, or a concession, or from (1) the conversion of the elevators to self service elevators or (2) the conversion of telephone department equipment or
(3) the conversion of hotels to cooperatives, severance pay shall be paid as a result of any of the foregoing.
(B) For the purpose of calculating severance pay, the EMPLOYER shall pay over to the UNION for distribution by the UNION to the employees affected an amount equal to four (4) days of regular wages for each year of service for each employee affected provided the employee had no less than six (6) months' service. Tip employee's shall receive double the amount of severance pay calculated In accordance with the above formula. Unless otherwise proven, all employees laid off within one (1) year of a permanent closing shall be presumed to have been terminated as a result of the closing and shall be eligible for severance pay. In connection with the foregoing, the EMPLOYER shall issue, and send to the UNION for distribution, checks made payable to the individual employees entitled to severance pay in accordance with the foregoing formula. The EMPLOYER agrees lo make all statutory tax withholdings prior to transmittal of the checks to the UNION for distribution. In addition, unless as otherwise agreed by the ASSOCIATION and UNION, a further payment equal to twenty-five (25%) percent of such amount shall be paid to be allocated to the New York Hotel Trades Council and Hotel Association of New York City Insurance Fund, Union Family Medical Fund of the Hotel Industry of New York City and New York Hotel Trades Council end Hotel Association of New York City, Inc. Pension Fund in such proportions as the ASSOCIATION and the UNION shall agree. Payment shall be computed to the nearest quarter year.

TECHNOLOGICAL CHANGE
53.

(A) The UNION has long cooperated with EMPLOYERS' introduction of new equipment, changes in operating techniques and technological improvements (all three (3) herein referred to as "modifications") in the various departments of the hotels. Accordingly, in the event the EMPLOYER intends to introduce modification in its hotel, it shall meet with the UNION at least thirty (30) days in advance of its intention to implement same, to discuss the ramifications.
(B) If the parties agree to said modifications and, as a result, job terminations or job changes occur, the parties shall discuss severance pay (or employees who are terminated. If severance pay is required, the formula set forth in Section 52(B) shall be applied. Such job changes and terminations are not those referred to In Section 22(B) and (C) hereof.

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

Revised by 1995 MoU to: 

(C) It is agreed that the introduction of new technology or equipment or certain modifications which may broaden job skills, duties or responsibilities does not automatically require additional compensation or an adjustment in the wage rate of the affected employees. 

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

Revised by 1995 MoU to: 

(D) In no event shall submission to the Impartial Chairman's office delay implementation of the Employer's modification(s).

SICK LEAVE
54.

(A). Entitlement
(1) All employees covered by this Agreement who have been continuously employed by the EMPLOYER for a period of at least one (1) year shall be entitled to five (5) days sick leave with pay for each calender year. Effective August 27, 1986, all employees covered by this Agreement who have been continuously employed by the Employer for a period of at least one (1) year shall be entitled to one (1) additional days' sick leave with pay, for a total of six (6). Effective with the second payroll week of December of each year of this Agreement, each eligible employee who has not used all his/her sick leave shall receive one day's pay for each unused sick day.
(2) Sick leave pay shall be prorated after an employee's first year of continuous employment from his/her date of hire to December 31st in accordance with the number of months worked during that calender year. Beginning with the first calender year following thereafter, and for each full year of employment the employee shall be entitled to full entitlement pursuant to the provisions hereof. Where an employee is hired after January 1, his/her anniversary dale shall control for proration of sick leave pay.
(3) Sick leave benefits shall not accumulate from one year to the next.
(4) Payment of sick leave is intended solely to provide compensation to employees who are absent from work because of illness or Injury. An employee who abuses sick leave benefits shall be subject to disciplinary action.
UNION agrees to cooperate in preventing and correcting abuses of these sick leave benefits.
(B) Calculation and Payment
(1) Sick leave pay shall be calculated in the same manner as holiday pay.
(2) Sick leave pay shall not be paid on the employee's scheduled day off, holiday, vacations, or any other day on which the employee is drawing pay for time not worked, or would not have otherwise worked.
(C) Absence
(1) An employee absent from work due to illness on a scheduled workday immediately before and/or on the scheduled workday immediately after a holiday or vacation period shall not be eligible for sick pay for said absent workday or workdays.

LEAVE OF ABSENCE
55

(A) An employee who has been employed by an EMPLOYER for five (5) years or more shall be entitled to one leave of absence without pay not to exceed sixty (60) days upon giving two (2) weeks written notice of request for leave of absence to the EMPLOYER and the UNION. The EMPLOYER shall not be required to allow more than one (1) employee in a job classification to be on leave of absence at the same time. If more than one (1) employee in a job classification requests a leave of absence at the same time preference shall be given to the employee with greater seniority.
(B) The EMPLOYER may for good cause defer the time of the commencement of the requested leave of absence.
(C) An employee on leave of absence hereunder shall not take other employment during such leave without the prior written consent of the EMPLOYER.
(D) Leaves of absence under this provisions shall not affect seniority rights but the EMPLOYER shall not be obliged to pay the employee on leave of absence for any holidays which fall during the period of such leave.

