COLLECTIVE BARGAINING AGREEMENT

BETWEEN

THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
(Faculty House)

AND

HOTEL EMPLOYEES & RESTAURANT
EMPLOYEES INTERNATIONAL UNION
LOCAL 100 - AFL-CIO

October 1, 2001 - March 31, 2006

TABLE OF CONTENTS

AGREEMENT made this 1st day of October 2001, by and between the TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK (hereinafter called the "Employer") and HOTEL EMPLOYEES AND RETAURANT EMPLOYEES UNION, LOCAL 100, AFL-CIO, and having its principal place of Business at 321 West 44^th Street, 5^th Floor, New York, New York 10036 (hereinafter called the "Union").

WHEREAS the parties desire, by collective bargaining, to establish and maintain harmonious labor relations.

The Employer recognizes the Union as the sole collective bargaining representative of all Employees employed by the Employer at its Faculty House location, working in job classifications covered by this Agreement, as set forth in Schedule A which is attached hereto and made a part hereof, excluding supervisory employees and University students who are part-time employees.

1. It shall be condition of employment that all Employees of the Employer covered by the Agreement who are members of the Union in good standing on the effective date of this Agreement, shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall, on or after the thirtieth (30th) day following the effective date of this Agreement become and remain members in good standing of the Union. It shall also be a condition of employment that all Employees covered by this Agreement and hired on or after its effective date shall, on or after the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing of the Union.

2. Employees engaged from a source other than the Union shall make application for membership in the Union. The Union agrees to make such membership available on the same terms and conditions generally applicable to other members.

3. The Employer, for those bargaining unit employees who authorize it, shall deduct from the wages of such bargaining unit employees the regular Union initiation fees and membership dues (including assessments that have been approved by the Executive Board and voted on by the membership in accordance with the By-Laws of the Union) and remit the same to the duly authorized representatives of the Union no later than the last day of each month for which such deductions are to be made. Said Union initiation fees, dues and assessments shall be deducted from the amounts due employees; provided that such employees shall have earned an amount sufficient to cover such initiation fees, dues and assessments, or pay an amount in lieu of dues and initiation fees which represents the Union’s cost germane to representing employees.

4. The Employer shall receive seventy-two (72) hours written notice to discharge any employee for non-payment of Union dues or initiation fees. Upon the affected Employee’s failure to make such payment within said seventy-two (72) hours, the Employer agrees immediately to discharge said Employee.

5. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any Employee arising from deductions made by the Employer hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

ARTICLE 3: UNION ACTIVITY

1. The Union shall designate and the Employer shall recognize a Shop Steward(s) in the place of business of the Employer, selected from among the Employees. The Shop Steward(s) shall take up with the Employer any grievances or violations of this Agreement, subject to the Union’s approval, pursuant to the procedure set forth under Article 7 of this Agreement.

2. Official representatives of the Union shall be admitted to the Employer’s premises at all reasonable times as may be deemed necessary to observe the working conditions existing in the operation of the Employer in connection with the performance of this contract, provided said inspection does not interfere with the operation of the facilities, and/or the Employer or with any of the work of the Employees who may be assigned to duty at the time. Said representatives shall first make their presence known to the manager or supervisor upon entering the establishment.

3. The Employer agrees to maintain a bulletin board on which official Union notices to the Employees may be posted.

4. The Employer does further agree that Employees covered by this Agreement shall be permitted to wear Union buttons while performing their regular assigned duties.

1. The Employer agrees that in the event a vacancy occurs in the establishment he/she shall first notify the Union or such agency as the Union may designate of such job opening and give the Union at least forty-eight (48) hours time to fill such vacancy. The Union agrees that in supplying employees for such vacancy, it will take into account only the applicant’s ability, experience, length of service in the industry, but shall not discriminate against any job applicant because of race, religion, age, sex or membership or non-membership in the Union. In the event that the Union, or such agency as the Union may hereafter designate, cannot furnish the employees requested by the Employer within forty-eight (48) hours after the receipt of such request, the Employer may engage such employees from any other source.

2. The Employer, at all times retains the right to reject any job applicant referred by the Union.

3. In the event that an Employee is unable to report to work on a given day, he/she shall notify his/her supervisor at least one (1) hour before the start of his/her regularly scheduled work day, unless a satisfactory excuse is given for the Employee’s inability to call. Replacement Employees shall be hired as set forth above, except in emergency situations, for a period no longer than the Employee being replaced is absent. Employee replacements shall be paid for work performed at the same rate as the regular Employee.

The probationary period for newly hired employees is one (1) month. The Employer may extend the probationary period for an additional 30 days, which will not be unreasonably denied. After an Employee has completed the probationary, he/she shall be considered acceptable, and he/she shall not be dismissed except for just cause. All other terms of this Agreement shall be applicable to such Employees from the date of employment.

1. The Employer will notify the Union in writing of any discharge or suspension within forty-eight (48) hours from the time of discharge or suspension. If the Union desires to contest the discharge or suspension, it shall give written notice thereof to the Employer within five (5) working days, but no later than ten (10) working days from the date of receipt of notice of discharge or suspension. Otherwise, such claims shall be deemed to have been waived. Where requested, the dispute shall be submitted and determined under Grievance and Arbitration Procedure set forth under Article 7 of this Agreement, however, commencing at Step 3 of the grievance procedure.

