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Old Local 6 BY-LAWS
Name,
Objects and Jurisdiction Section 1. Name and Affiliation. This organization shall be known as Hotel, Motel and Club Employees Union, Local 6 (hereinafter referred to in these By-Laws as the Union), affiliated with the Hotel and Restaurant Employees and Bartenders International Union, A.F.L.-C.I.O. Section 2. Objects and Jurisdiction. The object of the Union shall be to organize all workers of the hotels, motels and clubs in the City of New York coming within the jurisdiction of our International; to better their condition morally, physically, socially and financially by providing for their mutual protection and the improvement of their conditions, and generally for the elevation of the craft and the improvement of the standard of living of the workers engaged therein. Article II Membership Section
1. Qualification
for Membership. All applicants for membership in the Union must be competent workers in a craft of which the Union has jurisdiction and of good moral character. Only citizens of the United States and Canada or those who intend in good faith to become such citizens shall be eligible for membership in this Union. The filing of an application for membership by a non-citizen shall be considered a promise and undertaking on the part of the applicant to become a citizen as soon as possible unless prevented from so doing by circumstances beyond his control. Anyone who has made an application for membership into this organization under false pretense, if found guilty of such offense, shall have his membership cancelled. Section
2. Applications for
Membership Applications for membership shall be made to the Union in writing on application blanks furnished by the International Union, and each applicant must be vouched for by at least one member of the Union in good standing. The initiation fee shall be payable when application is made; but the Executive Board may provide for the payment of the initiation fee in installments over a period of not more than four weeks from the date the application is filed. Section 3. Disposition of applications for membership Each department board shall designate a member of said board to a committee which shall constitute an investigating committee to investigate applicants for membership in the Union as required by the applicable sections of the International Constitution, and a candidate for admission to the Union shall be elected by a majority vote of a meeting of the District Council of the District in which he is employed and shall be initiated at a membership meeting of such Council. Each applicant elected to membership shall be placed on the official roster of the Union. If he fails to present himself for initiation within a period of four weeks after his election, he shall, unless he gives a good reason, forfeit his initiation fee and shall be reported to the International Union as suspended when he is two calendar months in arrears for dues. Section 4. No discrimination. There shall be no discrimination against any member or any applicant for membership. Article III Structure, Government Section 1. The Union shall have the following General Officers: President Secretary-Treasurer General Organizer Recording Secretary All officers, agents, shop stewards, other representatives or employees of the Local Union or of any Trust in which the 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 XII, Section 9 of the International Constitution. The premiums on said bonds shall be paid by the Local Union. Section 2. Departments. The Union shall be divided into departments as follows: Banquet Department Bar Department Club Department Dining Room Department Housekeeping Department Kitchen Department. Section 3. Department Boards. The members of the respective departments who are elected to the Executive Board together with the members of the respective departments who are elected to the Assembly shall constitute the Department Boards for the departments as defined above. The members of each Department Board shall elect their own Chairman and a Trustee from among those members of the Department Board who are also members of the Executive Board of the Union. The Chairman of the Department Board shall automatically become a member of the Grievance Board of the Union. The Department Board shall meet and consider The problems affecting the department. The recommendations of the Department Board shall be subject to the approval of the Executive Board of the Union and the Assembly. Each Department Board shall meet no less then six (6) times a year. The Vice President of the Department shall schedule the meeting dates at least six (6) months in advance of the meetings. The Chairman shall preside at the meetings of the Department Board. At Department Board meetings, a quorum shall consist of cither a majority of the members of the Department elected to the Executive Board plus at least one member elected to the Assembly or, a majority of the members elected from the Department to the Assembly plus at least one member elected to the Executive Board. Section 4. Department Delegate. Each established and recognized unit of a hotel, motel or club shall be entitled to elect one department delegate. The Executive Board of the Union shall have final power