STUDY COMMITTEE
55

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

A. Industry-Wide Benefit Programs
B. Industry Training Fund
C. Delayed or Cancelled Flights
D. Job Posting and Bidding
E. Grievance Procedures
F. Major Structural Alterations
G. Operating Distinctions Between Hotels
H. Productivity
In the event that any of the foregoing study committees are unable to reach agreement, within ninety (90) days or such other time as the parties may agree, either party shall have the right to submit the matter to the Impartial Chairman for decision.
(A) The parties recognize (i) the need to continue to provide the variety of benefits offered by the Industry-wide pension, welfare and training programs, (hereinafter called "benefit programs"), (ii) the necessity of maintaining the high standards of quality contained in each of the benefit programs, and (iii) the financial pressures on said program due to inflation. Therefore, the parties will immediately establish a joint study committee to study and formulate the plans required to support, maintain and/or improve each of the benefit programs.
(B) The parties recognize the significant achievements of the Industry Training Program and the need to maintain the program. Accordingly, the parties agree that the trustees of said program shall at their earliest opportunity study the present conditions of the program, the industry needs and the best method of providing upgrading to the employees employed in the industry. Upon completion of the study the trustees shall adopt a program to meet the needs and requirements of the industry and its employees. In the event the trustees are unable to agree on such a program either party may submit the matter to the Impartial Chairman for decision.
(C) The UNION contends that the earning capacity of front service employees and a la carte waiters/waitresses has been adversely affected as a result of the problems encountered by hotels in servicing guests who are affected by delayed or cancelled flights and that therefore the earnings of these employees have been reduced. The UNION has therefore proposed, and the ASSOCIATION has agreed, to the establishment of a joint study committee to conduct a study of the UNION'S claim and report its finding to the parties. The committee is empowered to make specific proposals as to how to deal with the results of their study.
(D) The parties hereto agree to convene a joint study committee to examine the advisability of, and the best method of, if so agreed, establishing a program whereby all job openings shall be posted for bids. The purpose of such a program, if same is found to be needed, would be to enable employees to bid on such openings. Among the issues to be considered by the committee are seniority, ability, the needs of the hotel, the right of part-time employees to have preference over new hires for full-time jobs within the classification in which they are employed, and the right of the UNION 19 file a grievance if a bid request is denied. The parties recognize the great variety of skills by various groups of employees within the hotels and therefore agree that any program adopted shall provide that bidding, and filling of job openings may, in the EMPLOYER'S discretion be limited to those employees in the same classification.
(E) The parties agree to meet and revise the grievance machinery in accordance with their mutual agreement, or upon the recommendation of a third party or parties from whom they may request an overall study, review and analysis of this machinery. Pending mutual agreement as to the language, the present machinery shall be continued. In the event the parties fail to agree within one hundred eighty (180) days, either party shall the right to submit this matter to the Impartial Chairman, who shall be empowered to make a final and binding decision on any and all matters not resolved by the parties not later than forty-five (45) days after submission of this matter.
(F) The parties hereto agree to convene a joint study committee to study and report on a revision of Section 17 concerning Major Structural Alterations.
(G) The parties recognize that significant operational distinctions exist between hotels as
a result of location, size, market and nature of operation, (i.e., cooperatives, residential, proximity to theaters and shopping). Further, they recognize the need
to provide suitable programs for all hotels, which will enable said hotels to remain viable in order to insure their continued operation and employment of members of
the UNION. Therefore, the parties agree to forthwith convene a study committee to determine the nature of such relief, if any, as may be required to accomplish the recognized needs set forth above.
(H) The parties, in an effort to Insure the continued growth of the industry, and in recognition of the ever changing needs and services to be provided to clients of the hotels, as well as the continually changing patterns of operations employed by the industry agree to immediately establish a joint committee to study and formulate such programs as might be required to assist the hotels in attaining greater productivity in order to enable the hotels to offer better services to their guests. Among the areas of study are those of the front service, banquet, housekeeping and front office departments. It is understood, however, that either party may add to the departments to be reviewed by the study committee.

EXPIRATION AND RENEWAL
57.

(A) This Agreement shall be effective as of June 27, 1985 except as otherwise specified, and
shall continue for a period ending the 26th day of June, 1990. This Agreement shall be renewed from year to year thereafter unless written notice of termination by certified mail return receipt requested is given by either party to the other not less
than sixty (60) days prior to its expiration.
This Agreement may be executed by hotel and concessionaire EMPLOYERS on separate copies hereof, and all copies hereof, although separately signed, shall be
deemed and taken together as constituting one agreement.
(B) It is agreed that the execution of the within Agreement by the ASSOCIATION and the UNION and by the UNION and ASSOCIATION members who have not authorized the ASSOCIATION to execute the within Agreement on their behalf, shall be deemed to immediately supersede, cancel and annul the March 17, 1981 Agreement which, by Its terms, expired May 31, 1985 save and except for the provisions as set forth in the Supplemental Agreements marked Schedules B,C,D,E, and F, annexed thereto, which, as modified, are merged in the Supplemental Agreements marked Schedule B.C.D.E, and F, annexed hereto. It is further agreed that each Agreement made between the UNION and the members of the ASSOCIATION who become parties lo the March 17, 1981 Agreement shall likewise be immediately superseded, cancelled and annulled as to those members who become parties to this Agreement by agreeing to the same.
(C) In the case of all other EMPLOYERS, It is agreed that the execution of the within Agreement by the EMPLOYER and the UNION shall be deemed to immediately supersede, cancel and annul the March 17, 1981 Agreement which, by its terms, expired May 31, ' 1985, save and except for the provisions as set forth in the Supplemental Agreement marked Schedule B,C,D,E, and F, annexed thereto, which, as modified, are merged in the Supplemental Agreements marked Schedule B, C, D, E, and F. annexed hereto.
Industry-Wide Agreement (1985) page 32