2. Material relating to suspensions shall be removed from the employee’s University Personnel record after two (2) years if no other similar disciplinary action(s) has occurred during this period. Material relating to oral or written warnings will be removed after one (1) year if no other similar disciplinary action(s) has occurred during this period and the employee has shown that he/she has been rehabilitated subsequent to the discipline.

ARTICLE 7: GRIEVANCE AND ARBITRATION

In the event any dispute or controversy should arise between the Employer and the Union as to the application or interpretation of this Agreement, such dispute or controversy shall be processed and disposed of in the following manner:

Step 2.

Step 3.

1. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this step, in writing, to the Director of Employee and Labor Relations or his/her representative. The written grievance shall state with reasonable clarity the nature of the grievance, the act or acts complained of and when they occurred, the identity of the Employee or Employees who claimed to have been violated (except in the case of discipline or discharge), and the remedy which is sought. The Director of Employee and Labor Relations or his/her representative shall render a decision in writing within five (5) working days after the presentation of the grievance in this step.

2. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step.

3. Any disposition of grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.

4. The above mentioned time periods shall apply equally to the Union and the Employer.

5. Mutually satisfactory arrangements may be made to handle grievances during working hours provided that said meetings shall not interfere with the Employer’s required operations and/or with the work of the Shop Steward and/or Employees assigned to duty at the time.

6. In the event any dispute or controversy as to the application and interpretation of this Agreement is not resolved in Steps 1, 2 or 3 of the grievance procedure outlined above, such dispute or controversy may, within thirty (30) days after completion of step 3 of the grievance procedure, be referred to an arbitrator selected in accordance with the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association. The decision of the arbitrator shall be final and binding upon the parties hereto.

7. The arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this agreement.

8. The cost of such arbitration proceedings shall be borne equally by both parties to this Agreement. Each party shall, however, bear its own legal expenses and those of the witnesses to the proceedings.

1. 1. Employees covered by this Agreement shall receive wages in accordance with the schedule set forth herein and marked Schedule "A".

   2. The October 1, 1997, wage rate will be the new hire entry rates for all employees hired after December 31, 1998.
      1. New hires, effective January 1, 1999, will reach the full job rate for their position after three years of employment.

      2. When fully implemented (in the third year), employees will receive scheduled general wage increases, and step increases on their anniversary date, during the three year progression.

      3. The increases will be implemented in accordance with the example in Schedule A, Exhibit 1.

2. 1. Effective July 1, 2002 and July 1, 2003, all regular full-time and part- time employees will receive a lump sum payment of $475.00.

   2. Effective July 1, 2004 and July 1, 2005, all regular full-time and part-time employees will receive a lump sum payment of $500.00.

3. The employer shall pay wages following the end of each week. An itemized statement of all legal deductions shall be given to each Employee on each pay day. The pay day, once established, shall not be changed except with Union consent.

4. The basic work week for dining room Employees (Host/ess, Waiter/ess, Bartenders) shall consist of forty (40) hours per week on five (5) days. A day’s work shall consist of eight (8) hours work within nine (9) hours, two half-hour periods for meals and/or rest included. This does not apply to part-time Employees.

5. The basic work for kitchen Employees (including Sous Chef, Garde Manager, Roundsperson, Porter) shall consist of thirty-five (35) hours per week on five (5) days. A day’s work shall consist of seven (7) hours work within eight (8) hours, two half-hour periods for meals and/or rest included. This does not apply to part-time employees.

6. 1. All hours worked in excess of eight (8) hours per day or forty (40) hours per week in categories where the regular work week under this Agreement is forty (40) hours per week and for all hours worked in excess of seven (7) hours per day or thirty-five (35) hours per week in categories where the regular work week under this Agreement is thirty-five (35) hours per week shall be paid at the rate of time and one half (1-1/2) the Employee’s regular wage. There shall be no pyramiding of overtime.

   2. Full-time Employees shall be paid time and one-half for all hours worked on a Saturday and/or Sunday provided the other five regularly scheduled work days of the work week are either worked or a holiday occurs on any such other days and the other days of such work week are regularly worked.

7. Overtime, if any, will be assigned to Employees by seniority within the same classification covered by this Agreement. In cases of selection of Employees for overtime assignments, or for staffing of parties, it is agreed that if no Employee in a classification is available, the Employer may assign an Employee in another classification to the job, by seniority, provided that the Employee has the skill and ability to do the job.

8. The employer shall determine when overtime work shall be performed.

9. All regularly scheduled employees shall be guaranteed a full week’s work in each week from September 1st through Commencement Day, excluding intercession.

10. Part-time work shall consist of any assignment of less than eight (8) hours per day where regular work week under this Agreement is forty (40) hours per week and less than seven (7) hours per day where the regular work week under this Agreement is thirty-five (35) hours per week. Such part-time employees will be paid the regular rate for the job on a pro-rata basis.

