COLLECTIVE AGREEMENT

Transcription

1 Preflighted by PRINECT (November 24, 2010 / 12:06:54) Sheraton Agrmt Cvr_p01.pdf.1 COLLECTIVE AGREEMENT between SHERATON GATEWAY HOTEL (hereinafter referred to as the Employer) & UNITED STEELWORKERS (hereinafter referred to as the Union) Effective Date: Nov 1st, 2009

2 Preflighted by PRINECT (November 24, 2010 / 12:08:44) Sheraton Agreement_p01.pdf.1 COLLECTIVE AGREEMENT between SHERATON GATEWAY HOTEL (hereinafter referred to as the Employer) & UNITED STEELWORKERS (hereinafter referred to as the Union) Effective Date: Nov 1st, 2009

3 Preflighted by PRINECT (November 24, 2010 / 12:08:46) Sheraton Agreement_p02.pdf.1

4 Preflighted by PRINECT (November 24, 2010 / 12:08:47) Sheraton Agreement_p03.pdf.1 1 INDEX ARTICLE PAGE 1 Purpose Recognition Relationship Management Functions No Strike/No Lockout Union Security Union Stewards / Representation Grievance Procedure Discipline and Discharge Arbitration Seniority Leaves of Absence Bereavement Leave Hours of Work Vacations Holidays Working Schedules Uniforms Bulletin Board Training Programs Pregnancy and Parental Leave Municipal Provincial Law Locks and Lockers Health and Safety Health and Welfare/Weekly Indemnity... 28

5 Preflighted by PRINECT (November 24, 2010 / 12:08:49) Sheraton Agreement_p04.pdf.1 2 ARTICLE PAGE 26 Pension Plan Jury Duty Humanity Fund Wages Duration LETTERS OF UNDERSTANDING 1 Meal Allowance Winter Apparel Overnight Front Desk Supervisor & Evenings Banquets Supervisor Gratuities Scheduling Shift Premiums Food and Beverage Outlet Servers... 34

6 Preflighted by PRINECT (November 24, 2010 / 12:08:50) Sheraton Agreement_p05.pdf.1 3 COLLECTIVE AGREEMENT BETWEEN: SHERATON GATEWAY HOTEL (hereinafter referred to as the Employer) and UNITED STEELWORKERS (hereinafter referred to as the Union) ARTICLE 1 PURPOSE 1.01 The purpose of this Agreement is to establish and maintain working conditions, hours of work and wages with respect to employees covered by this Agreement to provide for the efficient operation of the Hotel, and to provide for a prompt and orderly method of settling complaints or grievances which might arise hereunder 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 2.01 The Employer recognizes United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, allied Industrial and Service Workers International Union (United Steelworkers) as the sole and exclusive bargaining agent of all employees of the Sheraton Gateway Hotel, Toronto International Airport, Terminal 3, Mississauga, Ontario, save and except supervisors,

7 Preflighted by PRINECT (November 24, 2010 / 12:08:51) Sheraton Agreement_p06.pdf.1 4 and those above the rank of supervisor, office, clerical, sales and conference services, security staff, co-op students and students employed during the school vacation periods For the purpose of this agreement: (a) Full-time employee means an employee employed in the bargaining unit who regularly works more than twenty-four (24) hours per week; averaged over a six (6) month period (January 1 June 30, July 1 December 31). (b) Part-time employee means an employee employed in the bargaining unit described in 2.01 who regularly works twenty-four (24) hours per week or less averaged over a six (6) month period (January 1 June 30, July 1 December 31). **for clarity, an employee s status as full time employee will not be effected if an employee works 24 hours per week or less, averaged over a 6 (six) month period for reasons which include, pregnancy and/or parental leave, approved leave of absence, approved medical leave, or approved leaves as set out in the collective agreement. (c) If two (2) part-time employees go to full-time status on the same day, use departmental start date to determine placement on seniority list. (d) Where a full time employee becomes a part-time employee he/she shall be inserted at the top of the part-time employee seniority list for the Department involved. When a part-time employee becomes a fulltime employee he/she shall be inserted at the bottom of the full-time seniority list for the Department involved