AFFILIATED LOCALS
58

The UNION and its several affiliates, namely Local Union 3 of the International Brotherhood of Electrical Workers; Hotel , Restaurant & Club Employees and Bartenders Union, Local 6 of the Hotel Employees and Restaurant Employees International Union; Local 94, 94A and 94B of the International Union of Operating Engineers; Hotel, Hospital, Nursing Home and Allied Service Employees Union, Local 144 of the Service Employees International Union; Local 56 of the International Brotherhood of Firemen, Oilers and Maintenance Mechanics; Hotel Maintenance Painters, Local 1422 of the Brotherhood of Painters, Decorators and Paperhangers of America; Local Union 153, of the Office and Professional Employees International Union; Hotel Maintenance Upholstery Workers Union Local 43 of the Upholsterers International Union of North America; and Hotel Maintenance Carpenters Valet and Utility Workers Union, Local No. 1, hereby agree to be bound by the provisions of this Agreement, and do signify the same by its execution thereof. All rights, benefits, privileges and/or immunities granted or secured by this Agreement to the UNION or any of its affiliates or members can be enforced only by or through the New York Hotel and Motel Trades Council, AFL-CIO, the UNION herein.

SUCCESSORS AND ASSIGNS
59

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

Added  by 2001 MoU:

   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.

SEPARABILITY
60

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

IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written.
HOTEL ASSOCIATION OF NEW YORK CITY, INC.

Industry-Wide Agreement (1985) Page 33

By: Albert A. Formicola, President. Association
By: Jeffrey Flowers, Chairman of the Board, Association

NEW YORK HOTEL AND MOTEL TRADES COUNCIL, AFL-CIO

By: Vito J. Pitta, President, Council

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL NO. 3

HOTEL, RESTAURANT & CLUB EMPLOYEES AND BARTENDERS UNION, LOCAL NO.6 of the HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION
INTERNATIONAL UNION OF OPERATING ENGINEERS. LOCAL NO. 94 and 94A
HOTEL, HOSPITAL, NURSING HOME AND ALLIED SERVICE EMPLOYEES UNION. LOCAL 144 OF THE SERVICE EMPLOYEES INTERNATIONAL UNION
INTERNATIONAL BROTHERHOOD OF FIREMAN, OILERS AND MAINTENANCE MECHANICS, LOCAL NO. 56
HOTEL MAINTENANCE PAINTERS, LOCAL NO. 1422 OF THE BROTHERHOOD OF PAINTERS, DECORATORS AND PAPERHANGERS OF AMERICA
HOTEL MAINTENANCE UPHOLSTERY WORKERS UNION LOCAL NO. 43 OF THE UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA
OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION , LOCAL 153
HOTEL MAINTENANCE CARPENTERS VALET AND UTILITY WORKERS UNION, LOCAL NO. 1

SCHEDULE 1

The following wage increases shall be granted as provided in Section 14 for the employees:
Effective:
June 27. 1985...................................6.5%
August 27, 1986................................6.0%
November 1, 1987.............................5.5%
January 1, 1989................................5.5%

All increases based on May 31, 1985 actual rates of pay.
Banquet rates are shown separately in Schedule A-1. TIP CLASSIFICATIONS INCLUDE THE FOLLOWING:
Waiters/Waitresses*
Extra Meal Waiters and Waitresses
Banquet Waiters and Waitresses
Dining Room Attendants
Turkish Baths-Masseurs/masseuses
Attendants
Steam Room Attendants
Floor Attendants
Bellpersons and Baggage Porters - T, ST and R
Working Bell Captains
Driver/Bellpersons
Driver/Doorpersons Doorpersons
Package Room Messengers
Pages
Valet Runners & Deliverers (this does not include pressers who also deliver)

*The parties will study the matter of service charges in lieu of tips for waiters and waitresses.

SCHEDULE   A-1
CLASSIFICATION OF MEALS. HOURS AND WAGES FOR BANQUET WAITERS. BANQUET WAITRESSES &
BANQUET CAPTAINS
        (Wage scales set forth herein shall include meals)
                                          Effective        Effective       Effective     Effective
                                          June   27        August   27     Nov.   1      Jan.   1
                                          1985             1986            1987          1989

BANQUET WAGES                                           
Breakfast-Starting between 7:00 a.m.
and 11:00 a.m., consuming 3 hours...….....$20.53…...…...…….$21.69.……......$22.75……......$23.81
Luncheon-Starting between 11:00 a.m.
and 3:00 p.m., consuming 3 1/2 hours….....$20.81....………....$21.98……....... $23.05.…......$24.12

Afternoon Tea or Cocktail Party-
Starting between 2:30 p.m. and 5 p.m.
consuming 3 hours…………………….................$20.25..…….......$21.39.....……...$22.44.….....$23.49
Dinner or Supper- Starting after
6:00 p.m., consuming 4 1/2 hours..........$21.37.….….......$22.57..……......$23.67.......$24.77
Dance (no food)-   Starting after
8:00 p.m., consuming 5 1/2 hours..........$20.81...........$21.98...…….....$23.05..…....$24.12
Additional for each setting up and each clearing 

off.......................................$13.23...........$13.98.…….......$14.66.......$15.34
Holidays..................................$79.32...........$83.79...…….....$87.89.….....$91.99

In setting forth the stated hours and the time to be consumed by these various functions.

