Old By-laws

Quote

If hard work were such a wonderful thing, surely the rich would have kept it all to themselves. Lane Kirkland

INTRODUCTION

Local 6 today stands as a model to countless unions around the country as it has for many years and enjoys the respect and confidence of its International Union, Hotel Employees and Restaurant Employees, AFL CIO, as well.

Our local is not only the backbone of the hotel industry in New York City; it is the mainstay of thousands of club workers as well. It is living proof of the ability of workers, men and women of diverse backgrounds, to work together to promote their common interest.

Local 6 grew out of the struggles of hotel and restaurant workers that were punctuated by strikes in 1912, 1929 and 1934none of which were really successful, but all of which convinced the workers that only a strong union could protect them against conditions of virtual slavery imposed upon them by unscrupulous employers.

Local 6 is the union that came forth to answer that urgent need.

The democratic control of our union by its members since its founding has been one of its distinguishing marks. Officers and members alike are proud of that tradition and work together to maintain it. Our democracy and strength have held the key to steady economic progress and we can say with accuracy and pride that the wages and working conditions Of members of Local 6, in every job classification, and as goals yet to be attained by their fellow-workers elsewhere.

We all take pride in the traditions and achievements of Local 6!

VITO J. PITTA
Business Manager
and Chief Executive Officer

ARTICLE I
NAME AND OBJECT

Section 1. This organization shall be known as Hotel, Restaurant & Club Employees and Bartenders Union, Local 6, New York, New York, and vicinity, affiliated with Hotel Employees and Restaurant Employees International Union, AFL-CIO.

Section 2. The purpose of this organization shall be to organize all persons working under its jurisdiction; to establish and maintain equitable wage scales and working conditions; to elevate the moral, social and intellectual standing of its members; to guard their financial interest; to promote their general welfare and the Local's cardinal principles, truth, justice and morality; to secure employment for its members and to uphold the dignity of labor; and to assist employers in the hotel, restaurant, club and allied industries in all legitimate ways.

Section 3. Wherever a masculine pronoun occurs in these bylaws, it shall be deemed to include the feminine pronoun.

ARTICLE II
MEMBERSHIP

Section 1.  Membership of this organization shall consist of an unlimited number of workers in the hotel, restaurant, club and allied industries, who agree to abide by the bylaws of this Local, the Ritual and the Constitution of the Hotel Employees and Restaurant Employees International Union, as now in effect, or as they may hereafter be amended.

Section 2.  Acquiring Membership. A person eligible for membership and working within the jurisdiction of this Local Union, making application for membership, shall become a member of this Local and the International Union upon receipt of the membership application and the dues and fees which may be required. Any member who desires to protest the membership of such person must do so within thirty (30) days of receipt of the application for membership by filing a protest with the Secretary-Treasurer of this Local Union. In the event of such protest, the Executive Board of this Union shall review the qualifications of such person and shall determine if the membership is to be revoked. The member shall be given notice that a protest of his membership has been filed and given an opportunity to appear before the Executive Board. The decision of the Executive Board shall be considered the decision of this Local Union and shall be appealable in accordance with Section 11 of Article XXII of the International Constitution, provided further, however, that the decision of the General President shall not be further appealable.

Section 3.  Any person who is a manager, owner or proprietor or any person who is employed outside the jurisdiction of this International Union and not employed in the jurisdiction of this International Union may be accepted for or hold membership in this Local Union only as a passive member, provided such person maintains no affiliation with a proprietors' organization hostile to this Union.
(a) Passive members shall not be entitled to voice or vote or to attend meetings of this Local Union. They shall be ineligible for election to any office in this Union or any position as a delegate representing this Union.
(b) Passive membership is hereby declared a privilege, revocable at will by the Local Union Executive Board.
(c) Any member desiring to change his membership status from passive to active or active to passive must appear before the Executive Board, and such change or status can only be granted upon the approval of the Executive Board.