11. The Employer will give the Union prior notice when a diminution of business following Commencement Day necessitates a reduction in operating hours. Employees working less than a full thirty-five (35) hour or forty (40) hour work week as defined above as a result thereof shall be paid on a pro-rata basis. Necessary reductions in working hours shall be made in accordance with seniority in classification. Affected Employees may choose either to accept the reduced work week or to accept layoff status. In the event that Employees choose lay-off status, the Employer shall have the right to hire temporary part-time replacements.

12. The Union shall have the right to take up with the Employer any increase or decrease of size of stations, or change of stations and, in the event of failure to agree, the Union shall have the right to treat the matter as a grievance and refer the matter for arbitration pursuant to Article 7 hereof.

13. All Employees shall report to work on the premises of the above named Employer at the designated time and perform their work and tour of duties in accordance with the Employer’s needs, operating procedures and schedule of operations. Any Employee failing to give reasonable notice to the Employer when unable to report for work as set forth in Article 4, item 3 above, due to illness or any other circumstances, will be subject to disciplinary action by the Employer.

14. Effective June 1, 2003, Kitchen staff (as defined in Article 8, Section 5) who are called in to work during the summer layoff will be guaranteed seven (7) hours base pay for each day they work. Per existing practice, the weekly summer layoff allowance will be reduced by one-fifth for each day worked in that week.

1. There shall be no discrimination by the employer against any Employee by reason of his/her membership in, or activities on behalf of the Union.

2. Neither the Employer nor the Union shall discriminate against or in favor of any Employee because of race, color, creed, national origin, political belief, sex, age, citizenship, marital status, sexual orientation, mental disability or physical handicap where such handicap does not impair ability to do work.

1. The following shall be holidays with pay to be paid for at the employee’s regular rate of pay:
   
   

   New Year’s Day	Monday before Election Day
   Martin Luther King Jr.’s Birthday*	Election Day
   Decoration Day	Thanksgiving Day
   July 4th	Friday after Thanksgiving
   Labor Day	Christmas Day

   *To be celebrated on the federal holiday.
   1. In addition to the above holidays, the Employer will grant two (2) additional days during the Christmas Season, which dates will be announced by December 1^st of each year.

   2. In addition to the above holidays, there shall be two (2) floating holidays.

2. If a holiday falls on an Employee’s regular day off or during an Employee’s vacation period, he/she shall receive an additional day’s pay.

3. Should it be necessary for an Employee to work on any of the above holidays, he/she shall receive his/her regular straight time pay in addition to holiday pay. Employees shall be notified one (1) week in advance as to whether it will be necessary for them to work on the holiday.

4. The foregoing shall apply equally to all regular Employees, except during layoff periods.

5. No holiday pay shall be paid to any Employee who is scheduled, and/or required to work the day before and/or day after any holiday and fails to report for and/or actually fails to perform his/her assigned work.

1. Employees shall be entitled to vacation benefits with pay according to the following schedule:

   Continuous Service as of August 31	Vacation Entitlement
   6 months	1 week
   1 year	2 weeks
   5 years	3 weeks
   10 years	4 weeks
   15 years	22 days
   20 years	5 weeks

2. Vacations shall be scheduled in keeping with the operational needs of the Faculty House.

3. Any Employee who shall have completed six (6) months of employment and who shall be discharged, laid off or shall have terminated his/her employment for any reason whatsoever, prior to his/her vacation period, shall be entitled to vacation pay on a pro-rata basis.

4. Employees shall be required to give the Employer and the Union, in the event they are leaving the employer’s employment, one week’s notice thereof. Verbal notice shall be considered sufficient. In the event no notice is given by the Employee, he/she shall not be entitled to his/her vacation pay and other benefits as set forth above.

1. The Employer agrees to continue its present sick leave policy during the term of this Agreement which is as follows:
   1. One day for each month worked up to one (1) year.

   2. After one year, full pay for two (2) scheduled weeks.

2. Each employee may accumulate unused sick leave to a maximum of fifty (50) days.

3. Employees shall be entitled to sick leave pay only when they are necessarily confined to their homes or to a hospital because of illness. The employer may require proof of illness hereunder for absences of three or more days or where a pattern of abuse appears to exist.

1. Military Leave:
   
   If any Employee covered by this Agreement shall at any time while this Agreement is in effect, be drafted into or enlist in any branch of the military, naval or air forces of the United States, such Employee shall be considered as being on an indefinite leave of absence from his/her employment and shall, upon his/her return from such services, be immediately reinstated in accordance with appropriate law.

2. Funeral Leave:
   
   There shall be three (3) day funeral leave with pay for Employees upon the death of a member of the immediate family. Immediate family shall include spouse, child, parent, parent-in-law, brother, sister, grandparents and grandchildren. The Employer reserves the right to request proof as appropriate.
   
   Employees may use up to five (5) additional accrued vacation or personal leave days if necessary for travel to the funeral of a covered family member outside of the New York City metropolitan area. Approval for use of such vacation or personal leave will not be unreasonably withheld.

3. Jury Duty:
   
   Any Employee who serves on a jury shall be reimbursed by the Employer during such jury service for the difference between monies received by the Employee or a juror and his/her wages. If released from jury duty during scheduled work hours, the Employee shall return to work. The receipt of a subpoena or the notice to report for jury duty must be reported immediately to the Employee’s supervisor.

