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To:
From:
Date:
Subject:
MajorityCounsel/ProgramServices
SenatorJoseph
L.Bruno,
Majority
Leader
Senator
SnJlW
/"
EdBartholomew
Jr.
July
5
,2001
WolfgangHammerPursuanttoyourrequest
r
havespokentoWolfgangHammer.Wolfgangindicatedthathebrieflyspoke
(0
youconcerninghiseffortstoenterintoanagreementwiththeTroyCountryClub.
Wolf
gang
has
faxedanoutline
of
theagreementtomyattention.Wolfgang
is
seekinginthisagreementtoestablish
a
process
via
cardcheckforemployeestoconsiderjoininghisunion.While
the
TroyCountryClubis
governed
bytheNationalLaborRelationsBoard(NLRB)andnotbythe
NY
StateProcess,WolfgangisaskingthroughthisagreementfortheTroyCountryClubtoutilizethecardcheck
off
systeminstead
of
conductinganelection.\Volfgangisseekingyourintervention/assistanceincommunicatingthisconcepttotheTroy
Country
ClubGoverningBoard.
J
have
indicatedthat
J
will
speaktoyouconcerningthisrequestandgetbacktohim.TheprocesscardcheckversuselectionthatWolfgang
is
requestingiscertainlywithinthediscretion
of
the
Country
Club
to
accept.Thekeyissuehoweveris"doesthecountry
club
desiretohaveunionizedemployees.
J
r
theClub
says
noto
this
agreement,theunioncantaketheirappropriatesteps
underNLRB
and
seek
an
election.
Wolfgangsayshe
is
tryingtoavoidthisprocessduetocostandtime.
I.
Pleaseadvise.Thankyou
GOVERNMENT
EXHIBIT
GG
-12
 
1v1EMORANDUMOF
AGREEMENT
THIS
AGREEMENT
ismade
and
enteredintobyand
betweenTHEOUNTRY
CLUB
OFTROY,
NEW
YORK..
INC.
with
offices
at
100
COWltJ'y
ClubRoad,
Troy,
ewYork12180(the"Employer")
and
theHOTEL,
MOTEL
&
RESTAURANT
EWLOYEES
AND
BARTENDERS
UNION,
LOCAL471,
AFL-CIO,
with
officesat368Broadway,
Saratoga
Springs,
New
York
12866
(the
"Union").
1.ThisAgreement
shall
cover
all
regularfull-time
and
part-time
employeesemployed
in
aU
foodandbeverageservice,housekeepingandmaintenanceclassifications(excludingprofessional
or
supervisory
employees)
or
in
classificationscalledbydifferentnames
when
performingsimilarduties(referredtohereinafteras("Employees")at
The
Country
Club
of
Troy,New
York,
Inc.,
Troy,
New
York,
which
country
club
is
operated
by
or
substantially
under
thecontrol
of
the
Employer.
The
term"Employer"
shall
be
deemed
toinclude
any
person,
firm,
partnership,corporation.joint
venture
orotherlegalentitysubstantially
under
the
control
of
the
Employer
covered
by
thisAgreement,
or
asubsidiaryor
subcontractor
of
theEmployer,oranyperson,finn,partnership,corporation,jointventureorotherlegalentitywhichsubstantiallycontrolstheEmployer
covered
by
this
Agreement.2.
The
partiesherebyestablish
the
following
procedure
for
thepurpose
of'ensuringanorderlyenvironmentfor
the
exercise
by
the
Employees
of
theirrights
under
Section
7
ofthe
National
Labor
Relations
Act
and
to
avoidpicketing
and/or
othereconomicactiondirectedat
the
employer
in
theeventtheUniondecidesto
conduct
anorganizingcampaignamongEmployees,3.Thepartiesmutuallyrecognizethatnationallaborlaw
guarantees
employees
the
righttoformorselectany
labor
organization
to
actastheirexclusiverepresentativefor
the
purpose
of
collectivebargaining
with
theiremployer,
0
torefrain
fromsuch
activity.
4.
The
Employer
will
take
apositive
pproach
tounionization
of
Employees.
The
Employerwillnotdo
any
action
normake
any
staternntthat
will
directly
or
indirectly
stale
or
imply
any
opposition
by
the
Employer
to
the
selectionbsuchEmployees
of
acollective
bargaining
agent,
or
preferenceforor
opposition
toanyparticularunionasabargaining
"gent.
5.
The
Unionand
its
representatives
will
notcoerce
or
threaten
any
Employee
in
anefforttoobtainauthorizationcards.6.
Whenever
duringthe
term
of
this
AgreementtheEmployerfinds
it
necessary
La
hirenewEmployeesforvacancies
injob
classificationscovered
by
this
Agreement,
Uhe
Employershallnotify
the
Union
torequest
applicantsforsuch
vacancies.
When
requestingapplicants,the
Employer
shallstate
thequalificationsapplicantsareexpectedtopossess.
The
Union
may
furnishapplicantsfor
the
job
vacanciesspecified
by
theEmployer.The
Union's
selection
of
applicams
forreferral
shall
be
on
anon-discriminatory
basis
and
shall
not
be
based
upon
or
in
any
way
effected
by
membership
in
the
 
