Our Code of Ethical Practices and Conflict of Interest Policy
In June 2009, SEIU's International Executive Board adopted a wide range of ethics policies and practices, including an SEIU Code of Ethical Practices and Conflict of Interest Policy, to strengthen its commitment to the highest ethical standards. In January 2016, the Board approved and adopted revisions to the Code. The Revised Code appears at the link below.
Each SEIU affiliate is required to appoint an Ethics Liaison to serve as a resource for questions and concerns about ethics and the Code. Ethics inquiries can also be directed to Jonathan Cohen, the SEIU Ethics Ombudsperson, at Ethics@SEIU.org or at (202) 730-7184.
Rules for our Ethics Review Board
Ethics FAQ: Family and Personal Relationships
The SEIU Code of Ethics and Conflict of Interest Policy (“Ethics Code”) does not prohibit the employment of qualified relatives of officers, executive board members, or employees, or of individuals with whom an officer, executive board member, or employee has a personal relationship.
However, such relationships can lead to problems, including favoritism or the appearance of favoritism. To help manage the potential problems associated with such relationships, a covered individual (i.e., an officer, executive board member, or employee of SEIU or an affiliate) must disclose the existence of such a relationship to their affiliate’s ethics liaison, or to the SEIU Ethics Ombudsperson, as soon as they become aware of the relationship. They must disclose the relationship regardless of whether they are in a supervisory relationship with the other person. The ethics liaison or SEIU Ethics Ombudsperson will assist them with managing the potential conflict of interest.
Section 12(a) of the Ethics Code defines “relative” as a “parent, spouse, spousal equivalent, child, grandparent, grandchild, sibling, aunt, uncle, niece, nephew, first or second cousin, corresponding in-law, ‘step’ relation, foster parent, foster child, any member of the employee’s household. Domestic partner relatives are covered to the same extent as spousal relatives.”
Section 12(b) of the Ethics Code defines “personal relationship” as “an ongoing romantic or intimate personal relationship that can include, but is not limited to, dating, living together or being a partner or significant other. This definition applies regardless of gender, gender identification, or sexual orientation of the individuals in the relationship. This restriction does not extend to friends, acquaintances or former colleagues who are not otherwise encompassed in the scope of ‘personal relationships.’ ”
No. Covered individuals cannot make hiring decisions, or attempt to influence hiring decisions, regarding their relatives or persons with whom they have a personal relationship.
A covered individual may transmit an application on behalf of their relative, or someone they have a personal relationship with, to the appropriate hiring authority. However, the covered individual should refrain from providing any further input into the application and hiring process.
No. If you are a covered individual, you may not directly supervise a relative or someone with whom you have a personal relationship.
In the absence of a direct reporting or supervisor-to-subordinate relationship, a covered individual may work in the same department as their relative or someone they have a personal relationship with, as long as there are no particular operational difficulties. For example, if you work in a small department and must regularly work alongside someone you have a personal relationship with, it might pose an operational difficulty for your coworkers depending on the circumstances.
A covered individual cannot make or attempt to influence or participate in any way in a decision concerning the relations of SEIU or an affiliate with a vendor, firm, or other entity or individual in which the covered individual or their relative, spouse, or business partner has a substantial ownership or financial interest. (You should refer to Section 5(a) and 5(b) of the Ethics Code for the specific definitions of “substantial ownership or financial interest.”)
To avoid a conflict of interest, a covered individual should disclose to an ethics liaison or the SEIU Ethics Ombudsperson if their relative is submitting a bid to do business with SEIU or an affiliate, and must refrain from influencing or participating in any way in the decision making process regarding the vendor, firm, or other entity.
Ethics FAQ: Receipt of Payments and Gifts from Members
Section 6(b) of the SEIU Code of Ethics and Conflict of Interest Policy (“Ethics Code”) prohibits covered individuals–officers, executive board members, and staff of SEIU and its affiliates–from knowingly accepting personal payments or gifts of more than minimal financial value from any member, absent a personal relationship independent of the relationship between the union and the member. SEIU’s Ethics Office interprets “minimal financial value” as $25.00 or less.
Thus, if you are a covered individual, you may not accept a payment or gift worth more than $25.00 from a member, unless you have an independent personal relationship with the member.
If your relationship with a member stems exclusively from your position in the union, you most likely do not have a “personal relationship independent of the relationship between the union and the member.”
For example, if you met a member in connection with your regular duties as a union staff person or officer, you only socialize with the member at union or union-related events, and you have no personal relationship with the member aside from union matters, you likely do not have a “personal relationship independent of the relationship between the union and the member.”
On the other hand, if you met a member outside of your duties as a staff person or officer, you socialize with the member outside of union or union-related events, and have a personal relationship with the member that involves matters aside from union business, you likely do have a “personal relationship independent of the relationship between the union and the member.” This could include a relative, someone you knew before you or they were involved with SEIU, or someone you met independent of both of your relationships with SEIU.
If you are not reasonably certain that the gift you received from a member is worth more than minimal financial value, you should either ask the member for more information about the value of the gift, or decline the gift.
Although asking a member about the value of the gift may seem awkward or impolite, it is an opportunity to highlight our Ethics Code. For example, you can explain that our Ethics Code includes a prohibition on receiving payments and gifts of more than minimal financial value from members and serves the important goal of avoiding the appearance of a conflict of interest.
