COLLECTIVE AGREEMENT. THE WESTIN HARBOUR CASTLE HOTEL (hereinafter referred to as the Hotel)

Transcription

1 0 COLLECTIVE AGREEMENT BETWEEN: THE WESTIN HARBOUR CASTLE HOTEL (hereinafter referred to as the Hotel) and UFCW CANADA, LOCAL 333 (hereinafter referred to as the Union) Term: August 31st 2013 to August 31, 2017

2 1 TABLE OF CONTENTS PAGE ARTICLE 1 - PURPOSE 2 ARTICLE 2- RECOGNITION 2 ARTICLE 3- RELATIONSHIP 2 ARTICLE 4- MANAGEMENT RIGHTS 3 ARTICLE 5- UNION SECURITY/DUES 4 ARTICLE 6 - NO STRIKES - NO LOCKOUTS 4 ARTICLE 7- NEGOTIATING COMMITTEE 5 ARTICLE 8- REPRESENTATION 5 ARTICLE 9- GRIEVANCE AND ARBITRATION PROCEDURE 5 ARTICLE 10- DISCIPINARY MEETINGS AND RECORDS 7 ARTICLE 11 -SENIORITY 8 ARTICLE 12 -JOB POSTING 8 ARTICLE 13- LAY OFF AND RECALL 9 ARTICLE 14- EFFECT OF ABSENCE 9 ARTICLE 15- HOURS OF WORK AND SCHEDULING 10 ARTICLE 16 - REPORTING SICK 10 ARTICLE 17 - LEAVE OF ABSENCE 11 ARTICLE 18- LEAVE OF ABSENCE FOR UNION BUSINESS 11 ARTICLE 19- BEREAVEMENT LEAVE 11 ARTICLE 20- PREGNANCY/PARENTAL LEAVE 12 ARTICLE 21 -BULLETIN BOARDS 12 ARTICLE 22- DESIGNED HOLIDAYS 12 ARTICLE 23- VACATIONS 13 ARTICLE 24- MINIMUM REPORTING ALLOWANCES 14 ARTICLE 25 - CALL BACK ALLOWANCE 14 ARTICLE 26 -SICK DAYS 14 ARTICLE 27- HEALTH & WELFARE 14 ARTICLE 28- PART-TIME 15 ARTICLE 29- JURY DUTY 15 ARTICLE 30- WAGES 15 ARTICLE 31 - MISCELLANEOUS 15 ARTICLE 32- TRAINING I COMMUNICATION MEETINGS 15 ARTICLE 33- DRY CLEANING 16 ARTICLE 34- TRAINER PREMIUM 16 ARTICLE 35- SAFETY SHOE ALLOWANCE 16 ARTICLE 36- DURATION 16 APPENDIX "A" 17 LETTER OF UNDERSTANDING 18 MEMORANDUM OF AGREEMENT 19 MEMORANDUM OF SETTLEMENT 20

3 2 ARTICLE 1 PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain orderly collective bargaining relations between the Employer and its employees and to provide for the prompt and equitable disposition of grievances, and to establish and maintain safe working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement This Agreement sets forth the entire Agreement on rates of pay, hours of work and other conditions of employment. Amendments to this Agreement may only be made in writing on the agreement of both parties. ARTICLE 2 - RECOGNITION AND SCOPE 2.01 The Hotel recognizes the Union as the bargaining agent of all security officers employed by The Westin Harbor Castle Hotel in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, office, sales, clerical and administrative staff Any changes be incorporated only with mutual agreement between the Company and the Union Terms imposing the singular shall be deemed to include the plural unless the context requires otherwise The term "employee" or "employees" means an employee employed within the bargaining unit for which the Union is recognized as described in a) "Full time employee" means an employee employed in the bargaining unit who regularly works twenty four (24) hours or more per week; and b) "Part-time employee" means an employee in the bargaining unit who regularly works not more than twenty-four (24) hours per week. c) Co-op students shall not be used to perform bargaining unit work if doing so would directly result in the reduction in the hours of work of a bargaining unit employee. d) "Summer time employee" means an employee employed in the bargaining unit who regularly works between May 1 and Labour Day No employee covered by this Agreement will enter into any individual contract or agreement with the Company concerning wages or working conditions that will in any way conflict with the terms of this Agreement. ARTICLE 3- RELATIONSHIP 3.01 The Hotel and the Union each agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members because of an employee's membership or non membership in the Union or because of his activity or lack of activity in the Union.