Unionorthe
Union's
bylaws,rules,regulations,
constitutional
provisions,
or
any
other
aspects
or
obligation
of
Unionmembershippolicies
or
requirements,
or
uponpersonalcharacteristics
of
an
applicantwherediscrimination
based
upon
such
characteristics
is
prohibited
by
law.
TheEmployer
agreesthatany
interest
demonstrated
by
anapplicantinjoiningthe
Union
shall
DOt
constitute
grounds
fordiscriminatory
or
disparate
treatment
nor
adversely
impact
the
applicant's
abilitytobehired
my
the
Employer.
The
Employer
shall
be
thesole
judge
of
anapplicant'ssuitability,
competence
and
qualificationsto
perform
the
work
of
any
jobto
befilled.
7.
If
theUnion
provideswritten
notice
to
the
Employer
of
its
intent
to
organize
employees
covered
by
this
Agreement,
theEmployer
shall
provide
access
to
its
premisesandto
suchEmployees
by
the
Union.
The
Unionmayengage
in
organizingefforts
in
non-publicareas
during
Employees?
non-workingtimes
(before
work,
after
work,
andduring
meals
and
breaks)
and/or
during
such
other
periodsas
the
partiesmaymutually
agreeupon
.8.Withinten
(10)
days
following
receipt
of
written
notice
of
intent
to
organize
Employees:..the
Employer
will
furnish
the
Union
With
a
complete
list
of
suchEmployees,including
both
full
and
part-timeEmployees,
showing
their
job
classifications,departments
andlocationat
the
Country
Club,
Within
two
(2)
weeks
thereafter,the
Employer
will
furnishasecond
list
of
suchEmployees
to
the
Union.including
the
addresses
of
all
Employees.Thereafter,the
Employer
will
provide
updated
completelists
monthly.
9.
The
Union
may
requestrecognitionas
the
exclusivecollectivebargaining
agent
for
such
Employees.
The
arbitrator
identified
in
paragraph
13,
or
another
personmutually
agreed
upon
by
the
Employer
and
the
Union,
will
conduct
a
review
of
Employees'
authorization
cards
and
membership
informationsubmitted
by
theUnion
in
support
of
the
claimtorepresentamajority
of
the
Employees,
If
thatreviewestablishesthatamajority
of
Employees
has
designated
the
Unionastheir
exclusive
collectivebargainingrepresentative
or
joined
the
Union,
the
Employerwillrecognize
theUnion
es.suchrepresentative
of
such
Employees.
The
Employer
will
not
fileapetitionwith
the
NationalLabor
Relations
Board
for
any
election
in
connection
with
any
demands
forrecognition
provided
for
in
this,
Agreement.10.
During
the
term
of
this
Agreement,
the
Union
willnot
engage
in
picketing
or
othereconomicactivityat
the
country
club,
and
the
Employer
will
notengage
in
a
lockout
of
the
Employees.This
section
willexpire
with
respect
to
any
group
of
Employees
upon
recognition
of
theUnionasthe
representative
of
such
Employeespursuant
to
paragraph
9.
Notwithstandingthe
terminationprovision
above,
if
the
Employerrecognizes
any
unionbesidesUnionas
the
exclusivecollectivebargainingrepresentative
of
Employees
in
the
unit,
or
any
part
thereof,
traditionally
represented
by
the
Union,
this
section
shall
terminateimmediatelyand
without
notice.11.
In
the
event
that
the
Employer
sells,transfers,assigns.or
subcontracts
all
or
any
part
of
itsoperation
or
substantially
all
of
the
assetsused
in
the
operation
of
the
country
club,
the
Employer
shall
give
the
Unionreasonableadvance
notice
thereof
in
writing,and
the
Employerfurther
agrees
that
asacondition
to
any
suchsale,assignment,transfer,
or
subcontract,the
Employer
will
obtain
2
of 00

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