8 Preflighted by PRINECT (November 24, 2010 / 12:08:53) Sheraton Agreement_p07.pdf.1 5 and his/her seniority date for the purpose of that list shall be the date he/she became a full-time seniority employee in that Department. However, when a fulltime employee becomes part-time after bi-annual review but then works full-time hours in the review period that immediately follows, he/she shall be reinserted on the full-time seniority list in accordance with his/her date of hire in the Department involved New Classifications If the Company introduces a new classification that is not listed under Article 29 Wages, the Employer shall include the new classification in to the Collective Agreement with a wage rate. If the Union does not agree with the wage rate set by the company, it may file a grievance within thirty (30) days of introduction of the classification, contesting the rate and referring it to arbitration The Union and the Company agree that employees who are not covered under the scope will not normally be scheduled to work or perform bargaining unit work, except for the purpose of instruction, training or emergency situations. ARTICLE 3 RELATIONSHIP 3.01 The Employer 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 activity or lack of activity in the Union The Union further agrees that there shall be no solicitation for membership or other Union activities during working

9 Preflighted by PRINECT (November 24, 2010 / 12:08:54) Sheraton Agreement_p08.pdf.1 6 hours except as specifically permitted by this Agreement or in writing by the Employer Freedom from Discrimination The Employer and Union cannot and will not condone discrimination or personal harassment that is based on sex, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, sexual orientation, family status or handicap, or for any other grounds declared unlawful by Ontario Human Rights legislation Union Access Properly authorized representatives of the Union shall be permitted to enter the premises at reasonable times to meet with employees and Union Stewards regarding Union business, upon notifying the Human Resources Director, or her designate, when they arrive. The Union acknowledges that employees and Union stewards have their regular duties to perform and as such they will not leave their regular duties without first obtaining permission from their supervisor, which permission will not be unreasonably withheld, subject to customer service and the efficient operation of the Hotel. When an employee or Union Steward resumes her regular duties, she will report again to her supervisor All reference to the male gender in this Agreement shall be read as applying to the female gender where the context would apply Where the singular is used throughout the Article within this Agreement it is agreed that the plural is an acceptable substitute wherever the plural gender is applicable.

10 Preflighted by PRINECT (November 24, 2010 / 12:08:55) Sheraton Agreement_p09.pdf.1 7 ARTICLE 4 MANAGEMENT FUNCTIONS 4.01 The Union agrees that supervision, management and control of the Employer s business operations and facilities are exclusively the function of the Employer and that the Employer has the right to make such reasonable rules, regulations and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business. Without limiting the generality of the foregoing, it is the exclusive function of the Employer, except where expressly modified by this Agreement to: (a) maintain order, discipline and efficiency and in connection therewith, make, alter and enforce from time to time, reasonable rules and regulations, policies and practices to be observed by its employees, and discipline or discharge for just cause, employees who have successfully completed their probationary period; (b) select, hire, discharge, transfer, assign to shifts, promote, classify, layoff, recall employees and select employees for positions excluded from the bargaining unit; (c) determine the location of operations, their expansion and their curtailment, the schedules of operations, the number of shifts, job content, quality and quantity standards, the establishment of work or job assignments; add, change, combine or abolish job classifications, determine the qualifications of an employee to perform any particular job, the nature of tools, equipment and machinery, methods or processes; decide on the number of employees needed by the Company at any time;

11 Preflighted by PRINECT (November 24, 2010 / 12:08:56) Sheraton Agreement_p10.pdf.1 8 (d) have the sole and exclusive jurisdiction over all operations, buildings, suppliers, facilities and equipment The Company agrees not to exercise its rights in a manner inconsistent with the provisions of the collective agreement. ARTICLE 5 NO STRIKE NO LOCKOUT The Union agrees there shall be no strike as defined under the Labour Relations Act during the term of this agreement. The Hotel agrees there shall be no lockout by it as defined under the Labour Relations Act during the term of the agreement. ARTICLE 6 UNION SECURITY 6.01 The Company and Union agree that all present employees who are members of the Union shall, as a condition of employment, remain members of the Union and all new employees hired after the effective date of this agreement shall become and remain members of the Union as a condition of their employment The Company shall deduct from the pay of each member of the bargaining unit, biweekly, such union dues, fees and assessment as prescribed by the Constitution of the Union The Company shall remit the amounts so deducted, prior to the tenth (10th) day of the month following, by cheque, as directed by the Toronto Area Office, payable to the International Secretary-Treasurer The monthly remittance shall be accompanied by a statement showing the name of each employee from whose pay deductions have been made and the total amount deducted for the