ARTICLE III
MEETINGS

Section 1. Meetings of the General Officers, Administrative Board and Executive Board. The General Officers, Administrative Board and the Executive Board shall meet regularly at least once a month. Special meetings of the General Officers, Administrative Board or the Executive Board may be called at the direction of the Business Manager.

Section 2. Meetings of the Assembly. The regular meetings of the Assembly shall be held in March, June, September and December. Dates for such meeting shall be set by the Executive Board. Special meetings of the Assembly may be held at the direction of the Executive Board on not less than five days' written notice, mailed to each member of the Assembly at his last known address.

Section 3. Quorums. A majority of the General Officers shall constitute a quorum for that body. A majority of the Administrative Board shall constitute a quorum for that body. A majority of the Executive Board shall constitute a quorum for that body. A majority of the Delegate Assembly shall constitute a quorum for that body.

Section 4. Non-attendance at Meetings. Any General Officer, member of the Executive Board or the Delegate Assembly, who fails to attend three (3) successive meetings of any said respective bodies for which he may be a member, without a reasonable excuse for such non-attendance, may be removed from office and the resulting vacancy shall be filled in the manner prescribed in these bylaws.

Section 5. All meetings shall be conducted in accordance with Robert's Rules of Order.

Section 6. Committees. The Union shall have a Grievance Board which shall be selected by the Executive Board, subject to approval at a Delegate Assembly meeting. The Union shall have such other committees as the Executive Board may from time to time establish.

Section 7. Shop Stewards. Shop stewards shall be designated by the Union in appropriate shops or departments.

ARTICLE IV
STRUCTURE/OFFICERS

Section 1. (a) The Union shall have the following General Officers: Business Manager; President; Secretary-Treasurer; Recording Secretary; and Executive Vice President. The General Officers shall be elected by the membership for a term of three years and shall serve until 30 days after the election of General Officers at the Union's next general election. The terms of all General Officers elected by the membership shall begin 30 days after their election.
(b) The above-named officers shall constitute the original policy making body of the Union whose recommendations shall be processed in accordance with these bylaws. The General Officers shall be members of the Executive Board.
(c) In addition to the General Officers named above, the Union shall elect a representative Executive Board consisting of one Executive Board member for each one thousand (1000) members of the Local Union or major fraction thereof, plus three (3) Trustees who shall not be members of the Executive Board.
(d) The Union shall have an Assembly which shall consist of delegates elected in the manner hereinafter prescribed: The members of the Union shall be entitled to elect one Assembly delegate for each 200 members in good standing or major fraction thereof. The Assembly shall, at the meeting of the Assembly held prior to nominations, establish the minimum number of Assembly members to be elected. The General Officers and members of the Executive Board shall be ex officio members of the Delegate Assembly and shall have voice and vote therein. The Delegate Assembly shall be the representative body of the membership of the Local Union.
(e) The Union shall have four Vice Presidents, to be elected by the membership for a term of three years in accordance with these bylaws, who shall serve until 30 days after the election of Vice Presidents at the Union's next general election. The terms of the Vice Presidents elected by the membership shall begin 30 days after their election.
(f) In addition to the elected Vice Presidents provided for above, for the purposes of the proper functioning of the Union, the Business Manager may, from time to time, appoint a number of Vice Presidents-at-Large, whose term of appointment and remuneration shall be subject to the approval of the Executive Board and the Delegate Assembly.
(g) The Union shall have a number of Business Agents. The Business Agents shall be appointed by the Business Manager with their term of appointment and remuneration subject to the approval of the Executive Board and Delegate Assembly.
(h) The General Officers and the Vice Presidents shall constitute the Administrative Board of the Union.
(i) It is the express intent of the bylaws that the term of appointment of any Vice President-at-Large or Business Agent not exceed the duration of the term of office of the Union's General Officers elected pursuant to these bylaws. It is also the express intent of these bylaws that, upon the expiration of the term of appointment of any Vice President-at-Large and/or Business Agent, said office(s) shall be deemed to be vacant unless and until such office(s) may be filled by appointment of the Business Manager pursuant to these bylaws.