4. Personal Leave:
   
   Employees have a right to two (2) months unpaid leave of absence on the basis of seniority, rotation, in proportion to crew size and in the amount the Faculty House can allow. Employees shall also be entitled to other reasonable leaves of absence for just cause.

5. The University shall comply with the Family and Medical Leave Act of 1993.

1. Classification seniority shall be defined as the length of time an employee has worked in a specific job classification within the Faculty House.

2. Promotions
   
   Whenever a promotional opportunity occurs, the job opening shall be posted for five (5) working days. Preference for such openings shall be given to the Employee in the next lower classification with the longest classification seniority within the Faculty House taking into account the Employee’s work record, experience and skill and ability, as determined by the Employer, to perform the required duties. If the Employer determines that the Employee in the next lower classification does not have the skill and ability, work record or experience to perform the required duties, preference shall then be given to the next employee, who bids for the position, within the Faculty House in the next lower classification with the longest classification seniority, again provided that the Employer determines that the Employee has the skill and ability, work record and experience to perform the required duties, and so on.
   
   If the opening is not filled from within the Faculty House, then the vacancy shall be filled in accordance with the provisions of Article 4.

3. Layoff
   
   In the event the Employer desires to lay off an Employee, such lay off shall be with one (1) week prior written notice to the Employee, with a copy to the Union. If such notice is not given, the Employee will be paid for time lost. Layoffs and rehiring shall be in accordance with seniority in job classifications.
   1. Employees so laid off shall be rehired as the need arises according to their classification seniority.

   2. Classification seniority rights in the filing of vacancies shall prevail, including part-time Employees. In the event a full-time job becomes available such vacancy shall be filled by a part-time Employee in the establishment in order of seniority, provided such Employee is deemed qualified to do work.

   3. Any Employee permanently laid off from his/her employment shall be entitled to one (1) week’s severance pay for each year worked up to a maximum of fifteen (15) weeks pay in addition to other monies due.

   4. When an employee is temporarily laid off, is given a definite date of return to work and is denied Unemployment Compensation Benefits solely because of the Amendment effective July 20, 1983 to Section 590.11 of the Labor Law, the University will pay such employee the sum of $125.00 per week beginning with the second week of employment, and during such period of temporary unemployment, said sum to be reduced by an amount earned as a result of any type of employment during the layoff period. Under no circumstances will the above payment be made after the return date given to employee at the time of layoff, or during a period for which Unemployment Compensation Benefits are paid. Retroactive adjustment will be made to all current employees for the summer of 2002.
      
      Part time Employees on temporary layoff shall receive payments on a pro rata basis.
      
      In the event that the layoff allowance for employees in Dining Services is increased during the term of this agreement, employees represented by Local 100 will receive the same increase.

4. Effective January 1, 1999, the title of Utility Person will be eliminated for new hires. For employees hired after January 1, 1999, the position of Porter will be established, with an hourly rate of pay equal to $11.00. Utility Persons and Porters will perform the functions outlined in the job description. Utility Persons employed as of the date of this agreement will be reclassified as Porters, red-circled at their current rate, and will receive negotiated wage increases; and maintain their current seniority position.

ARTICLE 15: WORKING CONDITIONS

1. Employees’ linens, uniforms or other articles of wearing apparel required by the Employer shall be furnished, maintained and laundered at the Employer’s expense.
   
   Employees who work in the dining room will be provided with regularly laundered aprons at the Employer’s expense. Kitchen Employees’ linens, uniforms or other articles of wearing apparel required by the Employer shall be furnished, maintained and laundered at the Employer’s expense. Employee name and title will be included on uniforms for the Sous Chef and Garde Manger.

2. All full-time Employees shall receive, without charge, two (2) warm meals per day. Part-time workers shall receive without charge, one (1) warm meal per day. Each meal period shall be one half (1/2) hour duration. The Employees shall be permitted to eat all ready dishes.

3. The Employer agrees to provide sanitary and safe lockers which are not accessible to the public and to insure safeguarding of possessions of Employees on the premises. The Employer shall also provide sanitary and adequate dressing rooms and space where Employees may eat their meals.

4. The Employer shall not deduct any money from the wages or collect any money from any Employee for busboy’s breakage or any other purpose except as required by law.

5. Employees shall make reasonable effort to process credit card charges accurately, where such practices now prevails, but in no event shall they assume responsibility for the validity of the card or the failure of the Employer to be reimbursed for the amount of said charges for any reasons.

The Employer agrees to make contributions toward welfare, insurance and medical benefits for the Employees covered by this Agreement as provided for in Schedule 1 annexed hereto, the terms and provisions of Schedule 1 being specifically incorporated herein by reference.

The Employer agrees to make contributions toward pensions benefits for the Employees covered by this Agreement as provided for Schedule 2 annexed hereto, the terms and provisions of Schedule 2 being specifically incorporated herein by reference.

1. For purposes of Health and Welfare contributions, Part Time Employees are those employees who have a regularly assigned schedule of at least twenty (20) hours a week and who are expected, at the time of hire, to serve continuously for more than four (4) months. For purposes of Health and Welfare contributions, Regular Full Time Employees are those employees who have a regularly assigned schedule of forty (40) hours per week for dining room employees and thirty five (35) hours per week for kitchen employees and who are expected, at the time of hire, to serve continuously for more than four (4) months. Nothing herein shall be construed to change the provisions of Article 5.

