Article VI

Meetings

Section 1. Meetings of the Executive Board, the Board of Trustee and of the Department Boards. The Executive Board, and the Board of Trustees shall meet regularly at least once a month except in July and August. The Department Boards shall meet at least once every two months except in July and August.

Section 2. Meetings of the Assembly   Regular meetings of the Assembly shall be held at least once every three months. Special meetings of the Assembly may be held at the direction of the Executive Board on not less than five days' notice in writing, mailed by the Secretary-Treasurer of the Union to each member of the Assembly at his last known address.

Section 3. Membership Meetings There shall be a hotel, motel and club membership meeting, a district membership meeting, a department membership meeting, a general membership meeting at least twice a year.

Section 4. Schedule of Meetings   All meetings shall be scheduled by the responsible officers and Business Agents subject to the approval of the Administrative Board.

   Insofar as practicable, during the month of January of each year, the Executive Board will work out a meeting schedule for the Executive Board, the Board of Trustees, Department Boards, the Assembly, combined meetings of the Assembly, and department delegates, and Membership meetings, in accordance with the requirements contained in the foregoing sections of this Article. Such schedule of meetings will be published in the official publication of the Union.

Section 5. Quorum   A majority of the members of the Executive Board, the Board of Trustees, the District Councils and the Assembly shall constitute a quorum at meetings of each of these respective bodies.

Article VII

Rights, Powers and Duties of Union Officers and Bodies

Section 1. The Assembly The Assembly shall be the highest body of the Union. The Assembly shall establish the geographical districts of the Union provided for in Article III, Section 6.

Section 2. The Executive Board   The Executive Board shall act as the general governing body of the Union between meetings of the Assembly. Among other things, the Executive Board shall have the power to determine, prior to nomination, the salary and compensation to be paid to the officers of the Union, subject to the approval of the Assembly; and action of the general officers in establishing positions of employees of the Union other than elected officers and in determining the compensation to be paid to such employees, shall be subject to the approval of the Executive Board. The Executive Board shall also have the power to appoint the Trustees of the Hotel, Motel and Club Employees Union Local No. 6 Insurance Fund and the Trustees of the Club Employees Pension Fund. In addition to the powers and functions vested in the Executive Board by this section and other provisions of these By-Laws, the Executive Board shall have such other general powers as are usually possessed by Executive Boards in Local Unions.

Section 3.    The Administrative Board     The Administrative Board shall act as the general governing body of the Union between meetings of the Executive Board. It shall have the right, in consultation with the General Organizer, to transfer and assign Business Agents to districts and tasks throughout the Union.

Section 4. The President The President shall be a full-time paid officer. He shall preside at all meetings of the Executive Board, the Assembly, and the General Membership, but he shall vote at such meetings only in case of a tie. He shall be a co-signer of ail checks issued by the Union and of all contracts entered into by it. It shall be his duty to enforce these By-Laws. He shall also have such powers as are generally exercised by the presiding officers of a union. The President shall be bonded in a sum not less than (hat required by law and by the International Constitution.

Section 5.    Vice-Presidents The Vice-Presidents shall represent the entire membership of the Union in performing their duties as members of the Administrative Board, of the Executive Board and of the Assembly.

   The Vice-President elected from the Club Department shall be responsible for the functioning of that Department including but not limited to the negotiation of collective bargaining agreements, conducting Department Board and Membership meetings and overall supervision of the Department.

   The Vice-Presidents from the other Departments shall be responsible for the proper functioning of the Department Boards and Department membership meetings of the Departments from which they are elected.

   The Vice-Presidents elected from among the five hotel departments shall be assigned by the President, subject to approval of the Administrative Board, to the various geographical districts of the Union, other than the Club District, to service the membership of the Union and to engage in organizing activities.

