Unite Here

“There are material voting differences between the members of the executive committee. Only executive vice presidents may vote on any contested matter.”

“Executive vice president, geoconda arguello kline, and division director, kevin kline, have a family relationship.”

“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.”

“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 25 of its constitution. The ethical practices code is enforced by an independent public review board. 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. 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 an independent accounting firm. It is then reviewed by the international unions' accounting/ finance department. 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. Unite here prohibits conflicts of interest based on its rigorous ethical practice code and an independent public review board enforces the code. Part vi, section b, line 13 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 unite here 13-3819434 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 constitution is 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 constitution, which contains the organization's conflict of interest policy, is available to members upon request.”

“The union's mission is to represent workers throughout the u.s. And canada who work in the hotel, gaming, food service, manufacturing, textile, distribution, laundry, and airport industries. Unite here boasts a diverse membership, comprising workers from many immigrant communities as well as a high percentage of african-american, latino, and asian-american workers. The majority of unite here members are women.”

“To help subsidize its financial operations throughout the pandemic, unite here took advantage of several governmental programs designed to provide liquidity to organizations in need. In may 2021, unite here was granted a loan totaling $6,106,379 pursuant to the small business administration paycheck protection program under division a, title 1 of the cares act (the "ppp loan"). Funds from the ppp loan may only be used for certain costs, such as payroll costs and occupancy expenses. Unite here used the entire ppp loan for qualifying expenses during the covered period from may 5, 2021 to october 20, 2021. On july 7, 2022, unite here submitted a loan forgiveness application which was approved by small business administration on july 13, 2022, for the full amount of $6,106,379. The loan payable balance reflected on the balance sheet will be reclassed as government grant revenue on next year's form 990.”

“The labor management reporting and disclosure act (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).”

“Unite here created a new spin-off retirement plan, the united here international and locals pension fund, that will provide retirement benefits to both international and participating locals' staff as well as certain retired participants. The pension fund was funded in 2021 with a one-time lump-sum contribution of $41m; this expense is reported in part ix, line 4, benefits paid to or for members.”