It Is the intent that overtime compensation will be paid in the event that service exceeds 

the hours set forth above, in the following amounts:
                                            6/27/85       8/27/86      11/1/87       1/1/89 

Breakfast..……………...........................$10.26....  ... $10.84.......$11.37.......$11.90
Luncheon.................................... 8.92............9.42....………..9.88........10.34
Afternoon Tea.............................. 10.13...........10.70...………..11.22........11.74
Dinner.......................................7.12............7.52...……....7.89.........8.26

Overtime compensation for banquet captains shall be paid at one and one-half (1 1/2) times their

hourly rate of pay.  It is not the intent of this provision to alter or abrogate any practice now 

existing that had been agreed upon between the parties hereto.  The hours designated for any function 

shall be the hours, beginning at the time -when the service-personnel report on the floor for duty, 

exclusive of any time consumed for dressing or eating.

SCHEDULE A-1
CLASSIFICATION OF MEALS. HOURS AND WAGES FOR BANQUET WAITERS. BANQUET WAITRESSES &
BANQUET CAPTAINS
(Wage scales set forth herein shall include meals)

In setting forth the stated hours and the time to be consumed by these various functions It Is the intent that overtime compensation will be paid in the event that service exceeds the hours set forth above, in the following amounts:

Overtime compensation for banquet captains shall be paid at one and one-half (1 1/2) times their hourly rate of pay.
It is not the intent of this provision to alter or abrogate any practice now existing that had been agreed upon between the parties hereto.  The hours designated for any function shall be the hours, beginning at the time -when the service-personnel report on the floor for duty, exclusive of any time consumed for dressing or eating.

Committee reception in connection with a dinner, held in a private room, wherein personnel also serve at the dinner-effective June 27, 1985, $13.11 in addition to regular wages, effective August 27, 1986, $13.85. effective November 1, 1987, $14.53 and effective January 1, 1989. $15.21
Buffet, starling before 6:00 P.M., to be paid for at Luncheon Prices.  Buffet, starting after 6:00 P.M., to be paid for at Dinner Prices.