Section 2. All officers, business agents, shop stewards, other representatives or employees of this Local Union or of any trust in which this Local Union is interested, who handle funds or other property, shall be bonded for the faithful discharge of their duties in accordance with the requirements of applicable Federal and State Law and Article XIV, Section 9 of the International Constitution. The premiums on said bonds shall be paid by this Local Union.

ARTICLE V
NOMINATION AND ELECTION

Section 1. (a) An election of officers shall be held every three (3) years. To be eligible to be nominated for any office or as a delegate, a member must have been an active member in continuous good standing with this Local Union for a period of twenty-four (24) calendar months immediately preceding nominations and must be employed or available for employment in the jurisdiction of this Local Union.

(b) In order for any member to be eligible to be nominated for any office in this Local, he must be present at the nominating meeting or must have submitted, in writing by certified mail, a statement to the Secretary-Treasurer prior to the opening of nominations, his willingness to accept the nomination if his name is proposed. A nominee can only be nominated for one office. Each nomination, in order to be valid, must be seconded by at least twenty-five (25) a member in good standing present at the nominations meeting. (This assumed revised by Labor board ruling.)

Section 2. A reasonable opportunity shall be given to members to nominate candidates for office. The nominations of officers shall be received at the regular Delegate Assembly meeting in August 1982, and every three (3) years thereafter. All members of the Union, whether or not they are elected delegates, shall be entitled to attend the nominations meeting and submit nominees of their choice.

Section 3. The election shall be held by secret ballot in the month of September 1982, and every three (3) years thereafter among the members in good standing of this Local Union. No write-in votes shall be permitted.

Section 4. The Secretary-Treasurer, not less than fifteen (15) days prior to the date of nominations, shall mail to each member in good standing at his last known home address a notice of the offices to be filled and the time, date, place and manner of submitting nominations, as well as the time, date and place of the election. The notice shall bear the signatures of both the Business Manager and the Secretary-Treasurer.

Section 5. An Election Committee of five (5), the majority appointed by the Business Manager and the minority by the President, shall take charge of the election and provide safeguards to insure a fair election. No candidate for office or any officer serving out his term of office shall be eligible to serve on the Election Committee. The Election Committee shall pass on the eligibility of all candidates, and their decision shall be subject to appeal to the General President. The Election Committee shall determine the method of election and shall establish all rules and regulations for the conduct of the election.

Section 6. Any candidate shall have the right to have an observer at the polls and at the counting of the ballots. The observer must be a member in good standing of the Local Union.

Section 7. The votes cast by members of this Local shall be counted, and the results for each office shall be announced and published separately. The Secretary-Treasurer shall preserve for one year the ballots and all other records pertaining to the election. Section 8. The installation of all officers shall take place at the next regular or special meeting following the election. If any officer-elect shall fail to make an appearance at the installation meeting, he shall forfeit the office to which he was elected, unless he has been excused by the Executive Board because of illness or other justifiable reason.

ARTICLE VI
VACANCIES

Section 1. Vacancies in any office shall be filled for the unexpired term by appointment of the Business Manager, subject to the approval of the General Officers, the Executive Board and the Delegate Assembly.

Section 2. In the event of a vacancy in the office of the Business Manager, such vacancy shall be filled for the unexpired term by appointment of the General Officers, subject to approval of the Executive Board and the Delegate Assembly.

ARTICLE VII
RESIGNATIONS

Section 1. Officers, with the exception of bonded officers, shall have the privilege of resigning at any regular meeting, provided no charges are pending against them, and their resignations are submitted in writing. Section 2. Resignations of bonded officers shall be presented, in writing, at least one meeting before they are acted upon; and if the Board of Trustees reports the financial accounts of this Local are in proper order, and there are no charges pending, the resignations may be accepted.

ARTICLE VIII
DELEGATES

Section 1. Where permitted, and unless otherwise provided by these bylaws, delegates to all bodies with which the Local votes to affiliate shall be appointed by the Business Manager, subject to approval of the General Officers, the Executive Board and the Delegate Assembly.