4 The Union further agrees that there shall be no solicitation for membership or other Union activities during working hours except as specifically permitted by this Agreement or in writing by the Hotel All reference to the male gender in this Agreement shall be read as applying to the female gender where the context would apply On the request of either party, when the Hotel and the Union Consultation Committee meet, it is agreed that one (1) employee may attend Authorized representatives of the Union shall request permission to enter the premises of the Hotel at reasonable times for the purpose of conducting a business. It is agreed such permission shall not unreasonably be withheld. Notice upon entering and exiting (whenever possible) shall be given to a representative of management. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union agrees to co-operate with the Hotel at all times to maintain the highest possible standard of service and efficiency and the Union acknowledges, without restricting the generality of the foregoing, the exclusive rights of the Hotel as follows: a) To direct the operation of the Hotel in the best interest of the guests, the owners and the employees, both inside and outside the bargaining unit. b) To formulate policies, rules and regulations which are not inconsistent with the provisions of the Agreement. c) To introduce new practices or services, to expand, reduce, eliminate, change or modify present services and practices; to enter into contracts for buildings, repairs, equipment, supplies, materials and services. d) To determine, where, by whom, in what manner, to what time and under what conditions employees in the bargaining unit and I or contractors and their employees shall perform their duties. e) To determine in the interest of efficient operation and highest standard of service, the hours of work, work assignments, method of doing the work and the working establishment for any service. f) To maintain order and discipline, to hire, promote, transfer, classify employees, and for just cause, to demote, suspend, discharge or otherwise discipline employees subject to the right of the employees to grieve to the extent and manner provided herein if the provisions of this Agreement are violated in the exercise of these rights. g) To instruct and direct employees in their duties, responsibilities, conduct and attitudes towards guests, department heads, supervisors as well as other Hotel employees. h) To have absolute control of buildings, use of building, use of utensils, equipment, machinery, tools, supplies, materials, insurance, clothing, uniforms and all other articles or things belonging to the Hotel It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the specific terms of this Agreement. It is understood hat a claim that the Hotel has exercised these rights in a manner inconsistent with the specific terms of this Agreement shall be proper subject matter for a grievance.

5 4 ARTICLE 5 - UNION SECURITY/DUES 5.01 The Hotel agrees to deduct Union dues from the bi-weekly earnings of each employee The Union dues deducted will be a fixed dollar amount per pay which amount the Union will certify to the Hotel to be currently in effect according to the Union's constitution. The required deductions shall be made for each pay period and shall be remitted within fifteen (15) days after the month in which such deductions are made to the designated officer of the Union. The Union shall advise the Hotel of the name, position and address of the aforementioned designated officer and its failure to do so shall relieve the Hotel of its obligation to remit the deductions herein provided for until the Hotel is so advised It is understood that there will be an initiation fee as uniformly assessed by the Local Constitution and By-Laws deducted from employees upon the completion of the probationary period The monthly remittance shall be accompanied by a statement showing the name and S.I.N of each employee from who pay deductions have been made and the total amount deducted for the month. Such statement shall also show the total gross earnings and the hours worked. Such statements shall also list the names of employees from who no deductions have been made and the reasons why The Hotel will provide the Union with a notice of change of employee status The Union agrees to indemnify and save harmless the Hotel against all claims or other forms or liability that may rise out of, or by reason of, deductions made or payments made accordance with this Article The Hotel agrees to record total Union Dues paid by each employee on his T-4 Tax Return. ARTICLE 6 - NO STRIKES - NO LOCKOUTS 6.01 The Hotel agrees that, during the life of this agreement, it shall not cause or direct any lockouts of employees and the Union agrees that it shall not cause or direct any strikes of its members The Labour Relations Act of Ontario defines a strike and lockout as follows: Strike includes a cessation of work, a refusal to work or to continue to work by employees in combinations or in concert or in accordance with a common understanding, or a slow down or other concerted activity on the part of the employees designed to restrict or limit output; Lockout includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of his employees with a view to compel or induce his employee, or to aid another employer to compel or induce his employee, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or