WORKING CONDITIONS
1 . Service personnel shall report one (1) hour before the function is scheduled to begin.
2. Set-up personnel shall report for duty one (1) hour before service personnel report.
3. Clear-off personnel shall remain until function terminates.
4. Fifteen (15) covers shall be considered the standard set-up for breakfast and for supper (except in the case of an elaborate supper, in which case the set-up shall be ten (10)). Ten (10) covers shall be considered the standard set-up for luncheon and dinner.
5. Tables of eleven (11) and twelve (12) will be accepted as a regular set-up In exceptional cases, but not as a regular procedure.
6. Thirteen (13) to seventeen (17) covers will be considered a "split" table for which, for breakfast and luncheon, an extra $12.61 shall be paid effective June 27, 19B5, $13.32
effective August 27, 1986, $13.97 effective November 1, 1987 and $14.62 effective January 1, 1989. For dinner an extra $13.61 shall be paid effective June 27, 1985,
$13.90 effective August 27, 1986, $14.58 effective November 1, 1987 and $15.26 effective January I, 1989.
7. Double tables of twenty (20) to twenty-four (24) shall be considered two (2) tables as far as wages are concerned, except for breakfast where double tables shall be considered a "double split."
8. Set-up and clear-off personnel shall follow the general industry practice of servicing forty covers.
9. In cases where no set-up personnel are provided and waiters/waitresses are required to set up their own tables, each shall be paid extra, in addition to his/her regular pay, as follows: June 27, 1985, $3.31, August 27, 1986, $3.50, November 1, 1987, $3.67 and January 1, 1989, $3.84.
10. When food is not provided, due to the late hour or otherwise, waiters/waitresses shall be paid (25c) twenty-five cents extra in addition to their regular pay.
11. Payment of wages and gratuities shall be made as soon as possible after the termination of service but in no case later than forty-eight (48) hours after the function, except in exceptional cases.
12. Extra Banquet Captains who work on a daily basis Instead of a weekly basis shall be paid for breakfast and luncheon $35.33 effective June 27, 1985, $37.32 effective August 27, 1986, $39.14 effective November 1. 1987 and $40.96 effective January 1, 1989. They shall be paid for dinner $36.44 effective June 27, 1985, $38.49 effective August 27, 1986, $40.37 effective November 1, 1987 and $42.25 effective January 1. 1989. It Is understood that they will work during the entire period of the function, including the time required for setting up and clearing off.
13. Banquet clear-off servers at dinner dances who are required to remain more than one
(1) hour after the service food terminates shall be paid, in addition to their regular clear-off wages, a flat sum of $13.67 effective June 27, 1935, $14.44 effective August 27, 1986. $15.15 effective November 1, 1987 and $15.86 effective January
1, 1989. and dinner overtime after completion of five and one-half (51/2) hours from the time they are called for service of the function. (It is understood that this rule will
be uniform in all hotels for dinner dances and the various arrangements now in effect in individual hotels will be modified to conform with this procedure, except that any existing arrangements providing greater compensation to employees shall not be reduced.)
14. In order to avoid errors and confusion, the UNION shall provide the employer with the names of the extra personnel referred for a junction at least two hours before they report for work. (This provision can be effective only in cases where the hotel calls the UNION not later than 3:30 p.m. on the day preceding the date of the function).
15. Under no circumstances shall Banquet personnel or delegates have the privilege or right to discuss working conditions, wages or gratuities with Banquet Committees or guests. All grievances must be referred to the Headwaiter, and by the Delegate only.
16. It is understood that the hours, wages and working conditions for extra banquet waiters/waitresses and captains provide a minimum standard for all hotels. Any hotel that has already granted and put into effect conditions more favorable to the UNION than those listed above will be obligated .to continue. such practices now existing except as otherwise provided in paragraph 13 above.
17. Banquet waiters/waitresses, at all functions with music, where the function continues after 2:00 a.m., shall be paid for work performed after 2:00 a.m. at the rate of $7.86 effective June 27, 1985, $8.30 effective August 27, 1986, $8.71 effective November 1, 1987 and $9.11 effective January 1, 1989. This rate shall be paid in addition to the present clear-off rates, as set forth in paragraph 13 above, for banquet clear-off personnel who are required to remain more than one hour after the service of food terminates. Any hotel which has already granted and put into effect conditions more favorable to banquet waiters/waitresses than those listed above shall continue such more favorable practices.
18. On or before October first of each year, a committee of the ASSOCIATION and a committee of the UNION shall meet to determine the wages to be paid employees for the following New Year's Eve. In the event the parties are unable to reach an agreement by November first, the matter may be submitted to arbitration.
19. Banquet waiters and waitresses covered by this Schedule shall receive the following vacation and holiday pay:
A. Eligibility: .
(1) A banquet waiter or waitress shall be eligible for vacation pay in a hotel in any fiscal year if he or she was on the hotel's steady or rotation list for at least six (6) months in the previous fiscal year provided that his or her gross wages .earned in the hotel were at least $1,000.
  For purposes of this provision the fiscal year shall be the period starting September 1, and ending August 31, of the following year. Vacation pay shall be paid to all eligible employees at the beginning of each fiscal year for the preceding year.
(2) The number of weeks of vacation pay for which a banquet waiter or banquet waitress shall be eligible under paragraph (1) above, shall be based on hotel's steady or rotation list for at least six (6) months, based on the schedule set forth in Paragraph 28 (A) (1) of the Agreement.
(3) The amount of vacation pay for employees who have been on the steady or rotation list for six (6) months or more in the preceding year will be calculated by multiplying the amounts arrived at under paragraph (a) or (b) below by the following fractions:
6 months but less than 6 1/2 months........... 6/9
6 1/2 months but less than 71/2 months....... 7/9
7 1/2 months but less than 81/2 months....... 8/9
8 1/2 months or more.................... full amount
(a) Gross wages of $1,000 but less than 53,000:
1.9% of gross wages per week of vacation plus 100%.
(b) Gross wages of $3,000 or more:
Effective June 27, 1985 - $396.58 per week
Effective August 27, 1986- $418.92 per week
Effective November 1, 1987 - $439.40 per week
Effective January 1, 1989 - $459.88 per week
  Gross wages shall mean the sum of the function rate plus the rate for split tables, set-up and clear-off (exclusive of gratuities).
 

B. Banquet Captains
Banquet captains on a hotel's steady list shall be eligible for
vacations in accordance with the foregoing rules, but gross wages shall mean the banquet captain's total straight-time earnings, exclusive of gratuities, received during the preceding calendar year.
C. Roll-call Banquet Waiters and Banquet Waitresses.
Effective June 27, 1985, roll-call banquet waiters and waitresses
shall be paid $2.40 for each banquet function as vacation and holiday pay. The foregoing payment shall be increased effective August 27, 1986 to $2.54, effective November 1, 1987 to $2.66 and effective January 1, 1989 to $2.78. Said payment shall be paid together with their regular earnings.
In the event roll-call banquet waiters or roll-call banquet waitresses worked on a holiday listed In Section 29 (A) of the collective bargaining agreement, they shall receive holiday pay in the same amount payable to a la carte waiters/waitresses under the wage scale set forth in Schedule A. Said holiday pay shall be in addition to the wages payable for the banquet function or functions.
D. Banquet waiters and banquet waitresses on a hotel's steady rotation list and banquet captains on a hotel's steady list shall receive holiday pay based upon the same eligibility applicable to regular employees. The amount of pay for a holiday shall be the amount payable to a la carte waiters/waitresses or a la carte captains under the wage scales set forth in Schedule A.
Should it be necessary for such banquet waiters, banquet
waitresses or banquet captains to work on any of the holidays listed in
Section 29 (A) of the collective bargaining agreement, said holiday pay shall be in addition to the wages payable for the banquet function or functions.