to determine any question or controversy relating to the establishment of any department unit in a hotel, motel or club. The decisions of the Executive Board in respect to any such question or controversy may be appealed only to the Assembly. Department delegates shall be elected for a period of one year at a meeting of members of the unit attended by a Vice-President or Business Agent or officer of the Union. It shall be the duty of the department delegates to cooperate with the Vice-President, Business Agents and officers of the Union in the handling of grievances and in all other matters in which their efforts can best serve the membership of the Union. A department delegate may be recalled from office at any meeting of the members of the unit from which he was elected by a two-thirds vote of the members present at such meeting. Any department delegate whose connection with a hotel, motel or club is severed for any reason whatever for a period of two months shall be replaced by another delegate. The successor delegate shall be elected by the members of the department unit which the former delegate represented. A delegate claiming to have been improperly discharged and whose application for reinstatement has not been finally determined under the grievance machinery provided for in the Union's collective bargaining contract with the delegate's employer shall be considered as still connected with the hotel, motel or club. In any hotel, motel or club which is not under contract with the New York Hotel and Motel Trades Council or the Union, department delegates shall be chosen on the following basis: As soon as ten (10%) per cent of a department or a unit of an individual hotel, motel or club may be organized, the persons so organized shall be entitled to the same number of delegates for that department or unit as an organized hotel, motel or club. In those hotels, motels or clubs where an organization drive is being carried on, there shall always be at least one delegate. Section 5. Shop Chairmen The delegates elected by the members of the various department units in each hotel, motel and club may designate a Shop Chairman from among their number in any case where it is necessary to protect the best interests of the Union to employ a different method of choosing the Shop Chairman, the Executive Board may make an appropriate exception. Section 6. Districts. For the purpose of the proper functioning of the Union, the Union shall be divided into geographical districts and the Club District. The boundaries of the geographical districts shall be established by the Assembly and the number of districts and their geographical boundaries may be changed by the Assembly from time to time. Section 7. District Councils The Vice Presidents and Business Agents assigned to each District, together with the Department Delegates in the District, shall constitute the District Council of the several districts, as defined by these by-laws. The District Councils shall meet on call, issued by the Administrative Board, on recommendation of the Vice Presidents and Business Agents assigned to the respective districts. The Vice President in each District shall preside at the meetings of the District Councils. All actions of the District Councils shall be in the form of recommendations to the Executive Board and to the Assembly and subject to their concurrence. Section 8. The Administrative Board The General Officers and the Vice Presidents shall constitute the Administrative Board of the Union. Section 9. Vice Presidents. The Union shall Presidents, to be elected from among the members of each department listed in Article II, Section 2, of these By-Laws. The President of the Union, with the concurrence of the Administrative Board, shall assign the Vice Presidents to the various geographical Districts, excepting the Vice President elected from the Club Department, who shall confine his activities to the Club Department. Section 10. Business Agents. (a) The Union shall have a number of Business Agents. The number of Business agents to be elected shall be determined by the Assembly at the meeting of the Assembly immediately prior to the date of nominations for the election. (b) The Assembly may, upon recommendation of the Administrative Board, from time to time appoint and remove such additional appointed temporary, part-time and full-time Business Agents as it may deem to be in the best interest of the Union. Upon the recommendation of the Executive Board and Administrative Board, the Assembly shall determine the salaries and the terms of the appointed Business Agents. Section 11. Executive Board. The Union shall have an Executive Board, which shall consist of the members of the Administrative Board together with such additional members as shall be elected to the Executive Board by the Membership of the Union. Members of the Executive Board so elected shall be representative of the various departments of the Union on the following basis: There shall be elected one Executive Board member from each department for each 500 members of the department of the Union in good standing, or major Fraction thereof, provided, however, that each department shall in any event be entitled to not less than three members of the Executive Board. The Business Agents of the Union shall attend meetings