I I,? COLLECTIVE BARGAINING AGREEMENT BETWEEN: INNVEST HOTELS GP LTD. 0/A NORTH YORK TRA VELODGE (hereinafter known as the "Employer") AND

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1 COLLECTIVE BARGAINING AGREEMENT BETWEEN: INNVEST HOTELS GP LTD. 0/A NORTH YORK TRA VELODGE (hereinafter known as the "Employer") AND UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION LOCAL 333 (hereinafter known as the "Union") November 1, 2010 to October 31,2013.I I I,? 6 I, 1

2 INDEX. Article Page 1. Purpose ";) 2. Recognition ";) 3. Management Functions 4 4. No Discrimination 5 5. Union Security 5 6. Union Representative 6 7. Strikes & Lock-outs 8 8. Grievance Procedure 9 9. Arbitration Procedure Seniority Vacancies Leaves of Absence Reporting for Work & Call Back Holidays Vacation Entitlement Wages & Classifications Hours of Work and Overtime Bulletin Board Health & Safety Benefit and Pension Plans General Term 27 Schedule "A"- Wages 28 Schedule "B"- Benefit and Pension Plans 29 Retirement Allowance 31 2

3 ARTICLE 1 -PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain a mutually satisfactory relationship between the Union and the Employer and the employees represented by the Union, and to provide procedures for the prompt and equitable disposition of grievances, to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to provisions of this Agreement and to assist the Employer in the efficient operation of this business. ARTICLE 2- RECOGNITION 2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees oflnnvest Hotels GP Ltd. o/a as North York Travelodge, located at 50 Norfinch Drive, North York, Ontario, save and except office, clerical and sales staff, accounting staff, audit staff, room checker staff and front desk staff, security officers, students employed during school vacation period, supervisors and person above the rank of supervisor The word "employee" or "employees" whenever used in the Agreement shall mean, respectively, an employee or employees in the bargaining unit, and wherever the masculine gender is used in the Agreement, it shall include the feminine gender (a) "Full-time employee" means an employee who is regularly employed for more than twenty-four (24) hours per week; and (b) "Part-time employee" means an employee who is regularly employed for not more than twenty-four (24) hours per week 2.04 No employee shall be laid off as a direct result of non-bargaining unit employees performing bargaining unit work. 3

4 ARTICLE 3- MANAGEMENT FUNCTIONS 3.01 The management of the Hotel and its operation and the direction of the employees are fixed exclusively in the Employers and, without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline, profitability, efficiency and customer service, in connection there with to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees and to discipline or discharge employees for just cause; (b) establish and administer tests for purpose of assisting the Employer to determine an employee's qualifications, and require medical examinations by Employer appointed physicians for any legitimate reason; (c) select, hire, train, transfer, promote, demote, classify, layoff and recall employees, select employees for positions excluded for the bargaining unit and; (d) determine the location of operations, the schedules of operation, the number of shifts, determine the methods of providing services, determine job content, quality and quantity requirements, the qualifications of an employee to perform any particular job and a method of assess that performance, determine the equipment to be used and to use new or improved methods and equipment, to introduce, change or discontinue methods, services, job duties or processes, determine employees dress code, determine employees work schedule, the number of employees needed at any time, the number of hours to be worked, starting and quitting times and when overtime shall be worked, and require employees to work overtime The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement and the express provisions of the Agreement constitute the only limitations on the Employer's rights. 4

5 ARTICLE 4-NO DISCRIMINATION 4.01 The Employer, the Union and the employees agree that every employee has the right to equal treatment with respect to employment without discrimination because ofrace, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap, as these terms are defined by the Ontario Human Rights Code. ARTICLE 5- UNION SECURITY 5.01 (a) The Company agrees to take from the pay of all employees covered by this Agreement, a fixed dollar amount on each pay period as may be assessed by the Union's Constitution and By-laws as regular bi-weekly Union dues and shall remit same on a monthly basis to the designated officer of the Union within fifteen (15) days after the month in which such deductions are made. The deductions, shall be accompanied by an alphabetical check offlist which will provide each employee's name, current address and social insurance number. (b) The Company shall show the yearly Union dues deductions on the employee's T-4 slip. (c) The Union agrees to defend and hold the Company completely harmless against all claims and demands should any person at any time contend that the Company has acted wrongfully or illegally in making the aforementioned deduction for Union dues. (d) The Company will not be responsible for the collection of any dues where, because of absence from work, the employee has no earnings from which dues are required may be deducted. 5