12 Preflighted by PRINECT (November 24, 2010 / 12:08:57) Sheraton Agreement_p11.pdf.1 9 month. Such statements shall also list the names of the bargaining unit employees from whom no deductions have been made and the reasons why, along with any forms required by the Interna tional Union The Union agrees to indemnify and save the Company harmless against all claims or other forms of liability that may arise out of, or by reason of deductions made or payments made in accordance with this Article The Company will show the amount of Union dues deducted annually on each employee s T-4 Income Tax receipt The Company agrees to provide the Union with an update of the employees addresses and telephone numbers and forward electronically by upon request by the Union Printing and Distributing the Collective Agreement The Union and the Employer agree to split the cost of printing and distributing sufficient quantities of the Collective Agreement, with the Employer making the necessary arrangements No Contract Inconsistent with this Agreement The Employer and the Union agree that no officers of the Employer or employees, may enter into any contract inconsistent with this Agreement. ARTICLE 7 UNION STEWARDS / REPRESENTATION 7.01 The Employer acknowledges the right of the Union to appoint or select a negotiation committee of not more than six (6) employees covered by the Collective Agreement along with only Representatives of the International and/or

13 Preflighted by PRINECT (November 24, 2010 / 12:08:58) Sheraton Agreement_p12.pdf.1 10 Local Union for the purpose of negotiating a renewal Agreement pursuant to notice given under Article 30 Duration. Committee members shall be compensated for wages (up to a maximum of 40 hours) and shall have continued benefit coverage and contributions to the Pension Trust Plan for members of the committee for scheduled meetings between the parties for the negotiation of the Collective Agreement. There will be no compensation for the time spent outside of regular working hours, nor will hours under the provision attract overtime pay The Union may elect or appoint not more than seven (7) stewards from among employees in the bargaining unit who have completed their probationary period, for the purpose of assisting employees in the presentation of grievances in accordance with the provisions of this Agreement The Union shall keep the Employer notified in writing of the names of the Chairperson, current stewards, and members of the negotiating committee It is agreed that stewards shall continue to perform their regular duties and responsibilities for the Employer and shall not leave their regular duties without having first secured permission from their immediate supervisor. Such permission should not be unreasonably withheld, subject to customer service and the efficient operation of the Hotel Stewards requesting time off for the purposes of servicing grievances under the Collective Agreement shall advise their immediate supervisor of their business and report to such supervisor at the time of their return to work, subject to permission being granted under Article If, in the course of

14 Preflighted by PRINECT (November 24, 2010 / 12:09:00) Sheraton Agreement_p13.pdf.1 11 such time off, they visit another section, they shall advise the supervisor of the section of their business. Stewards shall be compensated for time lost under this provision Union Chairperson Union Chairperson appointed in accordance with the provisions of this agreement shall not be laid off because of lack of work, so long as he/she is capable and has the skill and ability to perform any work available in his/her respective department. ARTICLE 8 GRIEVANCE PROCEDURE 8.01 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. For the purpose of this Article, reference to days relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays, and vacations It is the mutual desire of the parties hereto that complaints of employees shall 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 his response to the complaint within five (5) days and, failing

15 Preflighted by PRINECT (November 24, 2010 / 12:09:01) Sheraton Agreement_p14.pdf.1 12 settlement, or failing a response, it may then be taken up as a grievance within five (5) 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 immediate supervisor shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Failing settlement: Step #2 Within five (5) days after the decision in Step #1, the Union may submit the grievance in writing to the Director, Human Resources, or his designate. A meeting will then be held between the Director, Human Resources, or designate, and Union Steward, or designate, and the grievor if either party requests. Such meeting shall be held within (10) 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 Employer may also have such counsel and assistance as it may desire. The decision of the Director, Human Resources, or his designate shall be delivered in writing within ten (10) days following the date of such meeting.

16 Preflighted by PRINECT (November 24, 2010 / 12:09:02) Sheraton Agreement_p15.pdf.1 13 Step #3 If final settlement of a grievance is not reached at Step 2 then a grievance may be referred, in writing, by either party to Arbitration as provided in Article 10, at any time within (15) calendar days after the decision is received under Step 2 or the time allowance for a decision has passed Policy Grievance It is agreed that a grievance arising directly between the Employer 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 bypassed. Policy Grievances must be originated within 10 days of the event having occurred or the Employee being made aware of the issue Group Grievance 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. Group Grievances must be originated within 10 days of the event having occurred or the Employee being made aware of the issue A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at Step #2 of the grievance procedure