Section 2. Delegates to the International Convention and any other body requiring a secret ballot election, may be nominated and elected at the same time as the regular nominations and election of officers is held, if there is an International Convention or other affiliate requirement scheduled during that tenure of office. In any event, delegates to the International Convention shall be elected not less than forty-five (45) days prior to the date of the Convention.

Section 3. The procedures and requirements, including the notice pertaining to the nomination and election of officers as set forth in these bylaws, shall, where necessary, apply equally to the nomination and election of delegates to the International Convention and all other bodies.

Section 4. All other references to delegates in these bylaws notwithstanding, in order to be eligible to be a candidate as a delegate to the New York Hotel and Motel Trades Council, AFL-CIO, a member must have been a dues paying member in continuous good standing of Local 6 and a dues paying member in continuous good standing of the Hotel and Motel Trades Council, AFL-CIO for a period of twenty-four (24) calendar months immediately preceding nominations.

ARTICLE IX
DUTIES OF OFFICERS

Section 1. Business Manager. The Business Manager shall be the chief executive officer of the Union.
(a) He shall have the power to employ or retain all vice President-at-Large, Business Agents, labor chiefs, administrative, clerical, technical and professional assistants and/or assistance for any department within the Local Union as he may from time to time determine. The remuneration of said employees shall be subject to approval by the General Officers, the Executive Board and the Delegate Assembly. He shall have the power to discharge any Vice Presidents-at-Large, Business Agent, labor chief or any of the other hereinabove mentioned employees of the Union, subject to the approval of the General Officers. He shall have the general supervision over all officers and employees of the Union and shall direct, assign or coordinate the activities of said officers and employees.
(b) He shall direct or cause to be directed the negotiations of all collective bargaining agreements which may be subset to his final approval prior to their execution. All collective bargaining agreements, in order to be valid, must be executed either by two General Officers or two elected Vice Presidents.
c) Any duty or authority contained within these bylaws may be delegated by the Business Manager to a representative whose actions shall have the same validity as the personal actions of the Business Manager.
d) He shall, by virtue of his office, be a delegate to the International Convention and to all other bodies with which the Local Union votes to affiliate.
e) He shall be a co-signer of all checks for disbursements of Union funds.
f) He shall appoint the majority of all committees and shall be a member ex-officio of all committees except trial and election committees.
g) He shall preside at all regular and special meetings of the General Officers and the Administrative Board. in the absence of the President he shall preside at all regular or special meetings of the Executive Board and the Delegate Assembly.
h) He shall have the right to authorize payment of all normal, ordinary and necessary, routine or recurring expenses incurred in the operation of the Union, including but not limited to, general office expenses; administrative and clerical salaries; salaries or compensation of other employees of the Union, professional, consulting or technical expenses; real and personal property taxes and other types of taxes; interest payments, and all other similar expenses of the Union.
He shall have the right to authorize payment of all other expenditures except that all such other expenditures in excess of two thousand ($2,000) dollars shall be approved by the General Officers in accordance with Article IX Section 9 of those bylaws. Effective as of the election of officers to be held in September 1997 or sooner if so approved by the Executive Board and the Delegate Assembly, the office and duties of the Recording Secretary of this Union will be merged into the office of Secretary-Treasurer. The new duties of the Secretary-Treasurer will be as follows:

Section 2. President. The President shall perform the following duties:
(a) The President shall preside at all regular and special meetings of the Executive Board and Delegate Assembly. In the absence of the Business Manager, the President shall preside at all regular and special meetings of the General Officers and the Administrative Board. He shall take such action as he deems necessary to preserve order and decorum.
(b) He shall appoint the minority of all committees. He shall be a member ex-officio of all committees, except trial and election committees.
(c) In the absence of the Business Manager, he shall be a co-signatory of all checks for disbursement of Union funds.
(d) He shall, by virtue of his office, be a delegate to the International Convention and to all other bodies with which the Local Union votes to affiliate.
(e) He shall aid and assist the Business Manager whenever called upon to do so.