6 (e) The Company shall deduct from the earnings of each employee who has completed the probationary period such initiation fees as the Union may prescribe from time to time by its Constitution or By-Laws. The Union will give the Company written notice of the amount of such initiation fee and, unless the Company is so notified, the Company is under no obligation to deduct such initiation fee. ARTICLE 6- UNION REPRESENTATION 6.01 The Employer acknowledges the right of the Union to appoint or otherwise elect three (3) Stewards who have completed a one (1) year period of continuous employment in one of the classifications covered by this Agreement for the purpose of assisting employees in presenting grievances to the Employer in accordance with the provisions of this Agreement The Union shall provide the Employer with written notification of the name of the steward. The Employer shall be required to recognize the representative only from the date of receipt of this notice The Union acknowledges that the Steward has regular duties to perform on behalf of the employer and may not leave his regular duties without the consent of his Supervisor in advance. Upon receiving such consent, the Steward shall be permitted to leave his regular duties for a reasonable length of time, without loss of pay, to function as a Steward as provided in this Agreement, including the investigation of grievances and complaints. Such consent from the Supervisor shall not be unreasonably withheld An authorized representative for the Union shall be permitted to meet with a member of the bargaining unit in an area specified by the Employer for the purposes of dealing with the administration of this Agreement, provided that the meeting will not take place during the employee's working hours without the 6

7 authorization of the General Manager or his designate (which shall not be unreasonably withheld) and permission is requested by the Union and granted by the General Manager or his designate prior to the representative's altival at the location The Employer and the Union agree it shall not interfere with, restrain, coerce or discriminate against employees in their lawful right to become and remain members and officers of the Union and to participate in its activities Negotiating Committee The Employer agrees to recognize and deal with a Negotiating Committee, which shall consist of the Union Business Agent and up to two (2) bargaining unit employees with at least one (1) year of continuous employment in one of the Classifications covered by this Agreement. The Union shall notify the Employer in writing of the names of the members of the Negotiating Committee and the Employer shall not be required to recognize any Committee member until it has been so notified All time spent by employee members of the negotiating committee preparing for and attending at negotiations shall be unpaid time Consultation Committee On the request of either party, the Employer and the Union (represented by the Local Union Business Representative and one (1) Steward selected by the Union) shall meet up to a maximum of once every two (2) months for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this Agreement. 7

8 6.09 Discipline and Discharge (a) (b) (c) At a meeting where an employee is to receive a recorded form of discipline, the employee will be told of their right to have a Union Steward present. If none is available, the employee may request to have a coworker present. In the event an employee is discharged while on Hotel premises, he shall be allowed to confer with a Union Representative (if one is available) for a reasonable length of time (up to thirty (30) minutes) before leaving the Hotel's premises. The Employer will make all reasonable efforts to advise the employee of the above right of representation. Except in extenuating circumstances, no employee shall be disciplined or discharged on a scheduled day off. The Employer shall not be required to pay an employee who is suspended or discharged the minimum reporting allowance on the day upon which the discipline is imposed, if the discipline imposed by the Employee is maintained in the Grievance or Arbitration process. ARTICLE 7- STRIKES AND LOCK-OUTS 7.01 The parties agree that during the life of this Agreement, the Employer shall not cause of direct any lockouts of employees and the Union agrees that it shall not cause or direct any strikes of its members The Employer shall have the right to discipline or discharge employees (subject to the right of employees to file a grievance) who take part in or instigate any strike, picketing, slowdown, stoppage of or other interference with work or customer service, either complete or partial, contrary to Article 7.01 of this Agreement or the provisions ofthe Labour Relations Act, The definition of the terms strike and lockout in Article 7.01 shall be in accordance with the Labour Relations Act,