SCHEDULE A-2
VACATIONS, CALL-IN PAY AND HOLIDAY PAY FOR CHECKROOM AND WASHROOM ATTENDANTS

Checkroom and Washroom Attendants shall receive vacations, holiday benefits and call-in pay as follows:

A. VACATION PAY
Industry-Wide Agreement (1985) Page 40

1. Amount of Vacation Pay:
Upon completion of one (1), two (2), three (3), arid four (4) years respectively of continuous employment each employee shall receive (2%) two, (3%) three, (4%) four, and (5%) five percent respectively of the wages earned during the immediate calendar year preceding the vacation payment.
2. Eligibility for vacation pay shall be based upon each employee having been
employed for not less than six (6) months during the preceding calendar
year.
B. CALL-IN PAY .
1. An employee called in to work on any given day shall be provided with
not less than three and one-half (31/2) .hours of work
C. HOLIDAY PAY
1. The following five holidays shall be recognized as paid holidays: Thanksgiving, Christmas, New Year's, Washington's Birthday, and Martin Luther King's Birthday.
2. All questions concerning eligibility and any other related issues shall be determined in accordance with the terms of the Agreement.
3. An employee who is eligible to receive holiday pay and who is called in to work on any one of the aforementioned holidays, and does so work, shall be paid at the rate of double time.
4. An employee who is eligible to receive holiday pay and does not work on the holiday shall receive as holiday pay three and one-half (31/2) hours pay at straight time.
5. An employee who is eligible to receive holiday pay and who is called in to work on any one of the following holidays: Memorial Day, July 4th and Labor Day, and does so work, shall be paid at the rate of double time.
6. An employee who is eligible to receive holiday pay and who does not work any of the holidays referred to in Paragraph C-5 above, shall not be entitled to receive any holiday pay.

SCHEDULE A-3

VACATIONS AND HOLIDAYS FOR STEADY EXTRA BANQUET BARTENDERS

Steady extra banquet bartenders shall be eligible for vacation and holiday pay in accordance with the following provisions:
1. ELIGIBILITY
A. A steady extra banquet bartender shall be eligible for vacation pay in a hotel in any calendar year if he or she was on the hotel's steady extra list for at least six (6) months in the previous calendar year, provided that his or her gross wages earned in the hotel, exclusive of gratuities, was at least $1,000.00.
B. The number of weeks of vacation pay for which a steady extra bartender shall be eligible under paragraph "A" above shall be based on the number of consecutive years, in each of which the employee has been on the hotel's steady extra banquet bartenders list for at least six (6) months and shall be in
accordance with the schedule set forth in Section 28 (A) (1) of the Agreement. 
C. The amount of vacation pay for employees who have been on the hotel's Industry-Wide Agreement (1985) Page 41
steady extra banquet bartenders list for at least six (6) months or more in the preceding years will be calculated as follows:
Each employee in order to be eligible for vacation pay must earn a minimum of 51,000.00 of wages and a maximum of $3.000.00 of wages.  Each employee receiving $3,000.00 'or more in wages excluding gratuities should receive a maximum vacation pay of $360.26 per week, effective June 27, 1985, $380.45 effective August 27, 1986, $399.05 effective November 1, 1987 and $417.65 effective January 1, 1989.
For steady extra banquet-bartenders-earning more than $1,000.00 but less than $3,000.00 the rate of vacation pay will be prorated on the percentage of earnings considering $3,000.00 as 100%.
Said proportion to be applied as follows:
The vacation pay above would be subject to the following:
6 months employment but less than 6 1/2 months..........6/9
6 1/2 months employment but less than 7 1/2 months...7/9
7 1/2 months employment but less than 8 1/2 months...8/9
8 1/2 months employment or more:...................full amount

D. Steady extra banquet bartenders shall receive holiday pay based upon the same eligibility applicable to regular employees. The amount of pay for a holiday shall be the amount payable to a service bartender under the wage scale set forth in Schedule A.
Should it be necessary for a steady extra banquet bartender to work on any of the holidays listed In Section "29 (A) said holiday pay shall be in addition to the wages payable for the banquet function or functions.
E. Bartenders who are neither on the steady extra banquet payroll nor the regular hotel payroll and are called in to service banquet functions shall receive $2.19 per function as vacation and holiday pay effective June 27, 1985, $2.31 as of August 27, 1986, $2.42 as of November 1, 1987, S2.53 as of January 1, 1989.

INSURANCE FUND SCHEDULE B
SUPPLEMENTAL AGREEMENT

Dated 26th day of June, 1985 

between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter call the ASSOCIATION, and the operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and concessionaires covered by this Agreement, and who shall become parties hereto by executing this Agreement, or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, AFL-CIO, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.
WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and
WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement, the EMPLOYER agreed to contribute sums of money equal to a stated percentage of its payroll to a Fund to be used to provide life, accidental death and dismemberment, accident and health, and hospitalization insurance to employees covered by Collective Bargaining Agreement, and employed by the EMPLOYER, and hospitalization insurance to the families of such employees, and
WHEREAS, the EMPLOYER, under the award dated September 13, 1944 and under
subsequent collective bargaining agreements, made contributions to the Fund to provide for employees covered by the Collective Bargaining Agreement benefits similar to the benefits contemplated by the within Agreement, and hospitalization insurance to the families of such employees, and
WHEREAS, the March 17, 1981 Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue payments to the Fund to provide the benefits hereinafter set forth,
   NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions:

1. (A) The term "employees of the EMPLOYER"-as used in this Supplemental Agreement means all of the employees of the EMPLOYER who are covered by and are entitled to the benefits of the Collective Bargaining Agreement.
(B) The term "family" as used herein means an employee's spouse and children under the age of 19 years.