Section 6 The  Secretary-Treasurer    The Secretary-Treasurer shall be responsible for the handling of funds and correspondence. He shall be a co-signer with the President of all checks issued by the Union and of all contracts entered into by it. He shall report to the Administrative Board as to the financial affairs of the Union and shall, on behalf of the Administrative Board, make monthly financial reports to the Executive Board and quarterly financial statements to be submitted to the membership of the Union either by publication in the official Union newspapers or in some other appropriate manner which may be designated by the Executive Board.  The quarterly financial statements shall be audited and certified prior to their submission to the membership by a certified public accountant engaged by the Union and shall be sent quarterly to the General Secretary-Treasurer   of   the   International Union   in   accordance   with   the   International Constitution. The Secretary-Treasurer shall be bonded in a sum   not less than that required by law and by the International Constitution.

Section 7.    General   Organizer   The   General Organizer shall direct the activities of the Vice Presidents and the Business Agents when (hose   activities   pertain   to   (he   administration of   the   collective   bargaining   agreements,   organizing   new   establishments   and   processing grievances that arise  from  the application of (he   provisions   of   the   collective   bargaining agreements. He shall perform such other functions as may be delegated to him by the General Officers or by the Administrative Board.

Section 8.    The Recording Secretary   The Recording Secretary shall keep correct minutes of the business transacted at all meetings of the Executive Board, of the Assembly and of the general membership of the Union.

Section 9.    The Business Agents  The Business Agents shall administer (he 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 by the General Organizer.

Section 10.    The   Board of Trustee    The Board of Trustees shall act as an auditing committee and shall have the power and duty to audit the accounts of the Secretary-Treasurer, in addition to the auditing by the  Public Acountant, and generally to supervise the financial affairs of the Union.

Article VIII

  Offenses, Grievance  Board,  Charges,  Appeals.

Section 1. Grounds for charges   A member or officer of the Union may be required to stand trial when charged with any of the following offenses:

(a) Violation of any provision of these By-Laws.

(b) Gross disloyalty or conduct unbecoming a member.

(c) Gross inefficiency of an officer which hinders or impairs the interests of the Union, (d) Publicizing the internal affairs of the Union.

(e) Misappropriation.

(f) Secession or fostering secession.

(g) Abuse of fellow members or officers.

(h) Activities which tend to bring the Union into disrepute.

(i) Disobedience of the regulations, rules, mandates and decrees of the Union, its officers, or its subordinate bodies.

(j) Creation of or fostering the creation of any independent body or organization to exercise duties and functions similar to those exercised by the Union without the consent of the Executive Board.

(k) Preferring charges against an officer or member of the Union without reasonable evidence in support of the same.

(l) Such other acts and conduct which shall be considered inconsistent with the duties, obligations, and fealty of a member of the Union, or in violation of sound trade union principles.

Section 2.   Grievance Board   Five (5) members of the Grievance Board of the Union, constituted as provided in Article III, Section 15 of these By-Laws shall have the power to hear all charges which may be preferred against any member or officer. The Board shall meet on call of the President and Secretary-Treasurer of the Union, but shall, in any event, meet at least once a month except during July and August. The Executive Board may fix the compensation to be paid to the members of the Grievance Board. No member of the Grievance Board may participate in the deliberation or decision of the Board in any matter which involves a charge by or against him.

Section 3. Charges. All charges shall be made in writing and signed by the member or members preferring the same and shall contain details and the time and place at which the violation occurred. Charges shall be submitted in triplicate to the Secretary-Treasurer of the Union. Upon receiving charges, the Secretary-Treasurer shall transmit the original charges to the Chairman of the Grievance Board and shall cause a copy thereof to be served either in person upon the individual against whom the charges have been preferred, or by registered mail addressed to such person at his last known address. The copy of the charges served as aforesaid shall be accompanied by a notice of hearing informing the accused that the charges will be beard at the next meeting of the Grievance Board, occurring at least 10 days after the date of such notice of hearing. The Grievance Board may grant a reasonable adjournment to the accused, if in its judgment justice so requires.