9 ARTICLE 8- GRIEVANCE PROCEDURE 8.01 The purpose of the Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. Such a grievance shall be presented and processed in accordance with the steps, time limits and conditions herein set forth Step 1 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance tmtil the employee first discussed the complaint with the responsible supervisor. The complaint must be discussed with the supervisor within five (5) days after the circumstances giving rise to it have occurred. Any complaint not presented within these five (5) days shall be forfeited by the aggrieved employee. The Supervisor shall give his response within two (2) days of receiving the employee's complaint. Step 2 If the complaint is not settled as provided for above, the employee may submit a written grievance to the General Manager within seven (7) days of receiving the Supervisor's verbal response to the complaint. The grievance shall be signed by the employee and shall identify the nature of the grievance, the specific provisions of the Agreement, which are alleged, to have been violated and the remedy sought. A meeting will then be held within ten (1 0) days of the receipt of the written grievance between the General Manager and the Business Representative of the Union, or their designates. The employee and the Union Steward, if requested by the employee, may be present. The Employer's written answer to the grievance shall be given within five (5) days of this meeting. In the event that the Employer does not respond in the time provided and the Union wishes to proceed with the grievance, the Union must refer the matter to arbitration

10 8.03 Policy Grievance A policy grievance shall be defined as a grievance, filed by either the Union or the Employer, involving a question of application or interpretation of any A1iicle of this Agreement, which arises directly between the Employer and the Union. It shall be submitted directly at Step 2 within fourteen (14) days following the circumstances giving rise to the grievance. The provisions of this section may not be used with respect to a grievance directly affecting an individual employee or a group of employees. The remaining provisions of A1iicles 8 and 9, with the required amendments, shall apply to policy grievances Group Grievance When two (2) or more employees wish to file a grievance arising from the same incident, such grievance may be handled as a group grievance and presented to the Employer beginning at Step Two of the grievance procedure Any grievance, which is not commenced or processed through the next stage of the grievance or arbitration procedure with in time specified, shall be deemed to have been abandoned and/or withdrawn Suspension or Discharge A claim by an employee who has successfully completed the probationary period that he has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is submitted by the employee at Step 2 within five (5) days after the date of the suspension or discharge Warnings will be taken from an employee's file if he/she has a clean record for twelve (12) months. Suspensions for possession or being under the influence of alcohol or dmgs, theft or sexual harassment will be removed if the employee has a clean record for twenty-four (24) months. In the case of workplace violence the record will not be removed from the employees files Employees will be granted access to view their personal file by giving the General Manager three (3) days notice. 10

11 ARTICLE 9 -ARBITRATION PROCEDURE 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the grievance procedure, notify the other in writing of its desire to submit the grievance to arbitration. If a party elects to refer a grievance to arbitration it must notify the other party within five (5) days of the date of response by the General Manager, at Step The parties shall agree on a sole arbitrator. In the event that the Union and the Employer cannot within fourteen (14) days, either party may apply to the Office of Arbitration for the appointment of an arbitrator Each party shall bear the expenses of its participants and witnesses and for the preparation and presentation of its own case. The fees and expenses of the arbitrator and the hearing room and any other expenses incidental to the arbitration hearing shall be shared equally by the parties The arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way, the provisions of this Agreement or any written amendment or supplement thereto or to extend its duration, unless the parties have agreed, in writing, to give the arbitrator specific authority to do so, or to make an award which has this effect The parties agree that the steps, time limits and conditions specified in Articles 8 and 9 shall be binding upon the parties unless an extension of such time limits has been mutually agreed to in writing, notwithstanding the provisions of the Labour Relations Act, as amended, the parties agree that these time limits shall not be extended by an arbitrator in arbitration. 11

12 ARTICLE 10- SENIORITY Seniority shall be defined as length of continuous service within the bargaining unit Newly hired employees shall serve a probationary period of ninety (90) days. Probationary employees shall have no seniority rights during this period. Upon completion of the probationary period, the employees shall have his or her seniority dated back to the start date During the probationary period, an employee shall be considered as being employed on a trial basis and may be dismissed for any reason at the sole discretion ofthe Employer. Any termination or release occurring during the probationary period shall be deemed to be for just cause, tmless the Employer acts in bad faith or its discriminatory manner On January 1 and July 1 of each year, a full-time employee and part-time employee list (including classification) shall be prepared and posted by the Employer with copies supplied to the Union An employee who accepts a transfer or promotion out of the bargaining unit shall retain any seniority acquired to the date of such appointment and will continue to accrue seniority for up to three (3) months. However, such seniority shall be lost and no further accrual will take place if the employee does not return to the bargaining unit within three (3) months from the date of such appointment. 12