of the Executive Board and shall have a voice but vote. Section 12. Assembly. The Union shall have an Assembly which shall consist of delegates elected in the manner hereinafter described. The members of the Union in each district shall be entitled to elect one Assembly Delegate for each 100 members in good standing, thereof, working in such district. Said delegates shall be elected from among the members of the various district in such proportion as the number of members in each Department in the district bears to the entire membership of the district. Not more than one Assembly Delegate from the same department shall be elected in any house, except in those instances where there are 100 members of the Union, and a major fraction thereof, from the same department working in the same house. In such case, one delegate from each 100 members, or major fraction thereof, working in the same department may be elected, but in no event shall more than four delegates be chosen from any one department in any individual house. Each department in each geographical district shall be entitled to elect at least one delegate. The Assembly shall, at the meeting of the Assembly held prior to nominations, establish the minimum number of Assembly members to be elected by the Club District. The Assembly shall, at said meeting, also establish the minimum number of Assembly members to be elected in each district from (he Bar and Banquet Departments. Should more than the permissible number of delegates from any house or department receive a higher number of votes, only the number of delegates permitted to be elected from said house or department in accordance with the standards established by this Section of the By-Laws shall be deemed elected, and the candidate or candidates, as (he case may be, receiving the next highest number of votes, whose election is permissible under such standards, shall be deemed elected. The members of the Administrative Board of the Union, the Business Agents of the Union and the members of (he Executive Board of the Union shall be ex officio members of the Assembly, and shall have voice and vote therein. The members of (he Administrative Board and the Business Agents, however, shall not be eligible for election to either the Executive Board or the Assembly. Section 13. Meetings of the Assembly The Assembly shall meet quarterly. The President of the Union shall preside at the meetings of the Assembly. Decisions and activities of (he Administrative Board, the Executive Board and the Department Boards shall be reported to the meetings of the Assembly for appropriate action. Upon the recommendation of the Administrative Board, the Assembly shall establish the boundaries of the geographical districts of the Union, pursuant to the authority granted in Article III, Section 6. Said boundaries and the number of geographical districts may be modified from time to time. In addition, the Assembly shall carry on such business of the Union as it may deem in the best interests of the Union. A written or recorded transcript of the proceedings of the Assembly meetings shall be made by the Recording Secretary of the Union. Section 14. Employees. The General Officers shall, with the approval of the Executive Board, hire such employees as are necessary to operate the Union. The General Officers shall have the authority, subject to the approval of the Executive Board, to terminate the employment of such employees a* they deem necessary. Section 15. The Grievance Board The Union shall have a Grievance Board which shall consist of the Chairmen of the various Department Boards. The members of the Grievance Board thus constituted shall elect their own Chairman. Section 16. The Board of Trustees The Trustees elected in the respective departments as above provided shall constitute the Board of Trustees of the Union. Section 17. Committees. The Union shall have such committees as the Executive Board may from time to time establish. Article IV Convention The Union shall have a Convention in March 1974, and in March of every third year thereafter on dates to be select by the Executive Board. Election of Convention Delegates shall be held in the month of February 1974, and every third year thereafter. Convention delegates shall be elected by secret ballot on the following basis: The members of the Union in each district shall be entitled to elect one delegate for each 100 members in good standing, or major fraction thereof, working in such district. Said delegates shall be elected from among the members of the various departments in each district in such proportion as the number of members in each Department in the district bears to the entire membership of the district. Not more than one delegate from the same department shall be elected in any house, except in those instances where there are 100 members of the Union, and a major fraction thereof, from the same department working in the same house. In such case, one delegate from each 100 members, or major fraction thereof, working in the same department may be elected, but in no event shall more than four delegates be chosen from any one department in any individual house. Each department in each geographical district shall be entitled to elect at least one delegate. Should more than the permissible number of delegates