Unite Here

“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. 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 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 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 complaint 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 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, that has powers to discipline offenders.”

“The form 990 was prepared by the International Unions' accounting/ finance department and then reviewed by an independent accounting firm. The Form 990 is not distributed to the full executive board; it is circulated to a few select UNITE Here officers and reviewed for completion and accuracy. Once finalized, the Form 990 is filed with the Internal Revenue Service.”

“Section 302 of the Labor Management Relations Act, 1947, 29 U.S.C. 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).”

“UNITE HERE International Union is a labor organization governed by federal law. The Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. 402 et seq. ("LMRDA"), imposes an explicit fiduciary duty on unions and their officers. 29 U.S.C. 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. 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. 432. The union's bylaws are filed with the Department of Labor and are also available publicly. 29 U.S.C. 431(a). This law also provides whistleblower protection. 29 U.S.C. 529. Unlike internal corporate whistle blowing policies, this one gives the whistleblower the right to sue in court to redress any retaliation.”

“The compensation of the President and all other International officers of UNITE HERE is set by the General Executive Board. The General Executive Board is elected by the delegates to the convention, who are in turn elected by secret ballot by the members of UNITE HERE. The setting of compensation has never been done by comparison to other organizations although there is a reasonable level of awareness of what the top officers of the other unions are paid.”

“The UNITE HERE Form 990 is made available to the public at its main place of business and on the internet at www.guidestar.org. The organization's LM-2 is available on the Department of Labor's website or by request to that agency. The form is also available to members upon request. The organization's financial statements and other organizing documents are made available to the public upon request and at management's discretion.”

“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. 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 2(d). Part VI, Section A, Line 2 Executive Vice President, Geoconda Arguello Kline, and International Vice President, Kevin Kline, have a family relationship. Part VI, Section A, Line 6 Unite here is a section 501(c)(5) labor union that by definition is comprised of members. Unite Here is an association of workers who have combined to protect or promote the interests of the members by bargaining collectively to secure better working conditions, wages, and similar benefits.”

“Reconciliation of Net Assets Net Asset Restatement accrual basis to modified cash $ 14,244,000 Pac fund assets reported on its own 990 $ 1,258,819 Unrealized gain or loss on foreign exchange $ (133,700) ------------- $ 15,369,119 =============”

“Effective January 1, 2013 UNITE HERE changed its method of accounting both for financial statement reporting purposes and Form 990 disclosure purposes. The Form 990 has been prepared on the government regulatory basis of accounting required by the U.S. Department of Labor for the preparation of Form LM-2 "Labor Organization Annual Report." This reclassification related to the change in accounting method resulted in an increase of net assets of 15,502,819.”