13 10.06 Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be terminated if the employee: (a) resigns from employment with the Employer; (b) retires; ( c) is discharged for just cause (d) fails to report to work within three (3) working days after being recalled by telephone call or letter from the Employer following a layoff, or fails to report for work on the date and at the time specified in the notice; (e) fails to return to work on the date agreed upon after the completion of a leave of absence or uses an approved leave of absence for purposes other than that given as the reason for the leave; (f) If it is confirmed that the employee reports for work under the influence of illicit drugs or alcohol or consumes illicit drugs or alcohol during shift; (g) is absent without leave for three (3) working days and without an explanation satisfactory to the Employer; or (h) is laid off or does not perform work for the Employer for a period of twelve (12) consecutive months (a) Subject to paragraph (b), in the event of a lay-off, which is expected to exceed seven (7) days, the Employer shall reduce the workforce in the affected classification in the following sequence: First -lay-off employees who have not completed their probationary period in accordance with Article 10.02; Second -lay-off part time employees; Third -lay-off full time employees Subject to paragraph (b), recall shall be in the reverse order ofthe above steps. 13

14 (b) In determining which employee( s) shall be laid off (or recalled) under each step in the above sequence, seniority shall be the governing factor, provided the remaining employees have the immediate skill and ability to perform the available work (a) In the event a part-time employee is laid off pursuant to Article 10.07, that employees shall only have the right to bump another part-time employee who has less seniority, provided that laid off employee has the immediate skill and ability to perform the work of the employee being bumped. (b) In the event a full-time employee is laid off pursuant to Article 10.07, that employees shall only have the right to bump any part-time employee or full-time employee who has less seniority, provided the laid off employee has the immediate skill and ability to perform the work of the employee being bumped If an employee exercised his right to bump in accordance with Article , the employee shall be reclassified and paid at the rate of the position he bumps into The parties agree that bargaining unit employees do not have the right to bump other employees except in accordance with Article For the purpose oflay off only, an employee who has one (1) year of continuous service with the Employer and who is appointed or otherwise selected as a Shop Steward shall, for the duration of his term of office, be deemed to have the highest seniority of his classification and shall be the last employee laid-off in such classification, provided he is wiling and satisfactorily performs the available work. 14

15 ARTICLE 11 -VACANCIES Where the Employer elects to fill a bargaining unit position, it shall be posted for a period of seven (7) days The Employer shall not be required to follow the posting procedure contained in this Article ifthe vacancy is not expected to exceed thirty (30) days, or if the vacancy is caused by illness, accident, vacation, leave of absence, pregnancy or parental leave, layoff or a posting under this Article The Employer may elect to full a permanent vacancy for a temporary period not to exceed thirty (30) days without compliance with the posting and selection process contained in this Article When filling many postings under this Article, the Employer will consider the employee's knowledge, training, skills, performance, qualifications and ability to perform the required work. If the Employer considers certain employees relatively equal on the basis of these factors, seniority shall govern. If none of the employees who apply for the posting are qualified to perform the position, the Employer may elect to hire a new employee to fill the position An employee promoted or transferred to a new position within the bargaining tmit, shall serve a trial period for up to thirty (30) days worked in the new position. If the employee is unable during this period to meet the requirements in a manner satisfactory to the Employer or the employee finds the job unsatisfactory, he or she will be returned to the former position, without loss of seniority and at the former hourly rate, and the vacancy may be filled without further posting. Any other employee promoted or transferred because of the rearrangement of positions shall be returned to his or her former position without loss of seniority and at the former hourly rate ~~~ --