Section 3. Secretary- Treasurer. The Secretary-Treasurer shall perform the following duties:
a) He shall keep, or cause to be kept, a complete and accurate set of books in such a manner that they will show all of the business transactions of this Union; its income and expenditures, liabilities and assets.
b) He shall report to the General Officers and the Executive Board as to the Financial affairs of the Union and shall make quarterly financial statements to be submitted to the union newspaper or at the Delegate Assembly meeting. He shall countersign all working, traveling and withdrawal cards. He shall attend to all clerical work at the office, unless otherwise provided for, and inform the Sick Committee of the names and addresses of sick members.
c) He shall collect, or cause to be collected, all fines dues and assessments; also, any other fees due this Union and give official receipt for all monies collected. He shall pay the routine operating expenses of this Local by check. All checks must be signed by the Secretary-Treasurer and countersigned by the President and Business Manager of this Union .
d) He shall arrange daily deposits, in a bank designated by the Executive Board, of all funds of this Local Union, except an amount of petty cash to be determined by the Board.
e) He shall have charge of and attend to all official correspondence of this Union, impress the seal thereon and keep on file a copy of all such correspondence.
f) He shall keep, or cause to be kept under his direction and supervision, a list of names of all sick members and all members whose dues this Local remits and on the first day of each month, draw a check for same, writing a receipt and posting to each member's account.
g) He shall compile, or cause to be compiled under his direction and supervision, the roster of this Local Union as required by Article XI, Section 13 of the International Constitution.
h) He shall compile, or cause to be compiled under his direction and supervision, monthly reports to the International Union, as required by Article XI, Section 14 of the International Constitution.
i) He shall be charged with the responsibility for a program of visitation of sick members. He shall notify all committee members of their appointment.
j) He shall keep a complete record of all committees and officers of this Local Union. He shall call the roll of all officers present at all meetings and direct that a record of the attendance be kept in the minute book.
k) By virtue of his office he shall be a delegate to the International conventions and to all other bodies with which the Local Union votes to affiliate.
l) He shall keep correct minutes of the business transacted at all meetings of the Administrative Board, the Executive Board, Delegate Assembly and of the general membership of the Union and shall transcribe them in the minute book provided for that purpose by this Union.
m) He shall aid and assist the Business Manager and President whenever called upon to do so.

Section 4. Executive Vice President. The Executive Vice President shall assist the Business Manager, the President and the Secretary-Treasurer in the performance of their duties and shall perform such other duties and functions as may be assigned by the Business Manager, President, Secretary-Treasurer or the Executive Board.

Section 5. Deleted in its entirety.

Section 6. Vice Presidents and Vice Presidents-at-Large. The elected Vice Presidents and appointed Vice Presidents-at-Large shall represent the entire membership of the Union and shall assist the Business Manager, President and Secretary-Treasurer in the performance of their duties and shall perform any other duties and functions as may be assigned to them by the Business Manager, President, Secretary-Treasurer or Executive Board.

Section 7. Business Agents. The Business Agents shall administer the collective bargaining agreements of the Union. They shall process grievances that arise from the application of the collective bargaining agreements. They shall engage in organizing unorganized establishments whenever they are assigned such duties. They shall perform any other duties and functions as may be assigned to them by the Business Manager, President, Secretary-Treasurer or Executive Board.

Section 8. Trustees. The Trustees shall supervise the property of this Local and shall submit an itemized inventory thereof on the first day of each year. They shall audit the books of the Secretary-Treasurer each quarter and verify the quarterly financial reports and annual audits required by Article XIV, Section 11 of the International Constitution. They shall certify that the books of all officers desiring to resign are properly balanced and audited and that any of this Local's business, which might have been entrusted to them, has been properly completed and accepted by this Local before the resignation can be accepted. All books, papers, documents, and money, which officers or members of this Local might have in their possession, shall be made available to the Trustees for inspection at designated times.