from any house or department receive the highest number of votes, only the number of delegates permitted to be elected from said house or department in accordance with the standards established by this section of the By-Laws shall be deemed elected, and the candidate or candidates, as the case may be receiving the next highest number of votes, whose election is permissible under such standards, shall be deemed elected. The nomination and election of Convention Delegates shall take place in accordance with procedures established by the Executive Board. The Executive Board shall also designate an Election and Objections Committee of six members, consisting of one member from each department of the Union. The Election and Objections Committee shall, in connection with the election of Convention Delegates, have the powers and perform the functions of an Election and Objections Committee as set forth in Article V, Section 6, Subsection a, of these By-Laws. There shall be an interval of no less than two weeks between nominations and elections of Convention Delegates. The Secretary-Treasurer, not less than fifteen 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 said election. The members of the Administrative Board shall be Delegates ex officio to the Convention with voice and vote. The Local 6 Delegates to the New York Hotel and Motel Trades Council and all other officers of the Union shall be delegates to the Convention ex officio, with voice and no vote. A majority of the delegates shall constitute a quorum. The President of the Union shall preside at all sessions of the Convention and he shall appoint all committees that are deemed necessary for the efficient conduct of the Convention business. Nominations, Elections, Tenure and Qualification Section 1. Nominations of candidates for President, Secretary-Treasurer, General Organizer, Recording Secretary, Delegate to the Hotel and Motel Trades Council, Vice President, Business Agent and Member of the Executive Board, shall be held at least two weeks prior to the date of the general election for which the nominations are made, and shall lake place in accordance with such procedures as may be established by the Executive Board. Section 2. Elections. The President, Secretary-Treasurer, General Organizer, Recording Secretary, Delegates to the New York Hotel and Motel Trades Council, Vice Presidents. Business Agents and members of the Executive Board shall be elected by secret ballot in a general election in which all members of the Union in good standing shall be eligible to vote. In electing representatives to the Executive Board, members of each department shall vote only for candidates representing their department. For purposes of this Section of the By-Laws, the Club District shall be considered a department. Anything in these By-Laws to the contrary notwithstanding, the tenure of those in office on the date of this amendment shall continue until the end of the term for which they were elected or appointed. Section 3. Members of the Assembly shall be elected by secret ballot in an election to be held at the same time as the election of officers. Assembly elections shall be held on a district basis, with members in each district voting for candidates nominated in the respective district meetings. For the purposes of this provision, the Club Department shall be considered a district. The number of Assembly members to be elected in each district shall be determined in accordance with the provisions of Article III, Section 12, of these By-Laws. Section 4. Acceptance of Nominations All candidates who are nominated must signify their acceptance or declination of nomination at the meeting at which the nomination is made. In the event of absence from the nomination meeting, a letter from the person nominated may be accepted prior to the opening of the meeting as evidence of his willingness to accept a nomination. Section
5. Terms of Office and time of Elections (a) The general election of all General Officers, Vice-Presidents, elected Business Agents, Delegates to the Hotel and Motel Trades Council, and members of the Executive Board and Assembly shall be held every three (3) years from the date of the last election. (b) The installation of all General Officers, Vice-Presidents, elected Business Agents, Delegates to the Hotel and Motel Trades Council, and members of the Executive Board and Assembly shall take place as soon as practicable after each election and they shall serve for a period of three years from the date of their election. (c) The Secretary-Treasurer, not less than fifteen 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 he filled and the time, date, place and manner of submitting nominations, as well as the time, date and place of said election. Section
6. Election