16 11.06 The name of the successful applicant for the posted job shall be posted on the Bulletin Board Any employee who has successfully completed the trial period in the new position shall not be entitled to apply for another posted position for six (6) months from the completion of the trial period, except with the written permission of the Employer Promotions or transfers to positions outside of the bargaining unit shall not be subject to the provisions of this Agreement If the Employer creates a new classification during the term of this Agreement, the Employer will set the wage rate and notify the Union. Ifthe Union disagrees with the rate, the Union will advise the Employer within thirty (30) days of the Employer's notification. The Employer and the Union will then meet to negotiate the rate. If no agreement is reached, the Union may refer the matter to arbitration within thirty (30) days of the meeting In the event a vacancy occurs to fill a full-time position in one of the Classifications covered by this Agreement, the part-time employee(s) working in that Classification, who has the skills and ability to perform the function, shall be considered first before any outside hiring. 16

17 ARTICLE 12- LEAVES OF ABSENCE The Employer may, at its discretion, grant an unpaid leave of absence provided that the employee has successfully completed the probationary period. The employee's request must be made in writing and indicate the reason for the length of the leave requested. All requests must be submitted to General Manager, not less than fourteen (14) days in advance of the requested date of commencement of this leave. No leave for a period of greater than ninety (90) days will be granted by the Employer. Emergency requests will be considered. The granting of requests for leave of absence will not be unreasonably withheld Pregnancy and parental leaves shall be granted by the Employer in accordance with the Employment Standards Act Jury Duty Leave If an employee is required to serve on a jury or participate in a jury selection process, he will be compensated the difference between the fees paid as a juror (or potential juror) and the amount of pay lost for the hours he was scheduled to work, but could not work because he was required to attend court. However, the Employer will only be required to provide this compensation if the employee: (a) has successfully completed the probationary period (b) notifies the General Manager as soon as he becomes aware of the requirement to serve as juror (or participate in the jury selection process) and provides the Jury Notice; and (c) presents an itemized statement from the appropriate court official indicating the dates, time of service, and fees paid on each date. The employee is required to report to work, if scheduled, for any time that he is not actually required for jury duty. 17

18 12.04 Bereavement Leave (a) An employee who has successfully completed the probationary period shall be granted up to three (3) consecutive calendar days ofleave in the event of death of a father, mother, child, spouse (including legal common law spouse), sister, brother, for the purpose of making arrangements for and/or attending the funeral. The day of the death or day of the funeral must be one of these days off. Payment shall be made only to the extent of time lost on days he was scheduled to work during the above three (3) consecutive calendar days. In order to obtain pay under this Article, an employee must provide proof of death if requested to do so. (b) An employee who has successfully completed the probationary period shall be granted one (1) day of paid leave in the event ofthe death of a grandparent or grandchild for the purpose of attending the funeral. (c) An employee who has successfully completed the probationary period shall be granted one (1) day paid leave in the event of the death of a mother-in-law, father-in-law, brother-in-law or sister-in-law for the purpose of attending the funeral. (d) A request for additional days off without pay for bereavement leave will be considered by the Employer, even though the advance notice provisions of Article have not been satisfied. In addition, employees will be entitled to eight (8) hours unpaid leave in the event of the death of casual friends Union Business Leave (a) Employees who have been selected by the Union to attend Union conventions or conferences or attend to other Union business shall be granted an unpaid leave of absence by the employer so long as a maximum of one (1) person covered by this Agreement is on such leave of absence at any one time. The Union Business Agent shall notify the 18

19 Employer, in writing, not less than twenty (20) days prior to the start of the leave of absence of the name of the member requiring the leave. It is agreed that such leaves of absence shall not exceed five (5) days in aggregate for each calendar year. (b) The Employer agrees to continue the pay of an employee absent from work on authorized union business for the time absent from his scheduled work. The Union shall reimburse the Employer for such wage payment upon receipt of a monthly statement. Before any payment is made by the Employer under this provision, authorization by the Local Union President, in writing, shall be provided to the General Manager. ARTICLE 13- REPORTING FOR WORK & CALL BACK (a) Subject to paragraph (b) where an employee reports for his scheduled shift and there is no work, the employee shall be paid for four (4) hours at his regular rate of pay. (b) Paragraph (a) does not apply if: (i) the Employer notifies the employee not to report for work at least four ( 4) hours before the start of his scheduled shift (ii)the lack of work is due to fire, flood, power failure or other cause clearly beyond the control of the Employer; (iii) the employee does not report for work on time; or (iv) the employee requests or agrees to leave work before the end of the shift An employee who has left after the completion of his regular shift and is called back to work shall receive a minimum of four ( 4) hours pay at his regular straight time hourly wage rate. 19