2. The EMPLOYER shall continue to pay the Trustees (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of August 1944 as amended on July 1, 1948 and restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Restated Agreement and Declaration of Trust are herein specifically Incorporated by reference, a sum of money equal to three and seventy-five one-hundredths percent (3.75%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages computed as heretofore payable to the employees of the EMPLOYER, for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing life, accident and health, and hospitalization insurance to the employees covered by the Collective Bargaining Agreement and employed by the EMPLOYER and hospitalization insurance to the families of such employees. An employer not previously a party to the Collective Bargaining Agreement shall, upon becoming a party to the Collective Bargaining Agreement pay to the Trustees six and one-half percent (6 1/2%) of the wages during the first six months following the effective date of the Agreement in such EMPLOYER'S hotel and three and seventy five percent (3.75%) of the wages thereafter. The EMPLOYER also shall pay to the Trustees an additional One Dollar and Fifty Cents ($1.50) per month for each employee on the EMPLOYER'S payroll on the 15th day of each month, which money shall be utilized to establish an optical program for eligible employees.

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

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

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

6. (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Restated Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for arbitrations) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.
  (B) The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law. in equity, or in bankruptcy for the purpose of effectuating the
collection of any sums due to them from the EMPLOYER under the provisions of paragraph No. 2.
  (C) The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision, payroll
records shall include but not be limited to employee time cards, individual employee earning records. Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.
  (D) In the event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the to the Impartial Chairman for determination.

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

8. The provisions of this Supplemental Agreement shall remain In full force and effect for ' the full term of the Collective Bargaining Agreement, but shall terminate and come to CITY, INC., and the UNION, or, in the case of a non-association hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATlON or concessionaire EMPLOYER and the UNION.

9. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER, or due from the EMPLOYER, under the provisions of the Award by the ... . Commission dated September 13, 1944 and under subsequent collective bargaining agreements and in the hands of the Trustees as of the date of this Supplemental Agreement (and not, as of the date of
this Supplemental Agreement, already applied to ',.4 the purchase of insurance benefits for employees), and in whatever form or investments such contributions shall be, shall be deemed to be covered and controlled by, and embraced in and applied under, the terms of the within Supplemental Agreement and the Restated Agreement and Declaration of Trust, free from all rights and claims therein and hereto on the part of any EMPLOYER or of the UNION, with the same force and effect as if such contributions, in whatever form the same may be, had been contributed by the EMPLOYER immediately after the execution of the within Supplemental Agreement.

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

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

12. Regardless of the date on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 26, 1985 with the same force and effect as if it had been actually executed on that date. The within Supplemental Agreement shall, in all things, supersede the aforesaid prior Award of the Commission.

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

14. For the purpose of calculating contributions, wages shall be defined as Including vacation pay, overtime pay. holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an employee's wages- commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet waiters' and waitresses' tips. 
  IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

PENSION FUND
SCHEDULE C

ASSOCIATION OF NEW YORK CITY. INC., hereinafter called the ASSOCIATION, and the operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees In the hotels and concessionaires covered by this Agreement and who shall become parties hereto by executing this Agreement or a duplicate thereof, each and every such signatory hotel and concessionaire being hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, AFL-CIO, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER.
WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and
WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement, the EMPLOYER agreed to contribute sums of money equal to a stated percentage of Its payroll to a Fund to be used to provide pensions to employees covered by the Collective Bargaining Agreement employed by the EMPLOYER, and
WHEREAS, the EMPLOYER, under the Supplemental Agreement dated June 19, 1952, and subsequent collective bargaining agreements, made contributions to the Fund to provide pensions for employees covered by the Collective Bargaining Agreement and
WHEREAS, the March 17, 1981 Collective Bargaining Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continued payment to the Fund to provide the benefits hereinafter set forth,
NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions:

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

2. The EMPLOYER shall continue to pay to the Trustees 'Of the New York Hotel Trades Council and Hotel Association of New York City, Inc., Pension Fund (hereinafter called the "(Trustees)" designated under an Agreement and Declaration of Trust dated as of the 17th day of December 1952, as amended and as restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Restated Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to five and one-half percent (51/2%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages payable to the employees of the EMPLOYER for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing pensions to the employees covered by the Collective Bargaining Agreement employed by the EMPLOYER.
The EMPLOYER agrees to increase its contribution to the Pension Fund in order to meet the requirements of the Employees Retirement Income Security Act (ERISA) of 1974 by such amount as is finally determined upon completion of an actuarial valuation.