6 5 conditions of employment or the rights, privileges or duties of the employer, an employer's organization, the trade union, or the employees." 6.03 The parties agree that the above definitions are subject to change should the present legislation be amended ARTICLE 7- NEGOTIATING COMMITTEE 7.01 The Hotel agrees to recognize and deal with a Negotiating Committee, which shall consist of the Union Business Agent and one (1) steward The Negotiating Committee is a separate entity from other committees and shall deal only with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modifications of this Agreement The members of the negotiating committee shall not be required to work in any day upon which the negotiating meeting is held with the Hotel. The normal work schedules of the members of the Negotiating Committee shall not be altered to avoid payment of meeting time Each member of the Negotiating Committee shall be compensated on the basis of the hours he or she would have worked had they been otherwise scheduled to work. Payment will be made on the basis of his or her regular straight time hourly wage rate. ARTICLE 8- REPRESENTATION 8.01 The Hotel shall recognize one (1) shop steward appointed or elected by the Union who has one (1) year or more service The Union shall confirm the name of any steward in writing immediately after his appointment A steward may leave his workstation during working hours for Union business without loss of pay only upon the following conditions: a) He must obtain his supervisor's or designates consent before leaving. The supervisor's consent shall not be unreasonably withheld. b) The steward shall deal with the Union business promptly and then return to work (after reporting to his supervisor) or designate. ARTICLE 9- GRIEVANCE AND ARBITRATION PROCEDURE 9.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable It is the mutual desire of the parties hereto that complaints of employees shall

7 6 be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of resolving his complaint. If an employee has a complaint he shall discuss it with his immediate supervisor within five (5) days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of the employee. The supervisor shall give response in the complaint within three (3) days and, failing settlement, or failing a response, it may then be taken up as a grievance within three (3) days following advice of the immediate supervisor's decision in the following manner and sequence: Step #1 The employee and his Steward may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the supervisor shall deliver his decision in writing within three (3) days following the presentation of the grievance to him. Failing settlement: Step#2 Within three (3) days after the decision in Step #1, the Union Grievance Committee may submit the grievance in writing to the Director of Human Resources or designate. A meeting will then be held between the Director of Human Resources or designate and members of the Union grievance committee and the griever if either party requests. Such meeting shall be held within seven (7) days of submission of the grievance at Step #2 unless extended by written agreement of the parties. It is understood and agreed that a staff representative of the Union may be present at such meeting at the request of either party and that the Hotel may also have such counsel and assistant as it may desire. The decision of the Director of Human Resources or designate shall be delivered in writing within seven (7) days following the date of such meeting It is agreed that a grievance arising directly between the Hotel and the Union shall be originated under Step #2 and the time limits set out with respect to that Step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby by-passed Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 and the time limits set out with respect to that Step shall appropriately apply A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance in a written statement of such grievance is lodged with the Hotel at Step #2 of the grievance procedure within seven (7) days after the date the discharge is effected. An employee discharged without prior notice may be entitled to see his Union steward or bargaining unit employee fifteen (15) minutes prior to leaving the Hotel. It is understood, however, that failure to comply with this Section shall not void the termination. Such special grievance may be settled under the grievance or arbitration procedure by: a) confirming the Hotel's action in dismissing the employee, or

8 7 b) reinstating the employee with or without compensation for time lost less any unemployment insurance received by the employee which he is not obligated to repay and any additional employment-related compensation received from any source during the period from the date of his discharge to his reinstatement, or c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board. Step #3 Arbitration 9.06 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step #2 is given, the grievance shall be deemed to have been abandoned Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration When either requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such requests in writing addressed to the other party to this Agreement, and the Hotel and the Union will mutually agree upon a single arbitrator. Should the Hotel and the Union fail to agree upon an arbitrator within ten (10) days, the Minister of Labour for the Province of Ontario shall appoint one No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the grievance procedure The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement The arbitration proceedings will be expedited by the parties hereto and the decision of the chairperson will be final and binding upon the parties hereto and the employee or employees concerned Each of the parties hereto will share equally the expenses, if any, of the arbitrator For the purpose of this Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and statutory holidays. ARTICLE 10- DISCIPLINARY MEETINGS AND RECORDS Employees required to attend disciplinary meetings with the Hotel for the purpose