20 ARTICLE 14-HOLIDAYS Subject to Article 14.02, employees will receive the following holidays with pay: New Year's Labour Day Good Friday Thanksgiving Victoria Day Christmas Canada Day Boxing Day Civic Day Birthday Floating Holiday (full-time employees) Employees shall be eligible to be paid their normal hourly rate of pay up to a maximum of eight (8) hours for a holiday noted above, provided they: (a) have been in the employ of the Employer for three (3) months; (b) work the scheduled shift immediately prior to the holiday and the first scheduled shift after the holiday, unless they have received prior written permission to be absent for one of the qualifying days, (c) have worked and earned wages on at least twelve (12) days during the six (6) work weeks immediately preceding the holiday, and (d) are on the active payroll of the Employer and not on leave of absence, sick leave, worker's compensation or lay-off Time worked on a holiday shall be compensated at a rate of one and one-half (1 112) the employee's regular hourly rate of pay. In addition, the employee shall receive holiday pay provided the employee qualifies for that holiday pay under Article There shall be no duplicating or pyramiding of premium pay for overtime worked and hours worked on a holiday. 20

21 14.04 Provided the employee qualifies for holiday pay under Article 14.02, if one of these holidays falls within an employee's vacation time, the employee is entitled to an additional vacation day or, if mutually agreed, an extra day's pay. The additional vacation day must be agreed upon beforehand by the employee and the Employer. ARTICLE 15- VACATION ENTITLEMENT (a) Employees who have been employed for less than one (1) year shall receive a vacation in accordance with the Employment Standards Act. (b) Employees shall receive the following annual vacations with pay based on their completed years of service: Years of Service One (1) to five (5) Five (5) or more Ten (1 0) or more Entitlement Two (2) weeks Three (3) weeks Four (4) weeks For each week of vacation entitlement, employee vacation pay shall be calculated on the basis of two percent (2%) of the employees' earnings (excluding vacation pay) in the year preceding the employee's current vacation year. Vacation pay will be issued on a separate cheque Employees shall submit their request for vacation in writing by February 1of each year. The Employer will post the approved vacation schedule by April 15 of each year. Vacation requests will be granted based on seniority within each classification, subject to the Employer's operational requirements and the need to maintain minimum staffing levels. If an employee fails to submit a request for scheduled vacation by February 1, the Employer may unilaterally assign the employee's vacation.

22 15.04 Vacations are not cumulative and cannot be carried forward into the next vacation year An employee who has ceased to be employed by the Employer before receiving his vacation pursuant to the provisions of this Article shall receive vacation pay in accordance with the provisions of the Employment Standards Act. ARTICLE 16- WAGES AND CLASSIFICATIONS Job classification and wage rates are set out in the attached Schedule "A" to this Agreement During the probationary period, employees, at a minimum, shall receive the hourly minimum wage prescribed by the Employment Standards Act plus twenty-five (25) cents. ARTICLE 17- HOURS OF WORK AND OVERTIME The provisions of this Article are intended to define the normal hours of work as a basis for calculating time worked and shall not be construed as a guarantee of hours of work per day or per week, nor a guarantee of a working schedule Subject to operational requirements determined by the Employer, the bi-weekly scheduling of shifts with respect to available days off and shift preference will be as follows as far as reasonably practicable: (i) full-time employees, by seniority, in each classification; (ii) part-time employees, by seniority, in each classification. It is understood that based on seniority every effort will be made to accommodate scheduled days off by employees. 22