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

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

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

6.
   (A) This Supplemental Agreement and the Collective Bargaining Agreement and the Restated Agreement and Declaration of Trust shall be construed as a single document, and all the provisions of the Collective Bargaining Agreement relating to the administration and enforcement thereof (including provisions for arbitration) shall apply to the administration and enforcement of this Supplemental Agreement provided however that any controversy, claim, complaint, grievance or dispute arising out of or relating to the provisions of this Supplemental Agreement or the interpretation, breach, application or performance thereof, shall be referred by the UNION, the Trustees or the EMPLOYER for arbitration and determination to the Impartial Chairman provided for in the Collective Bargaining Agreement.
   (B) The Trustees, in their own names as Trustees, may institute or intervene in any proceedings at law, in equity, or in bankruptcy for the purpose of effectuating the collection of any sums due to them from the EMPLOYER under the provisions of Paragraph 2.
(C) The Trustees shall have the right to make such periodic audits of the EMPLOYER'S payroll records as they deem necessary. For purposes of this provision payroll records shall include but not be limited to employee time cards, individual employee earning records, Federal quarterly withholding and F.I.C.A. tax returns (Form 941), State unemployment tax returns and Employer cash disbursement records.
(D) In the, event of a dispute between the Trustees and the EMPLOYER, either party may submit same directly to the Impartial Chairman for determination.

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

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

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

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

11. Regardless of the dale on which the within Supplemental Agreement shall be executed, the within Supplemental Agreement shall be effective as of June 26, 1985 with the same force and effect as if it had been actually executed on that date. The within Supplemental Agreement shall in all things supersede the aforesaid prior Supplemental Agreement.

12. Neither the execution of this Agreement nor any provision herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or contributions provided for in the Supplemental Agreement dated June 19, 1952, or any collective bargaining agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.

13. In the event that the obligation of the EMPLOYERS to make EMPLOYER contributions shall terminate, or upon the liquidation of the Trust Estate, the Trustees shall continue to apply the Trust Estate to the purposes specified in Paragraph 2 hereof and none other, and upon the disbursement of the entire Trust Estate this Trust shall terminate.
14. For the purpose of calculating contributions, wages shall be defined as including vacation pay, overtime pay, holiday pay, sick leave pay, personal day pay, jury duty pay, bereavement pay, value of meals and lodgings where such are part of an
employee's wages commencing from the first day of employment, whether such employment be permanent, temporary, casual, part-time or extra, and banquet
waiters' and waitresses' tips.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

UNION FAMILY MEDICAL FUND
SCHEDULE D

SUPPLEMENTAL AGREEMENT dated the 26th day of June, 1985 between the HOTEL ASSOCIATION OF NEW YORK CITY, INC., hereinafter called the ASSOCIATION, and operators of hotels who are Active Members of the ASSOCIATION, and with respect to whom the UNION (as hereinafter designated) has been designated as sole collective bargaining agent for the employees in the hotels and, . concessionaires covered by this Agreement, and who shall become parties hereto by executing this. Agreement, or a duplicate thereof, each and every such signatory hotel and concessionaire being--., hereinafter referred to as the EMPLOYER, and the NEW YORK HOTEL AND MOTEL TRADES COUNCIL, AFL-CIO, hereinafter called the UNION, in its own behalf and in behalf of its several affiliates and their members, now employed or hereafter to be employed by the EMPLOYER. WHEREAS, the ASSOCIATION, the EMPLOYER and the UNION have simultaneously herewith executed a Collective Bargaining Agreement, and
WHEREAS, as part of the consideration for the execution of the Collective Bargaining Agreement the EMPLOYER agreed to contribute to a Fund to be used to provide medical care to employees and to the families of the employees, and
WHEREAS, the EMPLOYER, under previous collective bargaining agreements, made contributions to the said Fund, and
WHEREAS, the March 17, 1981 Collective Bargaining Agreement made between the parties is superseded by the Collective Bargaining Agreement executed simultaneously herewith and it is desired to continue the payments to the Fund to provide the benefits hereinafter set forth. NOW, THEREFORE, in consideration of the premises, the EMPLOYER and the UNION agree that the Collective Bargaining Agreement shall be supplemented by adding hereto the following provisions.

1.
(A) The term "employees of the EMPLOYER" as used in this Supplemental Agreement means all of the employees of the EMPLOYER who are covered by and are entitled to the benefits of the Collective Bargaining Agreement and employees of the New York Hotel Trades Council and Hotel Association of New York City Insurance Fund, New York Hotel '; ( Trades Council and Hotel Association of New York City, Inc. Pension ; Fund, Union Family Medical Fund of the Hotel Industry of New York City, New York Hotel and Motel Trades Council and Hotel Association of New York City, Inc. Dental Fund, New York Hotel and Motel Trades Council and Hotel Association Industry Training Fund, New York Hotel and Motel Trades Council, and contributing Local Unions affiliated with the New York Hotel and Motel Trades Council.
(B) The term "family" as used herein means an employee's spouse and children under the age of 19 years.

2. The EMPLOYER shall continue to pay to the Trustees of the Union Family Medical Fund of the Hotel Industry of New York City (hereinafter called the "Trustees') designated under an Agreement and Declaration of Trust dated as of July 10, 1957 as restated effective January 1, 1976 (a copy of which Restated Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provision of which Restated Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to two and seventy-five one-hundredths percent (2.75%) (or such percentage as may be agreed upon from time to time by the UNION and the ASSOCIATION) of the wages computed as heretofore payable to the employees of the Employer for the preceding pay period, to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of providing medical care to employees and their families.
3. If the Trustees shall complain that any EMPLOYER has not made full payment to the Trustees as set forth in paragraph No. 2 hereof, such complaint shall be filed with the

                              Continued