9 8 of issuing discipline shall be represented by a Union Steward or the Union Business Agent. If a Union Steward from the Security Officer bargaining unit or the Business Agent is not available, an employee may be represented by a Union Steward from the larger bargaining unit Warnings will be taken from any employee's file if he or she has a clean record for twelve (12) months. Suspension for possession or being under the influence of alcohol or drugs, theft or sexual harassment will be removed if the employee has a clean record for eighteen (18) months. ARTICLE 11 SENIORITY Seniority, as referred to in this Agreement, shall mean length of continuous service with the Hotel since the last date of hire. All employees shall be on probation for a period of sixty (60) days worked. On successful completion of the probationary period he will be credited with seniority from date of hire An employee shall lose all seniority and shall be deemed to have terminated if: a) an employee voluntarily resigns; b) an employee is discharged and not reinstated under the terms of this Agreement; c) an employee has been laid off for a period in excess of his length of seniority up to a maximum of twelve (12) months; d) an employee fails to notify the Hotel within three (3) calendar days, exclusive of Saturday, Sunday and holidays, of receipt of notice of recall and report within seven (7) calendar days from receipt of such notice. Notice of recall may be by telephone or telegram confirmed by registered mail to the employee's last address registered with the Hotel. If notice is by registered mail, it shall be deemed to have been received on the second day following registration; e) an employee utilizes any leave of absence for purposes other than for which the leave was granted, or fails to return to work after expiration of a leave of absence without providing a reason satisfactory to the Hotel; f) an employee is absent from scheduled work for a period of three (3) consecutive working days without notifying the Hotel of such absence and providing a reason satisfactory to the Hotel Seniority lists will be revised yearly. Upon ratification, an updated copy of the list will be posted on the bulletin board and a copy given to the Shop Steward. ARTICLE 12- JOB POSTING Where permanent vacancies in the bargaining unit occur which the Hotel decides to fill on a full-time or part-time basis, such vacancies will be posted in the Hotel. The posting shall indicate those qualifications required by the Hotel Such vacancies shall be posted for a period of five (5) working days and employees bidding on job vacancies must make written application to the Human Resources department no later than the fifth day of the posting.

10 Vacancies caused by absence due to illness, accident, leaves of absence (including maternity leave) need not be posted. Such temporary vacancies may be filled at the discretion of the Hotel The Hotel shall consider applicants for whom a successful bid would result in a promotion or transfer (as defined herein) to a higher or equal rate classification. In cases of promotion or transfer, the following factors shall be considered: a) skill, ability, job efficiency, qualifications and experience; b) seniority with the Hotel; When the matters in factor a) are relatively equal in the opinion of the Hotel, then factor b) shall govern The Hotel agrees to consider applications for permanent vacancies in the bargaining unit from existing employees prior to hiring from the outside the Hotel If the vacancy is not filled on the foregoing basis, the Hotel may fill the job in question in its discretion The Hotel may assign any employee to any vacancy on a temporary basis including the period of time during which the posting has been completed The Hotel shall not consider any applicant to a posting who has, within the prior six (6) month period successfully bid on a vacancy During the course of this Agreement, if the Hotel institutes a new job classification, a rate will be set and the Union will be notified. If the Union disagrees with the rate, the Union will so advise the Hotel within thirty (30) days of notification, after which a meeting will be arranged to negotiate the rate. If no agreement can be reached, the Union may refer the issue to arbitration within thirty (30) days of the meeting. ARTICLE 13- LAYOFF AND RECALL In cases of layoff and recall where the employee has the ability, qualifications, competence, skill and experience to fulfill the requirements of the position concerned without any training or familiarization period, then seniority shall apply. ARTICLE 14- EFFECT OF ABSENCE It is understood and agreed that during any leave of absence, with or without pay, granted under the provisions of this Agreement and during a period of layoff, seniority will accrue up to but not beyond the end of the first month in which the leave of absence or layoff commenced. Where such leave or layoff continues beyond the end of the first month following the month in which such leave of absence or layoff commenced, seniority shall be maintained and an employee shall resume accumulation of seniority on his return. Notwithstanding the foregoing, an employee absent due to illness or disability, whether or not covered by Workplace Safety & Insurance Board shall maintain seniority during such absence up to but not exceeding a period of two (2) years. If such absence continues beyond the two (2) year period, an employee shall lose all seniority and shall be deemed to have been terminated.

