Unite Here Local 737

“7b - decisions of the executive board are normally approved by membership. Part vi no. 13 unite here local 737 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 any 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. 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 25 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 emplyee 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 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 union has full time and part time members.”

“Members with voting privileges elect officers to the executive board.”

“Decisions of the executive board are normally approved by membership.”

“990 will be reviewed by the president and financial secretary/treasurer prior to filing.”

“The process for determining compensation for other officers and key employees was determined by the union.”

“Governing documents are made avaialable to the public upon request.”

“Officers compensation from related organization. Jeremy cruz-haicken president of unite here local 737 is paid a salary from unite here international union in his position with the local 737 as president. He does not receive compensation from local 737 in his capacity as president of unite here local 737.”

“Through collective bargaining the local's purpose is to promote and improve the welfare of the local's members and their families. It also enforces the collective bargaining agreement where the members rights are protected and the local preserves safe working conditions, equal opportuity, and fair wages.”

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