23 17.03 Daily Distribution of Work- Housekeeping: Subject to day to day operational requirements, the Employer will, as far as reasonably practicable, allocate rooms among employees scheduled to work on any particular day in an equal fashion. If additional rooms become available, senior employees will have the first right ofrefusal. Suites will be consideredl.5 rooms. Failure to have the room attendant's cart properly stocked at the beginning of their shift will result in the Company having to reduce the daily room assignment by one room (a) There shall be a one-half (1/2) hour unpaid meal break per shift of five (5) hours or more. The meal break shall be scheduled by the Employer. (b) Employees will be entitled to a paid fifteen (15) minute rest period during each half (1 /2) shift of four ( 4) hours duration, at a time determined by the Employer and consistent with efficient operations (a) Subject to Article 17.06, the paid hours of work for employees shall normally not be greater than: (i) eight (8) hours in a day (ii) five (5) days in the seven (7) day work week of7:00 a.m. Friday to 6:59a.m. the following Friday; and (iii) forty (40) hours in the work week of7:00 a.m. Friday to 6:59a.m. the following Friday. However, where an employee works more than forty (40) hours in the work week of7:00 a.m. Friday to 6:59 the following Friday, the employee will be paid overtime at time and one-half (1 1/2) the employee's regular hourly rate. 23

24 17.06 Overtime (a) The Employer may schedule hours of work in excess of those refeited to in Article and require employees to work such hours. The Employer agrees to seek volunteers (on a seniority basis) to perform any necessary overtime work from among those employees qualified to perform the work. In the event that insufficient volunteers are available, the Employer shall assign such overtime work to the most junior employees first, who are qualified to perform the required work. (b) There shall be no duplicating or pyramiding of overtime, or other premiums provided for in this Agreement. (c) Only hours actually worked on a holiday will be included in the Employee's total weekly hours for the purpose of calculating overtime Shift schedules will be posted seventy-two (72) hours prior to the scheduled work week The Executive Housekeeper will determine the instance where the allocation of rooms will be lowered due to extremely dirty rooms, or where help will be allocated for that particular room. ARTICLE 18- BULLETIN BOARD The Employer shall provide a bulletin board for posting Union notices. The Union shall provide the General Manager, or his designate, with copies in advance. Notices critical of the Employer or which are political advertisements in nature will not be posted. 24

25 ARTICLE 19- HEALTH AND SAFETY The Employer, the Union and the employees agree to co-operate in the prevention of accidents and the promotion of safety and health of the employees during the hours of their employment It is the responsibility of each employee to work safely, to perform his job properly in accordance with established procedures The Employer, the Union and the employees agree to comply with the provisions of the Occupational Health and Safety Act. ARTICLE 20- BENEFIT PLANS Benefit and Pension plans are set out in Schedule "B" attached to this agreement. ARTICLE 21- GENERAL It shall be the responsibility of each employee to notify the Employer promptly in writing of any change in address or telephone number. Letters sent by the Employer to the address on record or telephone calls to the telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any provision of this Agreement An employee shall be granted access to his personal file within a minimum of three (3) days of advance notice to the General Manager. A meeting will be scheduled at a convenient time by the General Manager of his designate. 25

26 21.03 Individual Agreement No employee covered by this Agreement will enter into any individual Contract or Agreement with the Employer concerning wages or working conditions that will in any way conflict with the terms of this Agreement All references to "days" in this Agreement means "calendar days" unless specified otherwise Maintenance employees shall receive a $85.00 per year show allowance The Employer will pay for each employee into the Humanity Fund one cent ($0.01) for each hour worked. 26

27 ARTICLE 22- TERM This Agreement shall become effective as ofnovember 1, 2010 and shall continue in effect up to and including October 31,2013, or successive period of one (1) year thereafter. If either party wishes to negotiate a renewal of this Agreement, that party must give written notice to the other, not more than ninety (90) days prior to the expiry date, or any successive anniversary date thereafter, of its desire to enter into negotiations and both parties shall thereupon enter into negotiations in good faith and make every reasonable effort to secure renewal. SIGNED at Toronto, Ontario this day of, For United Food and Commercial Workers International Union Local333 For Inn Vest Hotels GP Ltd. o/a North York Travelodge

28 SCHEDULE "A" EFFECTIVE ON RATIFICATION CLASSIFICATION PRESENT UPON RATIFICATION *Room Attendants $ Laundry $ Maintenance/Houseperson Cooks $ Server $ Dishwasher $ NOTES: *Based upon 8.0 hours per shift and eighteen (18) rooms per shift Elaine Banton in Laundry Classification effective upon Ratification November 1, 2011 November 1, 2012 November 1, 2013 $13.18 $13.57 $13.98 $