Section 9. General Officers. The General Officers shall act as the general governing body of the Union between meetings of the Executive Board. The General Officers shall constitute the original policy making body of the Union. Between meetings of the Executive Board, the recommendations of the General Officers shall be processed in accordance with these bylaws. The General Officers shall have the right to authorize appropriations or expenditures in amounts in excess of two thousand ($2,000) dollars but less than five thousand ($5,000.00) dollars at any one time for other than normal, ordinary and necessary, routine or recurring expenses incurred in connection with the operations and activities of the Union. A report of such appropriation or expenditures shall be submitted to the next meeting of the Executive Board for its approval. .Appropriations and expenditures authorized by the General Officers for other than normal, ordinary and necessary, routine or recurring expenses incurred in the operation of the Union in excess of five thousand ($5,000,000) dollars shall be submitted to the Executive Board for its approval in advance of the expenditure.

Section 10. Administrative Board. The Administrative Board shall consist of the General Officers and elected Vice Presidents. The Administrative Board shall assist the General Officers in administering the policy of the Union.

Section 11. Executive Board. The Executive Board shall consist of the Business Manager, President, Secretary-Treasurer, Recording Secretary, Executive Vice President, four elected Vice Presidents and a number of elected Executive Board members as provided for in Article IV, Section 1(c) of these bylaws. The Executive Board shall meet monthly and shall perform the following duties:
(a) The Executive Board shall be the governing body of this Union between meetings of the assembly. It shall have complete authority between meetings of the Assembly as may be exercised under the International Constitution and these bylaws. The Executive Board shall meet monthly.
(b) The action of the General Officers in establishing remunerations for employees of the Union shall be presented to the Executive Board whose recommendations shall require approval or ratification of the Delegate Assembly at a regular or special meeting.
(c) Where practical, all applications for donations, and all other expenditures in excess of five thousand ($5,000.00) dollars, other than routine operating expenses, shall first be recommended by the General Officers to the Executive Board for recommendation to the Delegate Assembly whose recommendation shall be subject to Delegate Assembly approval by a majority of delegates present at a regular or special meeting. All salaries, wages, compensation or expenses allowances for officers, employees and delegates of this Union shall, where practical, be recommended by the Business Manager and the General Officers to the Executive Board and shall be subject to approval or ratification by a majority vote of the delegates present at a regular or special Delegate Assembly meeting.
(d) All plans for the ownership or long term lease of real estate or the use of any of the funds of this Local or its members for such purposes, shall be first recommended by the Executive Board and submitted to the Delegate Assembly for final approval by a two-thirds majority vote of those members present. Any such plan, including any trust agreements, articles of incorporation, corporate bylaws and contracts, shall be subject to the approval of the General President before it is executed. This Local may not establish a plan for holding real estate which does not permit the International Union to fully audit the building funds in the same manner as this Local's assets are audited.
(e) Any officer or employee of this Local, entitled to a vacation, shall be required to take such vacation within one (1) year after becoming entitled to same, unless otherwise approved by the Executive Board upon the recommendation of the General Officers.

Section 12. Delegate Assembly. The Delegate Assembly shall be elected by the membership of the Local Union and shall be the highest body of the Union.

ARTICLE X
DUTIES OF MEMBERS

Section 1. Members shall observe secrecy in regard to the business transacted by this Local and shall not discuss the affairs of this Local with non-members.

Section 2. Members shall obey all lawful orders of the officers of both this Union and of the International Union or its representatives.

Section 3. Members shall report vacancies in jobs to the Secretary-Treasurer and use their influence to have a good standing member of this Local fill the job. Section 4. Members should report to this Local Union's Headquarters for employment.

Section 5. Members shall not work for wages less than the scale adopted by this Union and abide by all the working conditions contained in the working agreement adopted by this Union. Members must ascertain the wages and conditions to be received and shall immediately report all violations of the contract to this Union's office.

Section 6. Members compelled to terminate their employment for any reason, shall notify this Local Union.