Section 4. Hearings on Charges  At a hearing upon charges, the accused shall have the privilege of being represented by a member of this Union. Both the accused and the accuser shall be permitted to present evidence both by testimony of witnesses and/or by the introduction of documents and other exhibits. The Grievance Board may also receive evidence in its discretion in the form of affidavits. Both the accuser and the accused shall have the privilege of cross-examining each other's witnesses. A stenographic record shall be made of the proceedings of the Grievance Board which shall include the testimony of witnesses and the exhibits which have been received in evidence by the Board. In the event that the accused defaults in appearing at the hearing, the Grievance Board shall nevertheless be empowered to proceed with the hearing in the absence of the accused and to render a decision upon the charges presented. The procedure provided for in this Article with respect to charges shall be applicable to all charges pending at the time of the adoption of these By-Laws.

Section 5.    Dismissal of Charges on their Face   Whenever the Grievance Board shall conclude that charges before it are insubstantial or frivolous on their face, it may summarily dismiss such charges. Such dismissal may be ordered by the Board at the inception of the hearing or at any time during the hearing. The Board in its discretion may accompany its dismissal with a recommendation that the dispute which may be the subject of the charges shall be referred to an appropriate officer of (be Union for conciliation and adjustment.

Section 6.   Decision of the Grievance Board

As expeditiously as possible after the conclusion the of a hearing on charges, the Grievance Board shall make findings and render its decision on such charges. Where the Grievance Board finds that the accused is guilty, it shall impose sentence upon him. Such sentence in the discretion of the Board may consist of the imposition of a fine, suspension from office  (if the   accused   is   an   officer), suspension   from membership   or   expulsion   from   the   Union. Upon the rendering of its decision, the Grievance Board shall transmit the same, together with its findings and the entire record of the case, to the President of the Union. A copy of the findings   and   decision   of the Grievance Board and of the sentence imposed, if any, shall thereupon be sent by the President by registered mail to both the accused and the accuser at their respective last known addresses.

Section 7. Appeals. The decision of the Grievance Board may be appealed to the Executive Board of the Union which shall have the power to reverse or modify such decision and to reduce or augment any sentence which the Grievance Board may have imposed. Members of the Grievance Board shall not participate in any vote on the appeal. Appeals from decisions of the Executive Board may be taken to the New York City Local Joint Executive Board of this International and from the Local Joint Executive Board to the International Union as provided in the International Constitution. Notices of appeals from decisions of the Grievance Board to the Executive Board shall be filed with the Secretary-Treasurer of this Union within thirty days after the decision from which an appeal is taken. Unless the decision of the Grievance Board calls for expulsion or total suspension of all membership rights, there shall be no stay of execution pending appeal. If the decision of the Grievance Board imposes a fine of not more than $25.00. the amount of the fine must be posted with the Secretary-Treasurer upon the taking of the appeal and shall be held in escrow by the Union pending ultimate disposition of the appeal. Failing such posting, the appeal shall be dismissed.

Section 8. Failure of Officers Brought up on Charges to Appear Before the Grievance Board   In the event that the accused is an 6fficer of the Union and willfully fails or refuses to appear before the Grievance Board after he has been duly summoned to appear before the Board, such accused officer shall in that event be automatically suspended from his duties without pay, and his suspension shall continue in full force and effect at least until such time as be shall appear before the Grievance Board to answer the charges against him. AH rights, titles and privileges which such accused officer may have shall   be deemed waived by him immediately upon his willful failure or refusal to appear before the Grievance Board.  This provision shall not be construed so as to deprive the Grievance Board of the right to proceed with the bearing of the evidence against the accused in the event of his failure to appear before the Board.

Section 9.     Suspension of Union Officers Pending   (be   Hearing   and   Determination   of Charges Against Them    Whenever an officer of this Union, other than a General Officer or a Vice-President, may be brought up on charges and   a majority of the Administrative   Board shall be of the opinion that it would be to the best interests of the Union for such officer to be suspended from his office pending the hearing and determination of the charges, a majority of the Administrative Board may suspend such   officer   pending   the   hearing   and   final determination of such charges.  In the event, however, that such officer is ultimately exonerated of the offense charged, he shall be reinstated with back pay to the date of his suspension.