11 10 ARTICLE 15- HOURS OF WORK AND SCHEDULING a) The normal or standard work week for full time employees shall consist of an average of forty (40) hours per week with a normal or standard work day of eight (8) hours, inclusive of a half-hour (1/2) meal break. b) Such hours shall be worked in accordance with rotating shift schedules as determined by the Hotel. The Hotel will endeavor to provide two (2) consecutive days off subject to operational requirements. c) It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating time worked and shall not be considered a guarantee as to the hours of work per day, the days of work per week, nor a guarantee of working schedules. d) The schedule will be posted 72 hours in advance. The Hotel will endeavor to provide as much advance notice of change as possible. Nothing shall preclude the Hotel's right to change the posted schedule in cases of emergency or circumstances beyond the control of the Hotel. e) All requests for changes to the schedule must be submitted prior to the posting of the schedule. It is understood that such change initiated by the employee and approved by the Hotel shall not result in overtime payment There shall be no duplication or pyramiding of hours worked for the purpose of computing overtime or other premium payment Authorized work performed in excess of forty (40) hours in a one (1) week period and authorized work performed in excess of eight (8) hours in a day will be paid at time and one-half the employee's regular hourly rate The parties to this Agreement recognize that the needs of the business may require the performance of overtime work from time to time and when overtime is required, the Hotel will assign the employees regularly doing the job by seniority. In light of the foregoing, the Hotel will attempt to advise employees of required overtime as far in advance as s practical. ARTICLE 16- REPORTING SICK Employees claiming sick pay benefits shall observe the following procedures: a) Employees taking ill or suffering an accident during working hours shall notify their immediate supervisor or designate before leaving their duties. b) Where the illness or accident takes place at times other than the employee's normal working hours, the employee will notify his immediate supervisor or designate, as soon as possible but in any event, whenever practicable, not less than two (2) hours prior to the day shift and four (4) hours for all other shifts. c) An employee, in all cases of absence due to illness may be required to produce a

12 11 medical certificate, satisfactory to the Hotel, and signed by a duly qualified medical practitioner. Such medical certificate must be presented upon returning to work in cases of absence of two (2) days or more in order for the employee to be eligible for sick pay. d) When an employee has not been working because of illness, leave of absence or any other causes, it shall be his or her responsibility to arrange with the Hotel for his or her return to work prior to his or her intended date of return. ARTICLE 17- LEAVE OF ABSENCE The Hotel may, at its discretion, and subject to operational efficiency grant a leave of absence without pay and without loss of seniority to an employee for personal reasons. All requests for leave of absence shall be in writing as far in advance as practical. The Hotel agrees to reply to such request in writing within seven (7) working days whenever possible. Requests for such leave will not be unreasonably denied. It is understood that employees on leave of absence shall not use the time granted for purposes other than as declared in their request for such leave. The Hotel agrees to continue benefit coverage for employees to the end of the month in which the leave commenced. ARTICLE 18- LEAVE OF ABSENCE FOR UNION BUSINESS The Hotel may, subject to operational considerations, grant a leave of absence, without pay, to employees selected or appointed by the Union to attend Union conventions, seminars, and monthly Union meetings upon the written request of the Union at least one (1) month in advance. The total cumulative leave of absence granted to all employees in the bargaining unit hereunder shall not exceed five (5) days during the first contract year five (5) days during the second contract year five (5) days during the third contract year, and nor shall more than one (1) employee absent himself at the same time. ARTICLE 19- BEREAVEMENT LEAVE In the event of a death in the immediate family, a full-time employee who has completed his probationary period will be granted up to three (3) consecutive days leave of absence commencing with the date of death and concluding with the day of the funeral. Such leave shall be without loss of pay from average hourly earnings. The hotel may, at its discretion, approve a further leave without pay, if requested. Immediate family shall mean spouse, child, father, mother, brother and sister. If however, the funeral is not attended, he will be paid for time lost on only one of the above mentioned days In the event of a death of a grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, an employee who has completed his probationary period shall be granted one day's leave without loss of average hourly earnings for the purpose of attending at the funeral.