17 Preflighted by PRINECT (November 24, 2010 / 12:09:03) Sheraton Agreement_p16.pdf.1 14 within five (5) days after the date the discharge is effected. An employee discharged without prior notice will be entitled to see his Union steward prior to leaving the Hotel if circumstances warrant. It is understood, however, that failure to comply with the requirement to have a Union Steward present shall not void the termination Any employee who is discharged or disciplined will be advised to have a Union Steward or his designated delegate present at the meeting with the Employer. The Employer agrees to provide the Union Steward or his delegate, copies of all disciplines or discharge letters. It is understood and agreed however, that failure to comply with this section shall not void the discharge or discipline Discipline and discharge notices issued to employees shall set out reasons for the discipline or discharge. The employee may be asked to sign a copy of a notice to acknowledge receipt, and that acknowledgment is not an admission of guilt. ARTICLE 9 DISCIPLINE AND DISCHARGE 9.01 No suspension against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than eighteen (18) months old. No verbal or written warnings against an employee shall be used in a subsequent disciplinary proceeding if such prior incident is more than fifteen (15) months old.

18 Preflighted by PRINECT (November 24, 2010 / 12:09:04) Sheraton Agreement_p17.pdf.1 15 ARTICLE 10 ARBITRATION 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 under Step #3, 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 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date the employee ought reasonably to have become aware of the alleged violation. It is the employee s obligation to make themselves aware of the provisions of the collective agreement The Employer may dismiss a probationary employee for any reason in its sole discretion and an arbitrator shall have no jurisdiction to entertain any grievance (except where it is alleged that applicable legislation has been violated) resulting from the termination of a probationary employee When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this Agreement, and the Employer and the Union will mutually agree upon a single arbitrator. Should the Employer and the Union fail to agree upon an arbitrator within ten (10) days,

19 Preflighted by PRINECT (November 24, 2010 / 12:09:06) Sheraton Agreement_p18.pdf.1 16 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, unless the parties mutually agree 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 commenced promptly by the parties hereto and the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned Each of the parties hereto will share equally the cost of the arbitrator s fees and expenses The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them The parties agree that theft from the Hotel, or a guest or an employee, shall be grounds for discharge. ARTICLE 11 SENIORITY Probationary Period An employee will be considered on probation and will not be placed on a classification or departmental seniority list until

20 Preflighted by PRINECT (November 24, 2010 / 12:09:07) Sheraton Agreement_p19.pdf.1 17 she/he has actually worked sixty (60) days or six (6) months, whichever comes first. During the probationary period, the employee will be entitled to no seniority and may be released in accordance with Article 10.04, or laid off at the discretion of the Employer. Upon completion of the probationary period, the employee s name will be entered on the appropriate departmental and classification seniority lists with seniority dated from the date last hired. Departmental seniority shall be based on the length of service with the employer in the employee s current department from the date of commencing work in said department Classification and Department Seniority (i) Department Seniority Department seniority shall be based on the length of service with the Employer in the employee s current department from the date of commencing work in said department. Subject to the other applicable provisions of this agreement, seniority in the department shall apply to reduction in working hours, temporary transfers to a higher paid job, promotions, lay-off and recall. (ii) Classification Seniority Classification Seniority shall govern the selection of available days off, selection of available shifts and choice of available overtime Lists (a) Seniority lists based upon the date on which employees commenced to work in their current department showing said date, as well as the date of hire in the Hotel, if different, shall be maintained for each department, and posted and supplied to the union at intervals of six (6)

21 Preflighted by PRINECT (November 24, 2010 / 12:09:08) Sheraton Agreement_p20.pdf.1 18 months. In the event of a discrepancy, the information contained in the relevant documents shall prevail. (b) Employees will have 10 working days from the date of the posting to dispute any changes to the seniority list Transfers When an employee is transferred or transfers to another department in the bargaining unit, the employee must start accumulating seniority in the new department unless the transfer is for less than sixty (60) working days. When the transfer is less than sixty (60) working days, and the employee is returned to her/his original department within that period of time, seniority for that employee will continue to accumulate in the original department during her/his absence there from. If the transfer originally thought to be less than sixty (60) working days becomes longer than sixty (60) working days, then the department seniority in the new department will commence on the date the employee started in that department Temporary Transfer In cases of temporary transfer, which are defined as transfers of four (4) hours or more in a given day, an employee shall receive her/his own rate of pay or the rate of the job to which she/he is assigned, whichever is higher, for all hours worked during that transfer Layoff and Recall (a) Where it is necessary to reduce the workforce in a department, seniority will be the guiding factor, so long as the available employees have the skill, ability and efficiency to do the work. Within this rule, employees on probation in the department shall be the first laid off.