Section 7. Each member of the Local Union shall be obligated to picket when called upon.

ARTICLE XI
TRIALS AND APPEALS

Section 1. No member of this Local may be fined, suspended, expelled or otherwise disciplined, except for non-payment of dues, by this Local or any of its officers, unless such member has been (a) served with written specific charges, (b) given a reasonable time to prepare his defense, (c) afforded a full and fair hearing as set forth in this Article.

Section 2. A member or officer of this Local shall be subject to charges and to stand trial when charged with violating these bylaws or the International Constitution. The procedures and requirements of said charges, trials and appeals shall be as set forth in Article XII of the International Constitution.

Section 3. The Business Manager and President shall appoint a Trail board of nine (9) from the membership. The Business Manager will appoint five (5) members and the President will appoint four (4) members. A quorum of five (5) Trial Board -members is required to hear the charges and render a decision.

Section 4. The Secretary-Treasurer shall notify the accused of the charges, by sending him a copy thereof by registered mail, or by delivering a copy of the charges to the accused personally. The accused shall be notified of the time, date and place of the trial and shall be allowed not less than ten (10) days from the time of such notice for the preparation of a defense. Each side shall procure the attendance of its witnesses. Section 5. The decision and penalty of the Trial Board shall be approved or modified at the next regular meeting of this Local Union before becoming effective.

ARTICLE XII
FINANCES

Section 1. (a) Dues and Initiation Fees. The dues and initiation fees shall not be further increased except in compliance with the International Constitution or by appropriate action of the membership of Local 6 as provided in these bylaws. All dues and assessments are due and payable on the first day of each month.

Section 2. Members in good standing, unable to work because of illness, shall receive each month a dues stamp cancelled "sick" as a loan from this Local Union. Such loan shall be repaid at the rate of one sick stamp per month when the member returns to employment. Members requesting a sick stamp loan from this Local shall submit to this Local Union a doctor's certificate, certifying that such member is sick and unable to work. The limit that sick stamps will be issued in any one calendar year is six (6) months. The time limit in cases of emergency may be extended upon recommendation of the Executive Board and approval of the membership, but in no event will the time limit be extended to a period beyond twelve (12) months.

Section 3. Any member being two (2) calendar months in arrears for the payment of dues, assessments, or fines shall be considered automatically suspended. The provisions of Article XI herein shall not apply to such suspension.

Section 4. Reinstatement to membership in this Local Union shall be made in accordance with the procedures set forth in Article XIV, Section 4, subsections (a), (b) and (c) of the International Constitution.

Section 5. It shall be mandatory on members of this Local to deposit their traveling card with the Local Union having jurisdiction before accepting employment. Any member violating the foregoing provision is subject to the provisions of Article XVII, Section 5 of the International Constitution.

Section 6. Death Benefits. Those members of the merging Local Unions entitled to death benefits in accordance with the bylaws or those respective locals shall continue to receive said benefits as long as they remain members in good standing of Local 6. Any member entering or re-entering Local 6 on and after October 1, 1979, shall only be entitled to those death benefits set forth in the International Constitution. 

Section 7. This Local shall establish a Defense Fund which shall be funded by all money received from a one-time assessment of $100.00 per each new member. This assessment is payable in 20 payments of $5.00 each or as otherwise determined by the Executive Board and Delegate Assembly. Money in this Fund can only be disbursed by check for the sole purpose of the defense of Local 6.
   The assets of the defense fund shall be used for the purposes of assisting the Union in related organizational drives and authorized work stoppages, strikes, and picketing activities and to assist the Union in any and all authorized activities designed to defend the Union, and to defend and enhance the wage and benefits standards of its members.
   Such assistance shall include but shall not be limited to the payment of all necessary and ordinary expenses related to any of the foregoing purposes including but not limited to the retention of all necessary professional, legal and technical personnel.