13 Where the term spouse is used in this article, it shall include common-law spouse, as defined in the Family Law Act ARTICLE 20- PREGNANCY/PARENTAL LEAVE Pregnancy/Parental leave shall be granted in accordance with the terms set out in the Employment Standards Act, R.S.O c. E14, amended. ARTICLE 21- BULLETIN BOARDS The Union shall have reasonable access to a bulletin board on the premises of the Hotel for the posting of appropriate Union notices pertaining to matters relating to employees covered by the Collective Agreement. Copies of all notices shall be given to the Director of Human Resources prior to posting and the Hotel retains the right to approve any material posted herein. ARTICLE 22- DESIGNATED HOLIDAYS All active full-time seniority employees will be compensated for time lost as a result of one of the following workdays. Compensation shall be a sum equivalent of his straight-time hourly rate for the numbers of straight-time hours of work in his normal day, provided he complies with the qualifications hereinafter set forth. The paid holidays are: 1. New Years Day 2. Good Friday 3. Victoria Day 4. Canada Day 5. Labour Day 6. Thanksgiving 7. Christmas Day 8. Boxing Day 9. Family Day In addition, all full-time regular employees who are on the seniority list within the scope of the contract and who have completed fifty (50) days worked prior to the holidays concerned, pay for the days listed below: 1. Civic Holiday 2. Remembrance Day 3. Employee Anniversary Day Holiday pay shall be computed on the basis of the number of hours the employee would otherwise have worked (up to a maximum of eight (8) hours) at the employees basic hourly rate of pay In order to qualify for holiday pay the employee must work the full scheduled hours of work on the work day immediately preceding and immediately following the holiday unless excused by the Hotel, or the employee was absent due to: a) regularly scheduled vacation; b) confined to a hospital on one or both of the qualifying days verified to the satisfaction of the Hotel and further providing that the employee has or does work

14 13 at least one shift in the week preceding or one shift in the week following the holiday and is not in receipt of payment for weekly indemnity or Workers' Compensation for the holiday in question Where an employee who has undertaken to work on any one of the above mentioned holidays, he shall be paid, at the rate of time and one-half his base hourly rate, for all hours worked in addition to any holiday pay to which he is entitled An employee who has undertaken to work on any of the above holidays and fails to report for work shall forfeit all pay for that day unless his absence is due to illness verified by a medical certificate as required by the Hotel or otherwise provides a reason satisfactory to the Hotel Where any of the holidays occur during an employee's vacation period the Hotel agrees to provide an additional day off with pay at a time scheduled by the Hotel and acceptable to the employee Departmental seniority applies to an employee's request to work or not to work a statutory holiday, provided that the request does not result in a back to back shift or overtime and that such request shall not interfere with the Hotel's ability to maintain a qualified and efficient work force. ARTICLE 23- VACATIONS All full-time regular employees shall be entitled to annual vacation in accordance with the following: a) For eligible employees who have completed one (1) year of service or more but less than five (5) years of continuous service - two (2) weeks vacation with four percent (4%) of gross pay excluding vacation pay and sick pay. b) For eligible employees who have completed five (5) years of continuous service but less than twelve (12) years of Continuous service - three (3) weeks vacation with six percent (6%) of gross pay excluding vacation pay and sick pay. c) For eligible employees who have completed twelve (12) years of continuous service or more, four (4) weeks eight percent (8%) of gross pay excluding vacation pay and sick pay. For the purpose of determining the vacation to which an eligible employee is entitled, the anniversary date of employment shall apply. Employees shall apply for vacation by seniority, in writing to the department head, prior to March 15, of the vacation year. Following March 15 choice of vacation shall be made on the basis of seniority on available dates only and as long as the Hotel is able to maintain qualified and adequate staff in the department. Vacation credits shall not be accumulated from one year to the next without written authorization by the Hotel. ARTICLE 24- MINIMUM REPORTING ALLOWANCES