22 Preflighted by PRINECT (November 24, 2010 / 12:09:09) Sheraton Agreement_p21.pdf.1 19 Part-time employees in the department shall be laid off next. Full-time employees in the department shall be laid off last. (b) In the case of layoff, an employee with more seniority will have the right to bump an employee with lesser seniority within the same department, provided she/he is willing to do the job, and has the skill, ability and efficiency to do the job. The employee shall be paid the rate established for the classification into which he/she bumps, where the classification is a lower job rate than the employee s own classification. The employee shall be paid his/her own classification job rate where he/she bumps into a classification with a higher job rate than the employee s own classification. Employees who are laid off will be retained on the Company s seniority list twelve (12) months after which they may be struck from the list. (c) Before any employees are hired in the department, laid off employees in the department shall be recalled to work by registered mail in the reverse order to which they were laid off Posting of Vacancies Where permanent vacancies in the bargaining unit occur, which the Employer decides to fill, the Employer shall post a notice containing the relevant information of the position on the bulletin board for ten (10) calendar days. A copy of the notice shall be sent to the Union Chairperson. The posting of vacancies or promotions does not oblige the Employer to fill them.

23 Preflighted by PRINECT (November 24, 2010 / 12:09:11) Sheraton Agreement_p22.pdf Promotions In such cases, skill, ability and performance record of the employee shall be the governing factors, and where such factors are relatively equal between candidates, departmental seniority will be the governing factor Filling Positions Within two (2) working days of the date of the appointment to a vacant position or promotion, the name of the successful applicant shall be given in writing to the union. Where applicants for vacancies or promotion do not receive the position applied for, they shall be given the reasons why their application was refused Hiring from Outside Where there are not successful applicants to a job posting the Employer may hire from outside the bargaining unit Trial Period An employee moved to a vacancy or promoted, within the bargaining unit, will be on a trial period of sixty (60) working days. During this period, the Employer or the employee may decide that the transfer is not successful, in which case the employee will be returned to her/his previous position. Should an employee decide that the transfer was not successful and wishes to return to their previous position they will be prohibited from applying for another transfer for a period of six (6) months from the date of return to their classification Loss of Seniority An employee shall lose all seniority and her/his employment shall be deemed to have been terminated if she/he: (a) Voluntarily leaves the employ of the Employer;

24 Preflighted by PRINECT (November 24, 2010 / 12:09:12) Sheraton Agreement_p23.pdf.1 21 (b) Is discharged and is not reinstated through the grievance and/or arbitration provisions of this Agreement; (c) Is laid off for a period of twelve (12) months; (d) Fails to return to work upon termination of an authorized leave of absence, unless an extension to the leave of absence has been granted by the Employer; or utilizes a leave of absence for a purpose other than that for which the leave of absence has been granted; (e) Fails to return to work five (5) working days after being recalled from layoff by notice sent by registered mail, or fails to advise of her/his intention to return within three (3) working days following such notice. Such notices are sufficient if sent to the last address of the employee made known by the employee to the Human Resources Department in writing; (f) If absent from scheduled work for a period of three (3) consecutive days without notifying the Employer of such absence and providing a reason satisfactory to the Employer Employee s Address and Telephone It shall be the duty of the employee to notify the Employer s Human Resources office promptly, in writing, of any change in her/his address and telephone number. If an employee fails to do this, the Employer shall not be responsible for the failure of any notice to reach her/him and any notice which is sent to the address which appears in the Employer s personnel records shall be conclusively deemed to have been received by the employee on the third (3rd) day after it was so sent.

25 Preflighted by PRINECT (November 24, 2010 / 12:09:13) Sheraton Agreement_p24.pdf Scheduling The Employer will make reasonable efforts, in accordance with seniority, to schedule employees for regular consecutive days off each week, as well as shifts and overtime. The Employer has the right to fill hours in reverse order of seniority if no employee agrees to take the hours made available. ARTICLE 12 LEAVES OF ABSENCE The Employer will grant 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) week in advance. At the Employer s discretion, a leave of absence may be granted with less than one (1) week s advance notice. The total cumulative leave of absence granted to all employees in the bargaining unit hereunder shall not exceed forty (40) days during each contract year, and nor shall more than two (2) employees absent themselves at the same time, subject to the right of the Employer maintaining an adequate and qualified workforce. The number of days and employees herein may be expanded by the Employer if business conditions permit The Employer shall have sole discretion in granting a leave of absence without pay and benefits and without loss of seniority to an employee who has two (2) years of continuous service with the Employer. Such leaves of absence shall not exceed sixty (60) days in a calendar year. Such discretion shall not be arbitrarily exercised.