You should politely decline the payment or gift and explain that the union’s Ethics Code prevents you from accepting any payments or gifts of more than minimal financial value from members.
Again, this is an opportunity to highlight our Ethics Code and to explain that the prohibition on receiving payments or gifts of more than minimal financial value from members serves the important goal of avoiding the appearance of a conflict of interest.
If a payment or gift from a group of members is of more than minimal financial value, you cannot accept it. Even if you can show that each individual member who contributed to the payment or gift contributed less than $25.00, you should still decline the payment or gift.
It would be considered compliance with the Ethics Code to discard the perishable item or to place it in a common area for members and/or office staff to enjoy. If the gift is discarded or enjoyed communally, you should notify the member to dispel the appearance of any conflict of interest and to discourage recurrence.
No. The general prohibition on receiving a payment or gift of more than minimal financial value from a member applies regardless of the purpose of the payment or gift.
For example, the general prohibition would apply even if a group of members contributed to a fund to help an officer or staff person defray unexpected personal expenses due to a catastrophic event or illness. The general prohibition would likewise apply to a payment or gift from members in celebration of a unique life event such as a marriage or birth of a child.
The Ethics Code does not bar SEIU or an affiliate from giving a gift of more than minimal financial value to an officer or staff person, even if the gift is paid for with member dues. In this circumstance, there is no risk that the gift would create the appearance of a conflict of interest involving a member or group of members.
Even so, you should be aware that some affiliates may have policies that address gifts to officers and/or staff that prohibit or set appropriate limits on such gifts.
Ethics FAQ: Serving on the Board of an Outside Organization
Yes. As a general matter, the SEIU Code of Ethics and Conflict of Interest Policy (“Ethics Code”) does not prohibit an employee of SEIU or an affiliate from also being a member of a board of an outside organization.
However, if the outside activity poses an actual or potential conflict of interest with the employee’s duty to SEIU members, the employee must report the conflict of interest as soon as possible. For example, serving on the board of an outside organization that collectively bargains with an SEIU affiliate poses a potential conflict of interest, as would serving on the board of an outside organization that has advocated for policies adverse to the interests of SEIU members. Additionally, if the outside activity poses a significant, ongoing conflict of interest with the employee’s duty to SEIU members which cannot be appropriately managed, it may be necessary to relinquish one of the positions.
Employees should also consult any applicable policies related to outside employment prior to beginning service as a board member. For example, some affiliates may have policies requiring prior approval for certain types of outside activities.
Yes. As a general matter, the Ethics Code does not prohibit an officer of SEIU or an affiliate from also being a member of a board of an outside organization.
However, if the outside activity poses an actual or potential conflict of interest with the officer’s duty to SEIU members, the officer must report the conflict as soon as possible. Likewise, if the outside activity poses a significant, ongoing conflict of interest with the officer’s duty to SEIU members which cannot be appropriately managed, it may be necessary to relinquish one of the positions.
Also, officers should consult any applicable policies related to outside employment or activities prior to beginning service as a board member.
All individuals covered by the Ethics Code–officers, board members, and employees of SEIU and affiliates–must report any actual, potential, or perceived conflict of interest as soon as the conflict is evident. The conflict can be reported to an affiliate ethics liaison or the SEIU Ethics Ombudsperson, who can assist you in managing the conflict. Managing the conflict may include, among other things, recusal from any involvement in the matter(s) related to the conflict.
You should take several considerations into account before accepting a stipend or other compensation for your outside activity as a board member.
In certain circumstances, federal law prohibits an employer from paying anything of value to a labor organization, including its officers and employees, and likewise prohibits a labor organization, including its officers and employees, from accepting anything of value from an employer. (See 29 U.S.C. § 186.) Violation of this law could result in criminal penalties. Hence, you should consult with counsel prior to accepting any stipend or other payment for your service as a board member.
Additionally, Section 6 of the Ethics Code prohibits a covered individual from knowingly accepting any payments of more than minimal financial value (i.e., $25.00) from an employer that engages or seeks to engage in collective bargaining with SEIU or an affiliate. However, there are several exceptions to this prohibition, including one for work and services performed on a part-time basis, through an arm’s length transaction and for normal and customary pay for such work or services.
Last, you should consider whether your service as a board member is part of your regular duties as a union representative. In that event, accepting a stipend for such service, in addition to your regular compensation from the union, could appear to be “double dipping,” i.e., receiving compensation from two sources for the same work.
The Ethics Code will apply to your service as a board member of an outside organization if (1) 25 percent or more of the members of the governing board are officers or employees of SEIU or an affiliate; or (2) 50 percent or more of its funding is provided by SEIU or an affiliate. In these circumstances, you must comply with the provisions of the Ethics Code while you are acting for or on behalf of the outside organization.
This guidance is intended for general informational purposes only. The specific facts and circumstances of your situation may warrant an approach that is different from this general guidance. Hence, you should not base a decision solely on the guidance described above, and should consult with your affiliate’s ethics liaison, the SEIU Ethics Ombudsperson, and/or union counsel prior to choosing a course of action. If you have any questions or concerns about these matters or your specific situation and would like to consult with the SEIU Ethics Ombudsperson, please contact Jonathan Cohen at jonathan.cohen@seiu.org or (213) 435-3771.
Updated Sep 12, 2024