15 An employee who reports for work at his or her regular time and who is sent home because no work is available or commences to work but is assigned less than eight (8) hours' work, shall receive a minimum of four (4) hours' pay at the appropriate hourly rate. This provision shall not apply in circumstances beyond the reasonable control of the Hotel. (Examples: such as fire, flood, major equipment failure). ARTICLE 25- CALL BACK ALLOWANCE An employee who has left after the completion of his or her regular shift and is called back to work shall receive a minimum of four (4) hours' pay at his or her regular straight time hourly wage rate. It is understood that this provision shall not apply in the case of an employee who is required to work a period prior to the commencement of his or her regular shift but he or she shall be appropriately compensated. ARTICLE 26- SICK DAYS The Hotel agrees to maintain its current practice of providing five (5) days sick pay for full-time employees. Hours paid will be based on the schedule shift being lost. ARTICLE 27 - HEALTH AND WELFARE The Hotel agrees, during the term of the Agreement, to maintain the premium coverage for eligible employees in the active employ of the Hotel under the insurance plans presently in effect subject to their respective terms and conditions including enrollment requirements It is understood that the Hotel may at any time substitute another carrier for any Plan (other than OHIP) provided the benefits conferred thereby are not in total decreased. Before making such a substitution, the Hotel shall notify the Union to explain the proposed change The Hotel agrees to continue coverage of employees under the terms and conditions of the Hotel Pension Plan. ARTICLE 28 PART-TIME

16 All provisions of this collective agreement apply to part-time employees with the exception of the following: 14 - Effect of Absence 15 - Hours of Work 16 - Reporting Sick 19 - Bereavement Leave 22 Holidays 23 Vacations 26- Sick Days 27 - Health & Welfare ARTICLE 29 -JURY DUTY The Hotel shall compensate any employee who is required for jury duty or crown witness service in relation to his/her duties for the Hotel, the difference between his/her normal earnings and the payment he or she received for jury duty or crown witness service. ARTICLE 30 -WAGES The wage rate for employees covered by this Agreement shall be as set out in Appendix A, which is attached to and forms part of this Agreement. ARTICLE 31 - MISCELLANEOUS In the event that an employee is injured in the performance of his or her duties, he or she shall, to the extent that he or she is required to stop work and receive treatment, be paid the regular straight time hourly wage rate lost for the balance remaining of his or her shift. ARTICLE 32- TRAINING COMMUNICATION MEETINGS Where an employee is required to attend a training session or communication meeting, the employee shall be paid at his/her hourly wage rate for all time spent at such meeting. Should such a session or meeting take place on an employee's scheduled day off, it will be his/her responsibility to find out the content of said sessions or meetings Where the Hotel schedules specialized and/or specific training as it relates to the Security department, all Officers will be required to attend the training and shall be paid at his/her regular hourly wage rate for all time spent at such training with a minimum of four (4) hours. Should such a training session take place on an Officer's scheduled day off, he/she is required to attend the training. ARTICLE 33 - DRY CLEANING

17 The Hotel will provide dry cleaning services for all Officers for business attire only to a maximum of $ per year. ARTICLE 34- TRAINER PREMIUM An employee who is designated by the employer to act as a trainer and agrees to do so shall be paid a premium of fifty cents ($0.50) per hour designated by the employer as training hours. ARTICLE 35- SAFETY SHOE ALLOWANCE It shall be a condition of hire and continued employment for the employees employed in the Security department to wear safety shoes of a type and style approved by the Company. The Company agrees to reimburse annually each such employee with at least one year of departmental seniority an amount not to exceed Fifty Five Dollars ($55.00) towards the cost of purchasing such safety shoes upon presentation to the Company of proof of purchase within the annual period. ARTICLE 36 DURATION This Agreement shall continue in effect until the 31 day of August, 2017, and shall automatically continue in effect thereafter for annual periods of one year unless either party notifies the other in writing not less than sixty (60) days and not more than ninety (90) days prior to the expiration date of its desire to amend or terminate the Agreement If notice of amendment or termination is given by either party in accordance with above, the parties agree to meet for the purpose of negotiations within fifteen (15) days following receipt of such notification or such further period of time as may be agreed upon. SIGNED at Toronto this day of, 2013 For the Hotel For the Union