2. Fund contributions shall not be due for, any person hired in any capacity through an agency, party staff; persons hired to cover for vacations, illnesses, or leaves of absence for up to four (4) months; or for part time or casual employees who average less than twenty (20) hours per week during the academic year.

3. Temporary employees are those employees hired for a period of up to four (4) months and who are so informed at time of hire. If a Temporary Employee becomes a Regular Full Time or Regular Part Time Employee, the period of time as a Temporary Employee shall be in lieu of a probationary period, provided that the job classification remains unchanged and he/she held it for four (4) or more months as a temporary employee. Upon becoming a Regular Full Time or Regular Part Time Employee, bargaining unit seniority shall be retroactive to the last date of continuous employment. In such cases, the immediate previous period of Temporary employment shall be credited for calculation of benefits under this Agreement, it being understood, however, that such period shall not result in any retroactive coverage or in any retroactive contribution to any benefit plan. Nothing herein shall be construed to change the provisions of Article 5.

The University shall provide tuition exemption as follows:

1. Full-time Employees:

   Less than one (1) year of employment	6 credits per semester (maximum of two (2) courses)
   More than one (1) year of employment	7 credits per semester (maximum two (2) courses)

   In case of the summer semester, the Employer will retain the right to refuse to offer courses under this tuition exemption plan where such courses are deemed inappropriate or inefficient by the Employer. Tuition exemption is not available during periods of leave and/or layoff.

2. Part-time Employees working 20 hours or more per week:

   Less than one (1) year of employment	3 credits per semester (maximum of one (1) courses)
   More than one (1) year of employment	4 credits per semester (maximum of one (1) course)

3. Tuition Exemption Limits:
   
   The spouse and children of any full-time bargaining unit employees shall be entitled to utilize any unused portion of credit to which the member is entitled under Section 1 above, except that there shall be no accrual of any unused portion of credit.

4. Eligible Courses:
   
   The spouse and children of a bargaining unit employee shall be entitled to apply the member’s unused portion of credit to any course, graduate or undergraduate, subject to the following modifications:
   1. That the course is given by a department or school of the Columbia Corporation. Courses given by Teacher College or Barnard will not be tuition exempt for children or spouses.

   2. That, in the case of children, they must be enrolled as candidates for a Bachelor, Professional or higher degree. In cases where the son or daughter is registered as a degree candidate outside the University system but is able to obtain admission as a non-matriculated special student at Columbia, tuition exemption shall be granted.

   3. That enrollment in summer courses is subject to the existing language in Section 1 above.

5. Age Limits:
   
   There shall be no limitation on the utilization of tuition exemption, as outlined in this Agreement because of the age of a member’s spouse or children.

6. Eligibility:
   
   The spouse and children of eligible full-time bargaining unit employees shall be entitled to utilization of any employee’s unused portion of credit as outlined in this Agreement. For all new hires, the employee’s spouse shall be immediately eligible for full utilization as outlined in this Agreement, but the employee’s children shall not be eligible until the employee has bargaining unit seniority for a minimum of four (4) years at Columbia University.

The Employer retains the right to plan, determine, direct and control the nature and extent of all its operations, and to install or introduce any new or improved production methods or facilities and to maintain efficient operations. The Employer retains its inherent right to direct and control its working force personnel, to determine the number of various jobs, assignments required, and to designate the type of position, assignment and reassignments which it deems any Employee is qualified to fill.

All present practices and privileges enjoyed by the Employees which are better than those herein provided for shall be continued.

During the term of this Agreement there shall be no strikes, slowdowns, picketing, boycotts or any other Union activity directed against the business interests or operations of the Employer. The Employer agrees that during the term of this Agreement there shall be no lock-outs. The Union agrees to cooperate with the Employer in every way possible to seek prompt discontinuance of any indicated or actual violation of this provision.

ARTICLE 23: SEPARABILITY

If any clause, sentence, paragraph or part of this Agreement, or the application thereof to any person or circumstance shall, for any reason, be held or adjusted by an administrative agency or a court of competent jurisdiction to be invalid, such holding or judgment shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation of the clause, sentence, paragraph or part thereof directly involved in the controversy in which such holding or judgment shall have been rendered.

1. In the event of the sale of the business, it shall be incumbent upon the Employer to notify the Union of the impending sale and to notify the prospective purchaser of the existence of the Agreement, and to attempt to obtain from said prospective purchaser a written undertaking by the latter, assuming the terms and conditions of the Agreement and the payment of accrued holidays, vacations, wages, insurance, pensions and all other benefits accrued and accruable under the provisions of this Agreement, including the seniority of each Employee from his/her date of hire.

2. In the event the closing of the Faculty House, the Employer shall make efforts to refer Employees of the Faculty House to other departments for jobs in Columbia University, if the Employee so desires and where the Employee is qualified to perform the work.

1. This Agreement shall remain in effect from October 1, 2001 to March 31, 2006 inclusive, and thereafter from year to year, unless either party, sixty (60) days prior to the anniversary date, signifies in writing its desire to change or modify this Agreement.

