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 20% of the amount of the delinquency, attorneys fees and costs.
 

 4 . No employee and no member of any employee's family shall have the option to receive instead of the benefits any part of the contribution of the EMPLOYER. No employee and no member of an employee's family shall have the right to assign any 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 other wise.

   5. During the term of this Supplemental Agreement, the UNION obligates itself to enter into no contract or agreement where by 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
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 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 there of, shall be referred by the UNION, the Trustees of 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 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, 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-ASSOCIATlON hotel or concessionaire EMPLOYER, by an instrument in writing executed by the non-ASSOCIATION hotel or concessionaire EMPLOYER and the UNION.
   8. The primary purpose of the Supplemental Agreement and the Restated Agreement and Declaration of Trust being to provide e practical plan of medical care for employees end their families, 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 end Declaration of Trust as will assist in the functioning of the plan, for the benefit of the families of employees, regardless of form.
   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 Supplemental Agreement dated July 10, 1957 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.
   10. In no event will the EMPLOYER be entitled to the return of any part of any contribution hereafter made hereunder.
   11. 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.
   12. 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 at 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.
   13. Neither the execution of this agreement of 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 July .10, 1957, or any collective bargaining agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.
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.

FAMILY DENTAL FUND

SCHEDULE E

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 here in after 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 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 dental 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.
 (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 New York Hotel and Motel Trades Council and Hotel Association of New York City. Inc. Dental Fund (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of May 13, 1977 (a copy of which Agreement and Declaration of Trust has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Agreement and Declaration of Trust are herein specifically incorporated by reference, a sum of money equal to two percent (2%) (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 Agreement and Declaration of Trust, for the purpose of providing denial 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 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 and no member of an .employee's family shall have the option to receive instead of the benefits any part of the contribution of the EMPLOYER. No employee and no member of an employee's family shall have the right to assign any benefits to which he or she may be or become entitled under the 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 Agreement and Declaration of Trust the sums set forth in paragraph No. 2 hereof (as the same may from time to lime be modified according to the terms hereof), lo be applied under the Agreement and Declaration of Trust. This paragraph may be waived by an instrument in writing executed "by the Board of Directors the HOTEL - ASSOCIATION OF NEW YORK CITY, INC., and the UNION.
6.
  (A) This Supplemental Agreement and the Collective Bargaining Agreement and the 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 of 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 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, 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 this Supplemental Agreement by the Employer or due from the EMPLOYER under the provisions of the previous Collective Bargaining Agreement and in the hands of the Trustees as of the date of this Supplemental Agreement and in whatever form or investments such contribution shall be shall be deemed to be covered and controlled by. embraced in and applied under the
terms of the within Supplemental Agreement and the 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 contribution, in whatever form the same may be had been contributed by the EMPLOYER immediately after the execution o( the within Supplemental Agreement.
   9. The primary purpose of the Supplemental Agreement and the Agreement and Declaration
of Trust being to provide a practical plan of dental care for employees and their families, it is understood that the form of the plan, and of this Supplemental Agreement and of the Agreement and Declaration of Trust, shall not give rise lo a literal or formal
interpretation or construction; such interpretation or construction shall be placed on this Supplemental Agreement and the Agreement and Declaration of Trust as will assist in the functioning of the plan, for the benefit of the families 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.
   11. 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.
   12. 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.
   13. Neither the execution of this agreement or 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 previous Collective Bargaining Agreement, and not yet paid to the Trustees under the terms of said Supplemental Agreement.
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.

TRAINING AND SCHOLARSHIP FUND
SCHEDULE F

SUPPLEMENTAL AGREEMENT dated the 26lh day of June. 1985, between the HOTEL 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 end 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 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 agrees to contribute fixed sums of money to a Fund to be used to provide
(i) training of employees for promotion and advancement and (ii) educational scholarships and
tuition aid to dependents of employees covered by the Collective Bargaining Agreement employed by
the EMPLOYER, 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 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 are entitled to the benefits of the Collective Bargaining Agreement.