18 17 APPENDIX "A" Ratification 0.5% $0.10 $21.03 March 1I % $0.11 $21.14 September 1I % $0.11 $21.25 March 1I % $0.16 $21.41 September 1I % $0.16 $21.57 March 1I % $0.22 $21.79 September 1I % $0.16 $21.95 March 1I % $0.22 $22.17 September % $0.22 $22.39 March % $0.28 $22.67 $0.21 $0.27 $0.38 $0.38 $0.50

19 18 LETTER OF UNDERSTANDING The Hotel agrees during the currency of this collective agreement to not contract out the positions of the current complement (8) of security officers to an outside contractor. This letter will expire at the end of this collective agreement and may only be renewed by agreement of the parties. For the Hotel For the Union

20 19 MEMORANDUM OF AGREEMENT BETWEEN THE WESTIN HARBOUR CASTLE and UFCW CANADA, LOCAL 333 (SECURITY OFFICERS BARGAINING UNIT) Notwithstanding Article 15 of the collective agreement (expiry August 31, 2012) the parties agree to implement the attached schedule. This agreement shall be revoked by either party with one (1) weeks written notice if it is not operationally feasible. This schedule may only continue upon mutual agreement of the parties. The parties agree that there shall be no overtime paid after 8 hours of work for officers where the regular scheduled work day is either ten (10) or twelve (12) hours according to the attached schedule. The parties also agree that overtime shall be paid when the regular scheduled work week exceeds 84 hours averaged over two consecutive weeks. This agreement is entered into on a without prejudice and without precedent basis and shall have no impact on any other issue that may arise between the parties. Dated at Toronto this day of, For the Hotel For the Union

21 20 MEMORANDUM OF SETTLEMENT BETWEEN WESTIN HARBOUR CASTLE (Hotel) and UFCW CANADA, LOCAL 333 (SECURITY OFFICER BARGAINING UNIT) 1. The parties herein agree to the terms of this memorandum as constituting full settlement of all matters in dispute. 2. The undersigned representatives of the parties hereby agree to recommend complete acceptance of all the terms of this memorandum to their respective principles. 3. The collective agreement shall be effective date of receipt of written notice of ratification and the term shall be August 31, 2008 to August 31, The parties herein agree that the said collective agreement shall include the terms of the previous collective agreement which expired on August 31, 2008, provided, however, that the attached full offer of settlement dated October 8, 2008 is incorporated. All matters agreed to by the parties to the date hereof and attached including the Letter of Understanding, dated October 8, 2008, as amended on contracting out. For the Hotel For the Union

22 21 Dated at Toronto, this 11 day of October BETWEEN MEMORANDUM OF SETTLEMENT WESTIN HARBOUR CASTLE (Hotel) and UFCW CANADA, LOCAL 333 (SECURITY OFFICER BARGAINING UNIT) 1. The parties herein agree to the terms of this memorandum as constituting full settlement of all matters in dispute. 2. The undersigned representatives of the parties hereby agree to recommend complete acceptance of all the terms of this memorandum to their respective principles. 3. The collective agreement shall be effective date of receipt of written notice of ratification and the term shall be August 31, 2008 to August 31, The parties herein agree that the said collective agreement shall include the terms of the previous collective agreement which expired on August 31, 2008, provided, however, that the attached full offer of settlement dated October 8, 2008 is incorporated. All matters agreed to by the parties to the date hereof and attached including the Letter of Understanding, dated October 8, 2008, as amended on contracting out. For the Hotel For the Union