2. This Agreement shall not be changed, altered, modified or amended, unless in writing, signed by the authorized representatives of the parties. The Employer shall not enter into any individual contract with any member of the Union.

IN WITNESS WHEREOF the Union and the University have executed this Agreement this 12^th day of November and 4^th day of December, 2002.

1. 1. Basic Hourly Rate For Full -Time & Part -Time Regular Employees in the Following Job Titles:
      
      Employees hired prior to January 1, 1999

      	10/1/2001	10/1/2002	10/1/2003	10/1/2004
      Host/ess	$ 12.93	$ 13.31
      Waiter/ess	$ 12.71	$ 13.09
      Bartender	$ 14.07	$ 14.49
      Dining Room Staff			$ 14.93	$ 15.37

      Employees hired on or after January 1, 1999

      10/1/01	Entry	Second Year	Third Year	After 3 Years
      Host/ess	$ 12.15	$ 12.41	$ 12.67	$ 12.93
      Waiter/ess	$ 11.95	$ 12.20	$ 12.46	$ 12.71
      Bartender	$ 13.23	$ 13.51	$ 13.79	$ 14.07

      10/1/02	Entry	Second Year	Third Year	After 3 Years
      Host/ess	$ 12.52	$ 12.78	$ 13.05	$ 13.31
      Waiter/ess	$ 12.31	$ 12.57	$ 12.83	$ 13.09
      Bartender	$ 13.62	$ 13.91	$ 14.20	$ 14.49

      10/1/03	Entry	Second Year	Third Year	After 3 Years
      Dining Room Staff	$ 14.03	$ 14.33	$ 14.63	$ 14.93

      10/1/04	Entry	Second Year	Third Year	After 3 Years
      Dining Room Staff	$ 14.45	$ 14.76	$ 15.07	$ 15.37

      Note:
      
      For employees hired on or after January 1, 1999, in addition to the anniversary increases set forth above, Employees will receive 3% on their then – current rate each October 1^st during the term of the agreement (See Schedule A, Exhibit 1, for example of implementation period).

      Effective December 1, 2002, the base rate of pay for the Host/ess shall be increased to the Bartender rate.

      Effective October 1, 2003, the base rate of pay for the Waiter/Waitress shall be increased to the Bartender rate. All dining room employees will be covered by a single job description as of that date.

   2. Regular Employees Will Receive The Following Party Rates:

      EFFECTIVE	12/01/02
      Waiter/ess	20.00/hr
      Bartender	20.00/hr

      Bartenders shall serve seventy-five (75) guests when working a full service bar. If more guests are served, they shall be paid on a pro-rata basis.
      On pre-arranged luncheons and dinners, waiters and waitresses shall serve twenty (20) covers or less. Over covers shall be paid on a pro-rata basis.

      Buffet: There shall be one (1) waiter/waitress for each forty (40) persons.

      Receptions shall be one (1) waiter/waitress per seventy-five (75) guests.

      Continental breakfast for fifteen (15) or more guests will be assigned to a waiter/waitress with a minimum of two (2) hours.

      Setup Times for Party Functions:

      Reception:	1 hour
      Buffet (1 Server):	1 3/4 hrs
      Buffet (Multi Servers):	1 1/4 hrs
      Sitdown Dinner:	1 hour
      Bar For Parties: *Special Parties (i.e. Weddings, Bar Mitzvah): Bar Waiter/ess	2 hours 2 hours

      *This includes parties that require more than the usual daily set-up

   3. Basic Hourly Rate For Full -Time and Part -Time Regular Employees in the Following Job Titles:

      Employees hired prior to January 1, 1999:

      	10/1/2001	10/1/2002	10/1/2003	10/1/2004
      Sous Chef	$ 16.50	$ 17.00	$ 17.51	$ 18.03
      Garde Manager	$ 16.50	$ 17.00	$ 17.51	$ 18.03
      Rounds Person	$ 14.87	$ 15.32	$ 15.78	$ 16.25
      Porter	$ 12.02	$ 12.38	$ 12.75	$ 13.13
      Utility Person	$ 13.57	$ 13.97	$ 14.39	$ 14.82

      Employees hired on or after January 1, 1999:

      October 1, 2001	Entry	Second Year	Third Year	After 3 Years
      Sous Chef	$ 15.51	$ 15.84	$ 16.17	$ 16.50
      Garde Manager	$ 15.51	$ 15.84	$ 16.17	$ 16.50
      Rounds Person	$ 13.98	$ 14.28	$ 14.58	$ 14.87
      Porter	$ 11.30	$ 11.54	$ 11.78	$ 12.02
      October 1, 2002	Entry	Second Year	Third Year	After 3 Years
      Sous Chef	$ 15.98	$ 16.32	$ 16.66	$ 17.00
      Garde Manager	$ 15.98	$ 16.32	$ 16.66	$ 17.00
      Rounds Person	$ 14.40	$ 14.71	$ 15.01	$ 15.32
      Porter	$ 11.64	$ 11.89	$ 12.13	$ 12.38
      October 1, 2003	Entry	Second Year	Third Year	After 3 Years
      Sous Chef	$ 16.46	$ 16.81	$ 17.16	$ 17.51
      Garde Manager	$ 16.46	$ 16.81	$ 17.16	$ 17.51
      Rounds Person	$ 14.83	$ 15.15	$ 15.46	$ 15.78
      Porter	$ 11.99	$ 12.24	$ 12.50	$ 12.75
      October 1, 2004	Entry	Second Year	Third Year	After 3 Years
      Sous Chef	$ 16.95	$ 17.31	$ 17.67	$ 18.03
      Garde Manager	$ 16.95	$ 17.31	$ 17.67	$ 18.03
      Rounds Person	$ 15.28	$ 15.60	$ 15.93	$ 16.25
      Porter	$ 12.35	$ 12.61	$ 12.87	$ 13.13