Section 10. Fines for Non-Attendance at Meetings The Executive Board shall have power to prescribe the imposition of fines against Union members for non-attendance at Union meetings, in the event that the Board shall consider such fines in the best interests of the Union, and the imposition of said fines are not in conflict with applicable Federal or State Law.

Article IX

Dues and Affiliations

Section 1. (a) Dues and Initiation Fees. The membership dues and initiation fees shall be fixed but may be changed from time to time by the Assembly, subject to the provisions of sub-paragraph (b) of this Section. The Executive Board is empowered to reduce the reinstatement fee whenever it is in the best interests of the Union to do so, subject to the approval of the General President. The reinstatement fee shall be in accordance with the provisions of Article XI Section 10 (b) and Section 11 of the International Constitution.

   Subject to the provisions of subparagraph (b) of this Section 1, the Assembly shall have the power to direct the levying of assessments.

   (b) Assessments and increases in dues and initiation fees. Initiation fees and the membership dues shall not be increased and no special or general assessment shall be levied unless (1) reasonable notice of intent to vote on the increase or assessment is given to the membership, and (2) said increase or assessment is approved by a majority vote by secret ballot of the members in good standing at a special or general Membership Meeting or in a referendum. Further, the establishment of any assessment or any increase or decrease in dues in excess of One ($1.00) Dollar per month, shall not be effective until approved by the General President.

Section 2.    Affiliation with the New York Hotel and Motel Trades Council  

The Union shall continue to be a member of and affiliated with the New York Hotel and Motel Trades Council, which shall act as the collective bargaining representative of those members of the Union who are employed in hotels and motels.

Section 3.    Affiliation with Other Organizations    The Union shall affiliate with the New York City Local Joint Executive Board of this International, the New York State Council, the New York State A.F.L.-C.I.O., the New York City Central  Labor Council,  and such  other bodies as are approved by the General President in conformity with the International Constitution.   The   delegates to all such bodies shall be elected  by the Assembly,  but  unless and until (he Assembly chooses such delegates, the power to choose them shall be lodged in the Executive Board.

Article X

Amendments to By-Laws

  These by-Laws may be amended in the following manner;

   1a. All proposed amendments shall be filed with the Secretary-Treasurer and shall be read by that officer at two successive meetings, regular or special of the Assembly.

   b. After the two readings of the proposed amendment at the two Assembly meetings above referred to, a notice in writing shall be sent by the Secretary-Treasurer to all members of the Assembly informing them that the proposed amendment to the By-Laws will be considered for final disposition at the Assembly meeting, regular or special, occurring next thereafter.   At such   meeting, the said amendment shall be submitted for discussion, amendment, approval or rejection. In order to amend or   approve   a   proposed   amendment, a   two-, thirds vole of the members of the Assembly present  at   such meeting shall be necessary.

   2. The Administrative Board may recommend amendments by giving notice in writing to the members of the Assembly at least ten days prior to a regular or special meeting of the Assembly. Such notice shall contain the proposed amendment.

   At the meeting of the Assembly, the amendment or amendments initiated by the Administrative Board shall be submitted for consideration and action.

   A two-thirds vole of the members of the Assembly, present and voting, shall be required for adoption of the amendment or amendments.

   3. In addition to the foregoing procedure, proposals for amendments to these By-Laws by the Convention may also be submitted to the Secretary-Treasurer of the Union in triplicate at least thirty (30) days prior to the Convention. Said proposals, shall be published the official Union publication. The Administrative Board of the Union may also propose amendments to these By-Laws at the Convention. Said amendments may be approved or rejected by the Convention Delegates by a majority vote of the Delegates   present and voting.

   4. Any amendment adopted by the procedures set forth above shall thereupon be deemed part of these By-Laws subject to the approval of the General President of the International Union.

Article XI

 Miscellaneous

Section 1. Delegates to the  International Convention.  The  President and the Secretary-Treasurer of the Union by virtue of their office shall be delegates to the International Convention.