  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,.1969 as amended on January 1,1976 and amended and restated effective July 29, 1987 (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 are herein specifically incorporated by reference, one dollar and fifty cents ($1.50) per month for each employee on the EMPLOYER'S payroll on the 15th day of each month (or such sums as may be agreed upon from time to time by the UNION and the ASSOCIATION) to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust, for the purpose of establishing a program to train employees for promotion and advancement and effective August 27, 1986, one dollar ($1.00) per month for each employee on the EMPLOYER'S payroll on the 15th day of each month (or such sums as may be agreed upon from time to time by the UNION and the ASSOCIATION) to be administered and expended by the Trustees pursuant to the provisions of the Restated Agreement and Declaration of Trust and to provide educational scholarships and tuition aid to dependents of the EMPLOYER'S 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 H said delinquent contributions are paid prior lo 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 benefits any part of the contribution of the EMPLOYER. No employee shall have the right to assign the benefits or any other benefits to which he or she may be become entitled under the Restated Agreement and Declaration of Trust or to receive a cash contribution 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 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 (or 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.l.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. 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 job training and scholarship 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.
  

 8.The provisions of this Supplemental Agreement shall remain in full force end effect for the full term of the Collective Bargaining Agreement, but shall terminate and come to an end with the Collective Bargaining Agreement, or prior thereof 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.
  

 9. All contributions made prior to the date of this Supplemental Agreement by the EMPLOYER, or due
from the EMPLOYER, 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 dale of this Supplemental Agreement, already applied to 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 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 practical plan for establishing a program to train employees for promotion and advancement and to provide educational scholarships and tuition aid to dependents of the EMPLOYER'S employees, is understood that the form o( 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 the 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 or under prior 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 actually executed on that date.
  

 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 collective bargaining agreements.

IN WITNESS WHEREOF, the parties hereof have caused this Supplemental Agreement to be executed by their duly authorized representatives upon the day and year first above written.

PREPAID LEGAL FUND

SCHEDULE G

SUPPLEMENTAL AGREEMENT dated the 26th day of June, 1985 between the HOTEL 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 agrees to contribute fixed sums of money to a Fund to be used to make
available certain legal services to employees covered by the Collective Bargaining Agreement
employed by the EMPLOYER, and to dependents of covered employees,
   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 are entitled to the
benefits of the Collective Bargaining Agreement.
  2. The EMPLOYER shall pay to the Trustees (hereinafter called the "Trustees") designated under an Agreement and Declaration of Trust dated as of November 1, 1987 (a copy of which Agreement and Declaration of Trust, has been exhibited to the EMPLOYER and approved by the EMPLOYER), the terms and provisions of which Agreement Bid Declaration of Trust are herein specifically incorporated by reference, effective November 1, 1987 the EMPLOYER shall contribute two cents (.02c) per hour for full-time employees and a pro-rata amount for part-time employees and, effective November 1, 1988 a total of five cents (.05c) per hour for full-time employees and a pro-rata amount for part-time employees on a maximum of thirty live (35) or
forty (40) hours per week for non-lip and lip employees, respectively (or such sums
as may be agreed upon from time to time by the UNION and the ASSOCIATION) to be administered and expended by the Trustees pursuant to the provisions of the Agreement and Declaration of Trust, for the purpose of making available certain legal services to
employees and dependents of the EMPLOYER'S 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 H 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 o! 20% of the amount of the delinquency, attorneys fees and costs.
  4. No employee shall have the option to receive instead of the benefits any part of the contribution of the EMPLOYER. No employee shall have the right to assign the benefits or any other benefits to which he or she may be or become entitled under the Agreement and Declaration of Trust or to receive a cash contribution 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 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 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 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 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 Impartial Chairman for determination.

   7. (A) 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 administrated system of prepaid legal 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.
   (B) Contributions to the Fund shall continue only so long as the Fund retains
its lax exempt status.
  8. The provisions of the Supplemental Agreement shall remain in full force and effect for
the full term of the Collective Bargaining Agreement, 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 and the UNION.
  9. All contributions made prior to the date of this Supplemental Agreement by the EMPL0YER. or due from the EMPLOYER under subsequent collective bargaining agreement and in the hands of the Trustees as of the dale 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 an applied under, the terms of
the Supplemental Agreement and the 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 Agreement and Declaration
of Trust being to make available certain legal services to the employees of the EMPLOYER and the employee's dependents, it is understood that the form of the plan,
and of this Supplemental Agreement and of the 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 Agreement of 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 prior 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 November 1, 1987 with the same force
and effect as if it had been actually executed on that date.
  13. Neither the execution of this Agreement nor any provisions herein contained or contained in any other agreement affecting the same, shall be deemed to release the EMPLOYER from any contribution or contributions provided (or in the collective bargaining agreements, and not yet paid to the Trustees under the terms of said collective bargaining agreements.
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.