      Note:
      
      For employees hired on or after January 1, 1999, in addition to the anniversary increases set forth above, Employees will receive 3% on their then – current rate each October 1^st during the term of the agreement (See Schedule A, Exhibit 1, for example of implementation period).

       

SCHEDULE 1

The Employer agrees to contribute to the Hotel Employees and Restaurant Employees International Union Welfare Fund the sum of:

Through March 31, 2003	Not to exceed $99.00 per week
Effective April 1, 2003	Not to exceed $103.75 per week
Effective April 1, 2004	Not to exceed $108.25 per week
Effective April 1, 2005	Not to exceed $122.25 per week

Contributions will be made for each week of active employment and during periods of temporary layoff, as well as absences for which the employee is paid, for regular full/part time employees.

1. The Employer agrees to contribute for each Regular Full Time and Regular Part Time Employee covered by this Agreement the sum as listed above to the Hotel Employees and Restaurant Employees International Union (H.E.R.E.I.U) Welfare Fund for the purpose of providing health and welfare benefits under the H.E.R.E.I.U. Welfare Plan, or such new merged or consolidated plan as may be adopted by the Trustees. Said contributions shall be submitted monthly, together with a report of the employee data required by the Trust Fund, on the format prescribed by the Trust Fund, no later than the fifteenth (15^th) day of the month following the month for which contributions are to be made. No contribution shall be due and owing to the Trust Fund for any person who is not a Regular Full Time or Regular Part Time Employee.

2. The Employer and the Union agree to be bound by the Agreement and Declaration of Trust of the said H.E.R.E.I.U. Welfare Fund as may, from time to time, be amended, and they do hereby irrevocably designate as their respective representative on the Board of Trustees, such Trustees named in said Agreement and Declaration of Trust as Employer and Union Trustees, together with their successors selected as provided therein, and agree to abide and be bound by all procedures established and actions taken by the Trustees pursuant to said Trust Agreement. Any provision in this Agreement that is inconsistent with the Agreement and Declaration of Trust, or the Plan of Benefits, rules or procedures established by the Trustees, shall be null and void.

3. Any dispute with respect to whether a person is a ‘Regular Full Time’ or ‘Regular Part Time’ Employee for purposes of this Agreement will be resolved under Article 7. Any ERISA litigation by the Fund against the Employer shall be brought in the U.S. District Court for the Southern District of New York.

4. The Employer shall provide its Employees with the maximum benefits payable under the New York State Disability Benefits Law at its sole expense and without deduction from the wages of said Employees.

5. It is agreed that the Welfare program above set forth at all times will comply with all of the New York State and Federal statues.

6. The Employer shall, upon request, be furnished with copies of the regular registration and audit reports, booklets describing the plan of benefits, as well as any and all other reports as described in the Trust Indenture, and as required by the State of New York and Federal statutes.

7. In the event that any future legislation be enacted, there shall be no duplication or cumulation of coverage, and the parties shall negotiate such charges as may be required by law.

SCEHDULE 2

1. Effective September 30, 1998, the University will withdraw from the HERE Pension Fund.

2. Effective October 1, 1998, Regular Full Time and Regular Part Time Employees will be covered by the support staff pension plan. Employees who are not vested in the HERE Pension Plan will receive an initial contribution equal to the contributions which would have been made by the University had they been in the support staff pension plan as of their date of hire, in order to replace the unvested benefits which they will lose as a result of the withdrawal. The initial contribution will vest when the employee is vested in the support staff pension plan.

3. Employees will be credited with all University seniority in determining the level of employer contribution to which they are entitled and in order to determine vesting.

SCHEDULE 3

Side Letter

This Settlement Agreement and Limited Release dated the 21st day of October, 2002, by, between and among the Trustees of the Hotel Employees and Restaurant Employees International Union Welfare Fund ("Welfare Fund"), the Trustees of the Hotel Employees and Restaurant Employees International Union Pension Fund ("Pension Fund"), collectively referred to herein as "HERE Funds," and Hotel Employees & Restaurant Employees International Union, Local 100, AFL-CIO ("Union") and the Trustees of Columbia University in the City of New York ("Employer"):

WHEREAS, Union is the exclusive collective bargaining representative of individuals employed in the categories of Host/ess, Waiter/ess, Bartender, Sous Chef, Garde Manager, Rounds Person and Utility Person in Employer’s Faculty House; and

WHEREAS, Union and Employer have been parties to a series of collective bargaining agreements governing the terms and conditions of employment of such individuals, the most recent of which was effective from October 1, 1998 through September 30, 2001; and

