Unite Here 217 Local

“Labor union consists of members that pay dues to the organization and work for an employer that operates under a collective bargaining agreement.”

“Union members in good standing are able to vote for officers of the union at elections that are held in accordance with the union bylaws(normally every three years).”

“The general membership approves certain executive board decisions such as the purchase of certain assets as required under the union by laws.”

“There is no applicable committee with the authority to act on behalf of the governing body for which minutes would need to be recorded.”

“Form 990 is reviewed with certain members of union management prior to the filing of the return.”

“Unite here local 217 fue is a labor organization governed by federal law. The labor management reporting and disclosure act of 1959, 29 u.s.c. Sec 402 et seq. ("lmrda"), imposes an explicit fiduciary duty on unions and their officers. 29 u.s.c. Sec 501. This duty includes "to refrain from dealing with such organization as an adverse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organization for any profit received by him in whatever capacity in connection with transactions conducted by him or under his direction on behalf of the organization". Unions are also required to file detailed annual reports that are available publicly. 29 u.s.c. Sec 431(b). Individual union officers and employees are required to file annual reports disclosing relationships that might lead to conflicts of interest. 29 u.s.c. Sec 432. The union's bylaws are filed with the department of labor and are also available publicly. 29 u.s.c. Sec 431(a). This law also provides whistleblower protection. 29 u.s.c sec 529. Unlike internal corporate whistleblowing policies, this one gives the whistleblower the right to sue in court to redress any retaliation. Section 302 of the labor management relations act, 1947, 29 u.s.c. Sec 186, prohibits a labor organization, its officers or agents from receiving anything of value from an employer whose employees the union either represents or might seek to represent. The national labor relations board also has rules against union conflicts of interest, such as union ownership of businesses that may compete with employers whose employees the union represents. Bausch & lomb optical co., 108 nlrb 1555 (1954) also unlike most non-profit corporations, unions are democratic organizations with a voting constituency to hold them accountable: their members. The right to participate and vote in union affairs is guaranteed. 29 u.s.c. Sec 411. Union officers are subject to periodic elections in which all members have an equal right to nominate, run for office and vote. No assets of the union or of any employer may be used in furtherance of any candidacy. 29 u.s.c. Sec 481. Unite here has an elaborate ethical practices code in article 23 of its constitution. The ethical practices code is enforced by an independent public review board whose members are appointed with concurrence of the united states government. The public review board has the power to make final and binding decisions, including the power to remove, suspend, expel, fine or forfeit the benefits of any officer or employee of unite here or its affiliates who violates the ethical practices code. Any officer, employee or member of unite here may file a compliant with the public review board. This right and how to exercise it is published in the union's annual journal. The unite here constitution also has a system for members to charge officers with violations of the constitution or "actual or attempted misappropriation, fraud or financial malpractice involving assets of unite here or any of its affiliates or any employee benefit plan". Such charges are heard by an internal trial board, subject to thorough protections of due process, which has the power to discipline offenders. The lmrda prohibits any loan in excess of $2,000 from a labor organization to any of its officers or employees. 29 u.s.c. Sec 503. The unite here constitution goes further than the law. Loans in any amount are prohibited except for short-term advances of actual, documented expenses where necessary. Ethical practices code sec 2(d). The compensation of officers and employees of the union is set by the executive board and the members. There are 26 members of the union's executive board. All of the members of the union's executive board are employed by or have contracts for the performance of services with the employer.”

“The union does not make available to the general public any of its governing documents, conflict of interest policy or financial statements.”

“Refund of program service revenue - member dues -4,653.”

“Method of accounting the union maintains its books and records and files its tax return on the modified cash basis of accounting.”

“Oversight responsibility there has been no change in the oversight responsibility. The executive board assumes responsibility for the audit process including selection of the independent auditor.”