Section 8. There is hereby established Hotel, Restaurant & Club Employees and Bartenders Union, Local 6 AFL-CIO, Committee on Political Education (sometimes hereinafter referred to as "Committee") consisting of the members in good standing of the Union for the sole purpose of making lawful political contributions to state, county and local political candidates or in opposition thereto, and in support of or opposition to ballot issues and referendums which, in the Committee's discretion, shall be in Local 6's best interests. The Committee shall also be known as "Local 6 C.O.P.E." The Committee shall operate through and be administered by its Executive Board in accordance with the Committee's bylaws.
   The Committee, by appropriate resolution, shall establish and maintain a political fund, which shall be wholly separate and segregated from the accounts of this Union, for the sole purpose of making expenditures for the political exempt functions of the Committee as defined by law, and which shall be in the name of the Committee and known as Hotel, Restaurant & Club Employees and Bartenders Union, Local 6 AFL-CIO Committee on Political Education State Fund ("Local 6 C.O.P.E. State Fund").
   The Local 6 C.O.P.E. State Fund shall be funded from dues monies received by the Union on the basis of fifty cents ($0.50) per month, per member, payable to the Committee promptly upon receipt of same by Local 6, which funds shall not be used in connection with federal election activity. Said monthly payment shall be increased to one ($1.00) dollar per month effective January 1, 2000. The Union, from time to time, by majority vote of its Executive Board and with the approval of the Delegate Assembly, may suspend or reduce the rate of the aforesaid monthly funding payments to the Committee for a period of time not to exceed twelve (12) months.

   Upon transfer of monies by the Union to the Local 6 C.O.P.E. State Fund, the monies shall be under the exclusive direction and control of the Committee, and the Union shall have no interest in, right, or obligation concerning the monies. In no event shall monies transferred to the Committee be returned to or used by the Union and the Committee shall use the monies only for the purposes set out in this section. The Committee, however, is not prohibited from reimbursing the Union for the actual cost of goods or services provided to the Committee by the Union.

   Voluntary contributions may also be accepted, but shall be kept in the separate Local 6 C.O.P.E. State Fund and may be contributed to or used in connection with candidates for state office and local office, if such contributions are not prohibited by law.
The Business Manager shall have the authority to make expenditures from the separate segregated fund established hereunder. The Business Manager with the approval of the Executive Board shall have the authority to make expenditures from the Union's general treasury for other political, lobbying and/or legislative purposes.

ARTICLE XIII
AMENDMENTS

Section 1. All proposed amendments to these bylaws must be in writing, and either recommended by the Executive Board or signed by 1000 members in good standing with this Local and read at two (2) consecutive regular or special meetings of the Delegate Assembly and voted upon at the second meeting. After the first reading, the proposed amendment must be posted on the bulletin board until final action. A majority vote of members present at the second meeting shall be required to adopt an amendment. No amendment shall become effective until approved by the General President.

Section 2. The procedure outlined above in Section 1 shall be fully applicable to amendments providing for an increase in the dues, initiation fees, or a special or general assessment, except it shall require a majority vote by secret ballot on such second meeting day after reasonable written notice of intent to vote on the increase assessment is given to the membership. The Amendment, as set forth in the notice, is not subject lo change after the notice is sent. Section 3. Rules of order, or order of business, may be amended by a two-thirds vote of the membership present at a regular meeting.

ARTICLE XIV
INTERNATIONAL CONSTITUTION

Section 1. The terms and provisions of the Constitution of the Hotel Employees and Restaurant Employees International Union and any amendments thereto shall be binding upon this Local Union, its officers and members, as if fully set forth herein. Any provisions of these bylaws which are in conflict with the International Constitution or State or Federal Law shall be of no force or effect.

ARTICLE XV
BUSINESS MANAGER EMERITUS

Section 1. Upon the voluntary retirement of any Business Manager who has served a minimum of three (3) terms in office as Business Manager and who has held appointive and/or elective Local 6 office for a cumulative total of not less than twenty five (25) years, he/she may assume the title "Business Manager Emeritus" with such emoluments as may be designated by the Executive Board.