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The Culinary Workers Union Local 226 and Bartenders Union Local 165 have
always stood up to protect workers’ tips!
· For over 40 years, we have
had contract language protecting workers’ tips—long before anyone else thought
about this.
· Tipping is complex, when
you take into account guaranteed gratuities for banquets and bells, large
parties in restaurants, credit card and room charge tips, etc. Our contract language has put the power over
these issues in the hands of the workers and allows for great flexibility and
the ability to make changes to meet new conditions. OUR CONTRACT TIP LANGUAGE WORKS!
· We’ve led the fight against
the IRS and their attempts to tax our tips unfairly.
· We secured landmark
increases in our contracts for increased gratuities.
· We’ve fought and won
grievances and court cases for back-pay of tips when rules were not being
followed. We did that even for dealers at the Sands. “IUGE” was missing
in action—and our union stepped in.
The IUGE claims they are going to protect everyone’s tips. But the truth is in the details! Since the Culinary and Bartenders represent
tens of thousands of tip earners, you’d think that the IUGE would have talked
to us before launching this. You’d think
wrong. Never a word from the IUGE! Instead, their initiative only represents dealers—forgetting
about the tens of thousands who work in other tipped classifications.
The IUGE didn’t understand what they were doing when they wrote the
initiative, so it is so badly written that it won’t work even for them. It will upset everyone else’s
tip arrangements and make for years of litigation over tips.
· The initiative says that
tips would be shared among “eligible” employees and says that these are “the actual and direct recipient of the tips or
gratuities”. What about guaranteed
gratuities, room charges, credit card charges, etc.? The initiative doesn’t say who would
decide what employees are “eligible”—except a court. So that means having to get lawyers every
time there is a question about who gets tips (so the lawyers will get them
instead of the workers!).
· This wannabe law says that
the “eligible” employees would decide how to split tips. It doesn’t say how they will decide. Unanimous? Majority vote? Two-thirds
majority? Show of hands? Secret ballot?
It doesn’t say who will conduct the decision - the employer, the Labor
Commissioner, some self-appointed tip czar?
If there is disagreement about what has been decided, once again it is
the courts and the lawyers who will decide and make money!
· Worst of all, it subjects
Culinary and Bartenders members to all of this hassle, uncertainty and cost!
There is no exemption for workers covered by collective bargaining
agreements! The IUGE might have thought
that’s what they were doing and they promise it in their description, but the
only exemption for union contracts is one that allows the employer to divide up tips. Of course, Culinary and Bartenders agreements
don’t do that—they give the workers and their unions the power to decide these
things, not the employer. So this law
would disrupt the way we having been dealing with tips for all this time. The unions would be forced to fight the law
in order to save what we have!
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