                           ADDENDUM I

To: Hotel Association of New York City, Inc.:
In connection with the Agreement which we have this day executed, we submit that it is intended that Section 38 of the Agreement covers all of the points set forth in the following paragraphs:

  "The UNION and the employees agree that they will not, at any time, either directly or indirectly, interfere with or prevent the EMPLOYER from purchasing merchandise or any service requirements which it may desire from any source whatsoever because of the employment by the said source of non-members of a union or non-union workers, and the UNION and the employees further agree that they will not refuse to handle, sell, deliver or work on any such merchandise which may be so purchased.
  "The UNION and the employees further agree that they will not call, participate in or sanction any sympathy strike of the employees because the EMPLOYERS purchase any merchandise manufactured by or any service requirements supplied by non-
members of a union or by employers of non-union workers or because it has such merchandise manufactured for it by non-members of a union or employers of non-union workers. Such a strike shall be in violation of this Agreement.
  "The UNION and the employees further agree that they will not call upon the EMPLOYER to participate or assist in the enforcement of any public or silent boycott against any product sold or offered for sale, or used by the EMPLOYER.
 "In the event any dispute shall arise with respect to any of the foregoing provisions, the same shall be submitted to the Impartial Chairman as any other dispute in this Agreement."

   We further wish to submit that it is intended that employees to be classified as in the "Maintenance Department" shall include those engaged in doing plastering, mason work, tile setting, lathing and cement work; carpentry; plumbing and steamfitting, upholstering and mattress making: painting, furniture varnishing and paperhanging; operating and maintaining house radio systems; mechanical work on elevators; machine work, locksmithing, and key work; silversmithing, coppersmithing and tinsmithing, boiler repair work.
The painting, decorating and paperhanging includes the service of painting, decorating, woodfinishing, paperhanging, and preparatory work incidental to each of the aforementioned as follows:

(a) The service of painting and decorating means the application of all paint and painting material of every description in and on all parts of the hotel.
(b) The service of paperhanging includes the application and/or installation of wallpaper, hangings and decorating materials of every kind or description applied directly to any surface in the hotel.
(c) Woodfinishing and polishing. The removal of all wood surfaces, cleaning, refinishing, varnishing and polishing of furniture and wood fixtures in the hotel.

An Electrician is one who installs, adds to, repairs or maintains any electric conduits, equipment, machines, fixtures or electrical devices, that carry conductors that will- or do carry an electric current

NEW YORK HOTEL AND MOTEL TRADES COUNCIL
Faithfully Yours.
By Vito J. Pitta, Present
Dated. June 26, 1985

ADDENDUM II

To Hotel Association of New York City Inc.:
In consideration of your execution of the agreement (hereinafter referred to as the Hotel Association contract) between Hotel Association of New York City. Inc., New York Hotel and Motel Trades Council and various members of the Hotel Association, It is understood end agreed that If
New York Hotel and Motel Trades Council and/or any of its affiliates shall make an agreement or other arrangement with another hotel association and/or with an individual hotel owner in the City of New York which does not include the union shop and/or check-off or which contains provisions in lieu thereof or contains other provisions and terms which you may consider more favorable than
the terms of the Hotel Association contract, whether or not such terms and provisions would be construed by the Impartial Chairman as benefits or aids within the meaning of Section 39 of said contract, then, in such event, you shall have the right to be released from the Hotel Association
contract upon signing such other agreement; or if all EMPLOYERS who shall have signed the Hotel Association contract accept the provisions of such other agreement, then the Hotel Association contract shall be deemed amended so as to conform thereto without further action, and any
provisions of the Hotel Association contract inconsistent therewith shall be of no further force, and
effect.