   The remaining delegates which this Local is entitled to send to the International Convention shall be elected by secret ballot among the members in good standing of this Local Union. The Local Union shall mail to each member in good standing of his last known home address a notice of the time, date, place and manner of submitting nominations for delegates, and the time date, and place of the election, which election   shall  be held  not sooner than fifteen (15) days from giving of notice.

   Delegates may be elected at the Local's regular election for officers, or at special elections, or at regular meetings of the Local, provided that at least one (1) week intervenes between nominations and elections. The procedures for the election of delegates shall be the same as the procedure for election of officers of the Local Union. The Local Union shall send the names and addresses of the elected delegates to the General Secretary-Treasurer at least thirty (30) days prior to the date of the Convention.

   Section 2.    Use of the Name of the Union

No member or group of members, nor any officer or group of officers, nor any employee of this Union, elected or appointed, paid or unpaid, shall willfully lend his or their name followed or preceded by his official title and/or the name of this Union, as a sponsor, supporter, subscriber to, or in any other connection with any other organization, without first obtaining permission from the Executive Board of the Union.

Article XII

 Burial Benefits

   Section 1. Subject solely and exclusively to the terms and provisions of this Article, and not to any other Article or provision of these By-Laws, the beneficiary of an eligible member, as herein defined, shall, upon the death of said member, receive Local Death Burial Benefits. A Beneficiary for the purpose of this Article shall be natural person who provides for the burial of a deceased member.

   Section 2. The beneficiary of a deceased member shall be eligible for death burial benefits provided the member for twelve (12) consecutive months just prior to death has fully paid all dues, assessments and fines of the Union falling due and payable when due within the twelve (12) consecutive month prior to the death: and provided that the payments were made so that the deceased member wais not in arrears with respect to said payments for more than two consecutive calendar months at a time after the due date. A beneficiary of such a deceased member shall be entitled to receive death burial benefits from the Local in the amount of $225.00.

   Section 3. The beneficiary of a deceased member shall be entitled to Local death burial benefits in the sum of $300.00, provided, bow-ever, the deceased member has complied with the requirements set forth in Section 2 hereof, and was a member in continuous good standing for twenty-four (24) consecutive months just prior to his death.

   Section 4. The said Local Death Burial Benefits, however, shall be in addition to the Death Burial Benefits that may be due and payable pursuant to the provisions of the Constitution of Hotel and Restaurant Employees and Bartenders International Union.

Section 5.     Eligibility shall be solely determined   by   the   foregoing provisions   and   shall not be waived or excused by the fact that the Union   requests   payment of dues, assessments or fines, or fails to suspend for non-payment thereof or sends a notice of failure to pay for said purposes, or grants an extension of time for the payment of said items or by the maintaining   of eligibility   for   good   and   sufficient reasons advanced by the deceased member, or for any reason whatsoever, or the action of any officer,   representative  or  by  any membership meeting of the Union or in any wise which may be contrary to the provisions of this Article.

Section 6.    There shall be no death burial benefits due to the beneficiary of any member where the death occurs by reason of

(a)    Services in the military, naval or air forces of the United States during wartime,

provided such death occurs while the member is in such service, or within six months after the termination of such services.

(b)   As a result of service travel or flight in any species of aircraft while (1) the member is in the military, naval or air forces of any country, (2) or while the member is in aeronautic or aviation training outside such forces, if such training is under the supervision, direction or control of any governmental authority or agency, (c) Bombing, riot, pestilence, or any reason whatsoever, as a result of military or non-military   activities   carried   on    against   the civilian population in the course of a war.

Section 7. No local death burial benefits shall be paid to any beneficiary of a deceased member where the beneficiary or designee is entitled to and has received insurance benefits from the New York Hotel Trades Council and Hotel Association Insurance Fund or from any insurance fund or plan provided by an employer pursuant to a collective bargaining agreement between such employer and this Union

Revised                        March 27, 1973

Approved                       April 17, 1973

                                                                ED S. MILLER General President