WHEREAS, Employer’s obligation to contribute to the HERE Funds is limited to regular full time and regular part time employees by virtue of Schedule 1 and Schedule 2 of the collective bargaining agreement; and

WHEREAS, paragraph 3 of Schedule 1, and paragraph 3 of Schedule 2, were amended effective October 1, 1996 to provide as follows:

WHEREAS, auditors employed by the HERE Funds conducted an audit for the period from July 1, 1994 through December 31, 1998 ("Audit Period") and issued a report asserting that, among other things, Employer failed to make contributions to the HERE Funds for certain individuals employed in the Faculty House; and

WHEREAS, Employer maintained that no contributions were due and owing for such individuals because they were temporary or casual employees who were not regular full time or regular part time employees for whom contributions to the HERE Funds were due under the express provisions of Schedule 1 and Schedule 2; and

WHEREAS, the Union and Employer have been bargaining in good faith toward a successor collective bargaining agreement, but such negotiations have been frustrated by the on-going dispute as to the Employer’s obligation to contribute to the HERE Funds on behalf of individuals who, it contends, are not regular full time or regular part time employees; now therefore

IT IS HEREBY AGREED AS FOLLOWS:

1. The Welfare Fund and the Pension Fund, for themselves and all current and former participants, and any individual asserting that he or she is, or should have been, a participant or beneficiary based upon employment in any capacity in the Faculty House at any period of time from the beginning of the world through May 31, 2002, hereby release, discharge and covenant not to sue Employer on any and all claims, whether asserted or not in the audit.

2. The Union, for itself and all current and former members, and any individual asserting that he or she is, should have been deemed, a regular full time or regular part time employer for whom contributions were due from the Employer to the HERE Funds for any period of time from the beginning of the world through May 31, 2002, hereby releases, discharges and covenants not to sue Employer on any and all claims.

3. Effective April 1, 2002, the collective bargaining agreement between the Employer and the Union is amended by adding a new Article as follows:
   1. For purposes of Health and Welfare contributions, Part Time Employees are those employees who have a regularly assigned schedule of at least twenty (20) hours a week and who are expected, at the time of hire, to serve continuously for more than four (4) months. For purposes of Health and Welfare contributions, Regular Full Time Employees are those employees who have a regularly assigned schedule of forty (40) hours per week for dining room employees and thirty five (35) hours per week for kitchen employees and who are expected, at the time of hire, to serve continuously for more than four (4) months. Nothing herein shall be construed to change the provisions of Article 5.

   2. Fund contributions shall not be due for, any person hired in any capacity through an agency, party staff; persons hired to cover for vacations, illnesses, or leaves of absence for up to four (4) months; or for part time or casual employees who average less than twenty (20) hours per week during the academic year.

   3. Temporary employees are those employees hired for a period of up to four (4) months and who are so informed at time of hire. If a Temporary Employee becomes a Regular Full Time or Regular Part Time Employee, the period of time as a Temporary Employee shall be in lieu of a probationary period, provided that the job classification remains unchanged and he/she held it for four (4) or more months as a temporary employee. Upon becoming a Regular Full Time or Regular Part Time Employee, bargaining unit seniority shall be retroactive to the last date of continuous employment. In such cases, the immediate previous period of Temporary employment shall be credited for calculation of benefits under this Agreement, it being understood, however, that such period shall not result in any retroactive coverage or in any retroactive contribution to any benefit plan. Nothing herein shall be construed to change the provisions of Article 5.

   4. Schedule 1, Paragraph 1:
      The first sentence shall begin: "The Employer agrees to contribute for each Regular Full Time and Regular Part Time Employee covered by this Agreement the sum as listed above . . .". A new final sentence shall be added as follows: "No contribution shall be due and owing to the Trust Fund for any person who is not a Regular Full Time or Regular Part Time Employee."
      
      Schedule 1, Paragraph 3:
      The first sentence shall begin: "Any dispute with respect to whether a person is a ‘Regular Full Time’ or ‘Regular Part Time’ Employee . . .".
      
      Schedule 2, Paragraph 2:
      The first sentence shall begin: "Effective October 1, 1998, Regular Full Time and Regular Part Time Employees will be . . .".

4. Within fifteen (15) days of the final execution of this Settlement Agreement and Limited Release, Employer shall pay to the HERE Funds the total sum of TWENTY THOUSAND AND NO/100THS DOLLARS ($ 20,000.00) in complete settlement of any and all claims of the HERE Funds for the Audit Period, whether such claims were heretofore asserted or not. Upon receipt, the HERE Funds may allocate said payment as between the Welfare Fund and the Pension Fund as they deem appropriate.

5. The collective bargaining agreement of 10/1/98-9/30/01 remains in full force and effect until modified by the University and the Union through collective bargaining.

6. The contribution rate through 3/31/03 will be $99.00.

Hotel Employees and Restaurant Employees International Union Welfare Fund

By /s/ Ira Cure

Hotel Employees and Restaurant Employees International Union Pension Fund

By /s/ Ira Cure

Hotel Employees and Restaurant Employees International Union, Local 100, AFL-CIO

By /s/ Cliff Freid

Trustees of Columbia University in the City of New York

By /s/ David M. Cohen