NEW YORK HOTEL AND MOTEL TRADES COUNCIL
Faithfully Yours,
By Vito J. Pitta. President
Dated: June 26, 1985

ADDENDUM III

The parties recognize that heretofore the Union had insisted, and the Association and the hotel employers signatory to this Agreement had refused, to equalize the wages of room attendants and housekeeping attendants. At the direction of the Association and the Union a joint study committee was convened to study and resolve the parties' differences with regard to this issue. Failing to resolve their differences, the parties in 1984 referred the wage equalization issue to the Impartial Chairman of the Hotel Industry of New York for final determination.
On January 14, 1985 and thereafter, the Impartial Chairman rendered a series of decisions and awards finding and directing inter alia that: a) the disparity in the wage rates of room attendants and housekeeping attendants did not violate the terms of the Industry Wide Agreement or the pertinent provisions of Title VII of the Civil Rights Act of 1964 or the Equal Pay Act; b) the wage rates of room attendants and housekeeping attendants be equalized; and c) that hotel employers be granted the right to assign up to three (3) additional rooms per week to each room attendant on the same basis as extra rooms had been theretofore assigned but without the payment of additional compensation to the room attendants for said extra rooms.
The Association acknowledges that the Union has disputed, and is presently prosecuting a lawsuit in the United States District Court for the Southern District Court of New York against the Association and eleven Association member hotels contesting the appropriateness of said Impartial Chairman's decisions and seeking as remedies the nullification of the Impartial Chairman's decision as they relate to the employer's right to assign extra rooms without additional compensation; retroactive pay and appropriate other measures o relief.
Notwithstanding the aforesaid, the parties recognize the continuing right of hotel employers to assign extra rooms without additional compensation in accordance with the decisions of the Impartial Chairman.

NEW YORK HOTEL AND MOTEL TRADES COUNCIL. AFL-CIO
By----------------------------------

 Vito J. Pitta. President

HOTEL ASSOCIATION OF NEW YORK CITY. INC.
By--------------------------------

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

ADDENDUM IV

  If the United States Congress promulgates legislation, or the Internal Revenue Service issues a ruling, which, for federal income tax purposes, provides that any portion of Employer paid benefits, be included in the gross income of the Employer's employees, and/or if the United States Congress or the Internal Revenue Service, disallows, for federal income tax purposes, the deducibility of Employer paid wages and fringe benefits provided by this Agreement, the Union and the Association agree that they shall expeditiously convene a study committee to discuss and study the impact of such tax law changes and to propose measures lo be implemented by the parties so that no Employer or employee incurs an increased income tax liability solely as a result of the tax law changes.

  It is the parties intention that the foregoing matters be studied, reviewed, discussed and resolved within 90 days after the passage of such legislation. In the event the parties fail to agree within the aforesaid time period, the parties shall, by mutual agreement, 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 45 days after submission of this matter.
 

In the event that either party fails to agree to submit this matter to the Impartial Chairman, such party may submit the matter to the United Slates District Court for the Southern District of New York for resolution by the Court.

ADDENDUM V

Vito J. Pitta, President
New York Hotel and Motel Trades Council
709 Eighth Avenue
New York, New York 10036
Dear Mr. Pitta:

This letter shall serve to confirm our understanding, with regard to the provisions of the Industry-Wide Agreement dealing with the discharge or discipline of Hotel Trades Council delegates and assistant delegates.
As agreed, in all cases except theft, physical fighting or on the job drug/alcohol abuse, or such related charges, the provision of the collective bargaining agreement with regard to the discharge or discipline of said delegates shall be construed to require that said employees remain on the job until a hearing is held at the Office of the Impartial Chairman. The parties agree to request that said hearing be held within 48 hours of the hearing at the Hotel Association.

Kindly signify your agreement with the foregoing by executing and dating with within copy of this letter.

Sincerely,
Albert A. Formicola. Jeffrey Flowers
President Chairman of the Board
Hotel Association of Hotel Association of
New York City, Inc. New York City, Inc

ADDENDUM VI

Notice to all Contributing Employers of the New York Hotel Trades Council and Hotel Association of New York City, Inc. Pension Fund:
The Multi-employer Pension Plan Amendments Act of 1980 ('the Act") imposes a potential liability upon an employer who "withdraws" as a contributing employer from a pension fund. "Withdrawals" and the acts/conditions/circumstances occasioning same are defined in the Act. In general, a contributing employer "withdraws" when it ceases. to be obligated to make periodic contributions to a pension fund due to a cessation or, in some cases, a diminution of operations or after a sale, transfer of its business, or after a union is decertified as bargaining agent. All contributing employers are urged to obtain legal advice as to the foregoing withdrawal liability.