29 SCHEDULE "B" BENEFIT AND PENSION PLANS In addition to the wages regularly to be paid by the Company to the employees as provided in the Agreement, the Company shall contribute to the United Food and Commercial Workers International Union a sum equal to: $165 (plus R.S.T.) per month effective upon ratification. For each employee in service covered by this Agreement who is on the payroll for services rendered during any regular period, provided that such employee has been employed a minimum of twenty-four (24) hours per week and has been in the employ of the Company for a period of (90) days. (a) Such contributions shall be paid monthly and shall be used solely for the purpose of providing health, welfare and death benefits and such other benefits as may be afforded to eligible employees in accordance with this Agreement. (b) The Company agrees to pay the Health and Welfare Fund Benefits for the month in which the employee becomes sick and the three (3) following months. The Company shall maintain an employee's Health and Welfare Fun Benefits when their hours are reduced below twenty-four (24) hours, through no fault of their own, for that month plus three (3) additional months. (c) Payments to be made by the Company by cheque in favour of the Union Health and Welfare Benefit Fund by the tenth ( 1 ot 11 ) day of each month to the Financial Secretary of the Union. The Company will complete the remittance forms provided by the Union. 29

30 (d) All such monies due to the United Food and Commercial Workers International Union from the Company herein under the provisions of this Agreement shall be segregated each week by the Company until monthly remittance is made to the United Food and Commercial Workers International Union and shall not commingle with the funds of the Company, but shall be held in trust for the benefit of the United Food and Commercial Workers International Union Local,..,,..,,..,.).).). (e) Pension The Company will contribute the pension funds into a pension plan established by the Union and known as the UFCW workers pension plan. The plan is administered by the Benefit Plan Administrators Limited, Suite 200, 135 Queens Plate Drive, Etobicoke, Ontario M9W6Vl. Pension contributions will continue to be $0.40 per hour for years 1 and 2. Pension contributions will be increased by $0.10 for a new total of $0.50 per hour in year 3. SIGNING BONUS: Upon ratification of the agreement each full time employee according to seniority list shall receive a signing bonus of $ Each part-time employee shall receive $

31 Retirement Allowance Article For those Employees whose age and service equal 75 and who choose to retire at or after the age of 60 and before age 61 shall be entitled to a lump sum payment of $2, for every :five (5) years of service, or part thereof, to a maximum of $10, For those employees whose age and service equal 75 and who choose to retire at or after the age of 61 and before the age of 62 shall be entitled to a lump sum payment of $1, for every five (5) years of service, or part thereof, to a maximum of $9, For those employees whose age and service equal 75 and who choose to retire at or after the age of 62 and before the age of 63 shall be entitled to a lump sum payment of $1, for every :five (5) years of service, or part thereof, to a maximum of $8, For those employees whose age and service equal 75 and who choose to retire at or after the age of 63 and before the age of 64 shall be entitled to a lump sum payment of $1, for every five (5) years of service, or part thereof, to a maximum of $7, For those employees whose age and service equal 75 and who choose to retire at or after the age of 64 and on or before their 65th birthday shall be entitled to a lump sum payment of $1, for every :five (5) years of service, or part thereof, to a maximum of $5, During the life of this collective agreement, for those Employees whose age and service equal 75 and who choose to retire at the age of 65 or after shall be entitled to a lump sum payment of $1, for every :five (5) years of service, or pmi thereof, to a maximum of $5, For clarity, only Employees whose age is 65 or greater during the term of this collective agreement shall be entitled to this latter provision. For clarity, this applies to all full time employees and regular part time banquet employees only. 31

32 Effective date of ratification, Inn Vest Hotels GP LTD operating as North York Travelodge and U.F.C.W. International Union Local333 agree to the above conditions. [Both parties clarified in bargaining that, in regards to the above article, the parties agree that the Employer shall not be obligated to pay more than two (2) retirement allowances per calendar year. Notwithstanding, any Employee requesting the retirement allowance a calendar year in which the Employer has already paid out two (2) retirement allowances, shall be allowed to continue to work and will receive the full retirement allowance the following year.] 32

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