Procedure. a. Election and Objections Committee The Assembly upon recommendation of the Executive Board at its meeting immediately preceding the date of nominations provided for in Article V, Section 1 of these By-Laws, shall designate an Election and Objections Committee of six members, consisting of one member from each department of the Union. The Chairman of the said Committee shall be appointed by the Assembly from among the six members thus designated. Members of the Election and Objections Committee shall not be eligible as candidates for any office in such election. The function of Election and Objections Committee shall be to establish rules and regulations for the holding of the election. Such rules and regulations shall not conflict with the provisions of these By-Laws and shall be consistent with the basic principles as established in these By-Laws. The Election and Objections Committee shall also have the power to rule on any objections as to eligibility of any candidate to run for office, subject only to appeal to the General President of the International Union. b. Secret Ballot All voting at a general election shall be carried on by the use of voting machines. However, if the Assembly decides that because of physical difficulties or unjustified expense it is impractical to use voting machines, the Assembly may provide by a two-thirds vote for some other form of secret ballot under proper safeguards. c. Installation Into Office. The installation of officers and Assembly members shall take place as soon as practicable after each election. Section 7. Eligibility to be a Candidate for and to Hold Office in the Union a. With respect to membership in the Union. In order to be eligible for nomination as an officer, a candidate must possess the following qualifications: (1) He must be a member of the Union in continuous good standing for a period of two years preceding the date of election; (2) He must have served as a member of either the Assembly or the Executive Board or he must have been a department delegate, or in the alternative, he must have been a member of the Union for five years; (3) He must be under 65 years of age. In order to be eligible for nomination as a member of the Executive Board, as a Convention Delegate, as a delegate to the Assembly or as a department delegate, a candidate must be a member of the Union in continuous good standing for a period of at least one year immediately preceding the date of the election. b. With respect to association with subversive organizations. No person shall be eligible, as a candidate for or to hold any office in this Union or to serve as a delegate to any organization with which this Union is affiliated or to the International Convention, if such person associates himself with Communists, Fascists or similar organizations, or the Ku Klux Klan or Columbians. Such eligibility shall likewise be denied where a person associates himself with, lends support or subscribes to the subversive doctrines of any of the organizations enumerated herein, similar organizations, or any organization or group that expounds or promotes any doctrine or philosophy inimical to or subversive of the fundamental purposes of the Constitution of the Government of the United States, of the A.F.L.-C.I.O., of the International Union or of this Union. Section. 8. Eligibility to Vote at Elections. In order for a member to be permitted to vote at any election, such member must be in good standing at the time of the election. Any member who is not employed in a particular hotel, motel or club upon the date upon which eligibility to run for office in the Union is predicated, shall be a candidate for office, participate in nominations and vote in such district as may be designated by the Election and Objections Committee. Section 9. Vacancies in Office Whenever any position enumerated in Article V, Section I. of these By-Laws becomes vacant by reason of death, resignation, removal from office, inability or unwillingness of the officer to serve, such vacancy shall be filled by the General Officers for the unexpired term. Successor Officers appointed in accordance with this provision shall assume their duties of office immediately upon designation by the General Officers subject to the subsequent concurrence of a majority of the Executive Board and the Assembly at a special or regular meeting of each of these bodies. Should the appointment take place at a time when no regularly scheduled Executive Board meeting is due to be held prior to a scheduled meeting of the Assembly, concurrence of the Executive Board shall not be required. Section 10. Vacancies in Executive BoardWhenever a vacancy shall occur in the Executive Board, it shall be filled for the unexpired term by the Assembly from among the members of the department in which the vacancy occurs. Section 11. Vacancies In the Assembly Whenever a vacancy shall occur in the Assembly, it shall be filled for the unexpired term from among the members of the Department to which the prior Assembly member belonged by the District Council. Section 12. Other Vacancies Except as otherwise provided in these By-Laws, persons shall be chosen to fill vacancies in any other position or body in the Union for the unexpired term in the same manner as the original incumbent of such position or member of such body was chosen in the first instance. Section 13. Non-Attendance at Meetings Any member of the Executive Board, the Board of Trustees, a Department Board or the Assembly, who fails to attend two successive meetings of any of said respective bodies of which he may be a member, without a reasonable excuse for such non-attendance, shall be automatically dropped therefrom; and the resulting vacancy shall be filled in the manner prescribed in these By-Laws.
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