Unite Here Local 5

“Per article ii of unite here local 5's by-laws: section 1. Membership of this organization shall consist of an unlimited number of workers primarily in the hotel and restaurant industries who agree to abide by the bylaws of this local, the ritual and constitution of the unite here international union, as now in effect or as they may thereafter be amended. Section 2. Acquiring membership. A person eligible for membership and working within the jurisdiction of this local union, making application for membership, shall become a member of this local and the international union upon receipt of the membership application and the dues and fees which may be required. Section 3. Whenever a member of this local becomes a manager not working in the craft of this local union, an owner or proprietor or a working member of another international union, and not employed under the jurisdiction of this international union, he may be accepted for or hold membership in this local union only as a passive member, provided such person maintains no affiliation with a proprietors organization hostile to this international union. (a) passive members shall not be entitled to voice or vote or to attend meetings of this local union. They shall be ineligible for election to any office in this union or any position as a delegate representing this union. (b) passive membership is hereby declared a privilege, revocable at will by the executive board of the local union. (c) any member desiring to change his membership status from passive to active or active to passive must appear before the executive board and such change of status can only be granted upon the approval of the executive board. At any time the executive board of this local determines that an active member's status has changed under the guide lines of this section, the executive board shall be empowered to change the member's status from active to passive and shall so notify the member of his status change. Section 4. Recall to active military service: in the event a member of this local union is recalled to active military service due to a prior military commitment, that member shall be permitted to withdraw from the local union at no cost to the member. Upon return from active service such member shall be reinstated to membership in good standing at no cost to the member. Section 5. Pursuant to article 14, section 2 of the international constitution, individuals shall be automatically withdrawn from membership who for more than two years have not worked within unite here's jurisdiction, and no dues shall be accepted from such individuals except for passive membership.”

“Per article v of unite here local 5's by-laws: section 1. (a) election of officers shall be held every three (3) years. To be eligible, nominated and hold office, a member must: 1. Have been an active member in continuous good standing with this local union, and; 2. Have his/her dues fully paid for a period of twenty-four (24) consecutive calendar months preceding the month that nominations are held. An active member in continuous good standing shall mean that a member's dues are fully paid for the twenty-four (24) consecutive months period immediately preceding the month that nominations are held. No member who has authorized his employer to withhold dues from his compensation shall be declared ineligible to vote or be a candidate for office by reason of the employer's delay or default in payment or deduction of dues. (b) in order for any member to be eligible to be nominated for any office in this local, he/she must: 1. Be present at the nominating meeting, or; 2. Must have submitted a written statement to the financial secretary-treasurer prior to the opening of nominations, indicating his/her willingness to accept the nomination if his/her name is proposed. A nominee can only be nominated for one office. (c) in addition to the requirements of article v, section 1(a) and 1(b), in order to be eligible to be a candidate for executive board member for the hotel division, hospital division, food and beverage division and the neighbor island county/island, a member must be working in the division or in the neighbor island/county, as stipulated in article iv, section 1 herein for a period of three (3) months immediately preceding the meeting for nominations, except that any eligible member may be elected to the position of executive board member-at-large, trustees or officers of the local. Section 2. A reasonable opportunity shall be given to the members to nominate candidates for office. Nominations of officers shall be received at a meeting to be held during the month of may, on a day to be determined by the executive board, every three (3) years. Nominations may also be made by mail, facsimile, or in person from members not residing on the island of oahu, provided such nominations are received by the chairman of the election committee on or before the date and time of the nomination meeting. Section 3. The election shall be held by secret ballot during the month of june, on a day to be determined by the executive board, every three (3) years among the members in good standing in this local union. No write-in votes shall be permitted. Section 4. The financial secretary-treasurer, not less than fifteen (15) days prior to the date of nominations, shall mail to each member in good standing at his last known home address a notice of the offices to be filled and the time, date, place and manner of submitting nominations, as well as the time(s), date(s) and place(s) of the election, as decided upon by the election committee. The notice shall bear the signatures of both the president and financial secretary-treasurer. Section 5. The election notice and the ballot shall state that the president, senior vice- president and financial secretary-treasurer shall serve, by virtue of their offices, as delegates to any international convention held during their term; and that executive board members shall serve, by virtue of their office, as delegates to the local delegates convention. Section 6. In april 2013, and every three (3) years thereafter, an election committee of five (5) members in good standing who are eligible to be elected as officers or executive board members, the majority appointed by the president and the minority appointed by the senior vice-president, shall take charge of the elections and provide safeguards to ensure a fair election. No candidate for office or any officer serving out his term of office shall be eligible to serve on the election committee. The election committee shall pass on the eligibility of all candidat”

“Per article xiv of unite here local 5's by-laws: section 1. All proposed amendments to these bylaws must be in writing and recommended by the executive board or signed by 300 members in good standing with the local union and read at and voted upon at a special meeting or at a local convention. A two-thirds majority vote of members present shall be required to adopt an amendment. No amendment shall become effective until approved by the international presidents. The membership shall be notified after an amendment has been approved by the international presidents. Section 2. The procedure outlined above in section 1 shall be fully applicable to amendments providing for an increase in dues, initiation fees or a special or general assessment, except it shall require a majority vote by secret ballot after reasonable written notice of intent to vote on the increase or assessment is given to the membership. The amendment as set forth in the notice is not subject to change after the notice is sent. Section 3. Rules of order of business may be amended by two-thirds vote of the membership at a special membership meeting or at a local convention.”

“Subcommittees report to the executive board therefore their actions are documented in the executive board minutes.”

“The form 990 is reviewed by the comptroller prior to its filing.”

“Officers, directors or trustees and key employees are required to disclose annual interest that could give rise to conflicts.”

“The organization does not generally make its governing documents, conflict of interest policy and financial statements available to the public.”

“Unite here local 5's governing body is responsible for overseeing the financial statement audit and selection of the independent accountant that performs the audit.”