Storm bHotel Association: The Gaucher petitions against the candidacy of Avi Nissenkorn As president of the association after the previous president, Amir Haik, left with his appointment as Israel’s ambassador to the United Arab Emirates.
In about two weeks, elections are scheduled for the election of a new president. The association has approved three candidates for election: former Justice Minister and former Histadrut chairman Avi Niskoren, Yishai Barnea, hotel manager in the city and former chairman of the Jerusalem branch of the hotel association and Eli Gonen, who previously served as president of the hotel association.
Petitioners, Yishai Barnea and two other members of the association claim that Niskorn’s candidacy does not meet the conditions of the association’s regulations because it stipulates that only the owner or manager of a hotel or chain can be a member of the association and a trustee, to run for president.
In addition, the hotel association’s bylaws state that neither an “honorary member” or a “fellow” (who pays membership fees) can be elected to the association’s institutions including the presidency, so “even if the association sees Avi Nissenkorn’s joining the association as something that can contribute and strengthen the association After all, for that purpose there is a clause that allows for the attachment of an “honorary member” – but as stated, such a member cannot apply for the presidency. “
In other words, it was argued that Nissenkorn could not be a candidate for the presidency of the association just as he could not be a candidate for the presidency of the Contractors Association, the presidency of the accountants, and so on. It should be noted that according to this claim, Amir Haik, who served for two terms (until his resignation now) as president of the association, did not seem to comply with the regulations because he was not chosen as a hotel owner or manager.
The big chains support Nissenkorn
Now the other candidates are not ready to accept a non-hotel candidate for the senior position in the association – even after his candidacy has been approved by the association’s organizing committee. It should be noted that Niskoren’s candidacy did not come out of nowhere. Niskoren brings with him the experience of dealing with employees as the one who served as chairman of the Histadrut and is the candidate supported by the heads of the three largest chains in Israel, Fattal, Isrotel and Dan. In one axis in the committee (small hotels can unite to formulate a voting axis.) Naturally and according to this mechanism the power of the big chains is more significant for elections according to the number of axes they are entitled to receive in the conference.
In the days when the tourism industry is in the worst crisis in its history, the president’s power is important both in terms of budgets, the issue of compensation or assistance from the state and even in favor of regulatory facilitations that will allow expensive accommodation prices in Israel.
The petition was forwarded to the organizing committee of the Israel Hotels Association. Among other things, it was alleged that in a discussion about the elections and dates in the organizational committee of the Hotel Association, the petitioners were unable to get an answer to their questions regarding Niskorn’s suitability as a candidate for the position in accordance with the sections of the association’s regulations.
The petition stated that the committee chairman provided them with a general answer after consulting with the association’s legal advisers that “all candidates are fit to run”, and that “this is not a precedent where a director of the association is running for president.”
In this regard, it should be noted that Haik served as a director of Fattal Hotels and is now justified by the petitioners’ claims that Niskorn serves as a director of the AGSH Tourism Company (which owns the rights to the Nof Ginosar Hotel, the association) and therefore, “Mr. Nissenkorn meets the definition of” hotel manager “. Literally in the bylaws. “
According to the Organizing Committee’s method, as implied by the petitioners’ answers, “the regulations do not explicitly require that a presidential candidate be a member of the Hotels Association and / or that he be eligible to be accepted as a member of the Hotels Association
However, the petitioners claim that the aforesaid regulations do not allow Nissenkorn’s candidacy and that being a director of the AGSH allows ambiguity, so according to the petition, “It is not clear whether this is a company or an agricultural cooperative association? After all, these are two completely different types of corporations. If it is indeed a cooperative association, then in a cooperative association there is no position called “director” and hence, the information provided about the position – real or fictitious – does not correspond to reality and accordingly it is not possible to judge what its essence is. “
They argued that the organizing committee should have disqualified Nisscoren’s candidacy or, alternatively, Qualification, both in the matter of his essential position and in the matter of the competence of the procedure in which he was appointed / elected. “
The hotel association’s response: “The association is a body of members whose claims are clarified within the relevant institutions. The association has not yet received a copy of the petition and after receiving it it will review the claims and address them in the proceedings before the association’s court.”