26 Preflighted by PRINECT (November 24, 2010 / 12:09:14) Sheraton Agreement_p25.pdf Emergencies The Employer shall not unreasonably deny any leave of absence request for personal emergencies. The Employer reserves the right to require proof of emergency leave request. Employees should be entitled to leave as set out in the Employment Standards Act, Other Requests In the case of other leave of absence requests, Employer approval will be subject to its ability to maintain a satisfactory working schedule and qualified workforce In Writing All requests for leave of absence under this Article shall be in writing to the Department Manager, or her designate, in as far advance as practicable and in any event, subject to leave of absence requests for personal emergencies, no fewer than thirty (30) calendar days prior to commencement of the requested leave of absence. The Employer agrees to reply to such requests in writing within seven (7) working days, or whenever practicable. ARTICLE 13 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. Immediate family shall mean spouse, child, father, mother, brother, sister. If, however, the funeral is not attended, he will be paid for time lost on only one of the above-mentioned days.

27 Preflighted by PRINECT (November 24, 2010 / 12:09:16) Sheraton Agreement_p26.pdf In the event of a death of a grandparent, father-in-law, mother-in-law, brother-in law or sister-in-law a full time 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 Where the term spouse is used in this article, it shall include common-law spouse, as defined in the Family Law Act, ARTICLE 14 HOURS OF WORK The normal work week for full time employees shall consist of forty (40) hours per week 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 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 any week or eight (8) hours in any day shall 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. When overtime is required, the Employer will distribute available over time work as equitably as practically possible amongst qualified employees. It is understood and agreed however that any valid claim of inequitable distribu-

28 Preflighted by PRINECT (November 24, 2010 / 12:09:17) Sheraton Agreement_p27.pdf.1 25 tion shall result only in an employee s entitlement to the next opportunity to perform scheduled overtime in his department that he is qualified to perform Where an employee reports for work at the commencement of his regularly scheduled shift, unless otherwise notified in advance not to do so, he shall be entitled to a minimum of four (4) hours work or four (4) hours pay at his base rate unless the lack of work is due to reasons beyond the reasonable control of the Employer. An employee so affected shall perform any temporary work assigned to him by the Employer that he is capable of performing at the applicable rate in order to qualify for such pay in the event that his regular duties are not available Where an employee has completed his regularly scheduled shift and has left the Employer premises and without prior notification is called in to work outside his regularly scheduled working hours, he shall be paid a minimum of four (4) hours pay at his base rate Employees will be given one fifteen (15) minute rest period for the first four (4) hours scheduled to work, and worked. Should the employee be scheduled for a second four (4) hours in any one day, then they will be given a second fifteen (15) minute rest period during that four (4) hours. These rest periods will be taken at a time determined by the Employer and will be consistent with efficient operations in each work area of the Hotel and will not be cumulative and not paid if not taken An employee is entitled to a one half (½) hour unpaid meal break following five (5) hours of work.

29 Preflighted by PRINECT (November 24, 2010 / 12:09:18) Sheraton Agreement_p28.pdf The Employer will endeavour to schedule full-time employees two (2) days off in a work week. It is agreed that employees may choose to work more than five (5) days in a work week and overtime will not be paid unless the employee works more than eight (8) hours a day or forty (40) hours in a work week. It is agreed that the work week shall be defined as Sunday 12:00 a.m. to Saturday p.m. ARTICLE 15 VACATIONS All full-time employees shall be entitled to vacations with pay based on length of full-time continuous service as follows: (a) employees who have not completed one (1) or more years of service as of January 1 in any year, shall be entitled to a pro-rated vacation during the calendar year of January 1 to December 31; (b) employees who have completed one (1) or more years of service as of January 1 in any year shall be entitled to a vacation of ten (10) days with 4% of gross wages in that calendar year; (c) employees who have completed four (4) or more years of service as of January 1 in any year shall be entitled to a vacation of fifteen (15) days with 6% of gross wages in that calendar year; (d) employees who have completed ten (10) or more years of service as of January 1 in any year shall be entitled to a vacation of twenty (20) days with 8% of gross wages in that calendar year. (e) Employees who have completed twenty-five (25) or more years of service as of January 1 st in any year shall

30 Preflighted by PRINECT (November 24, 2010 / 12:09:19) Sheraton Agreement_p29.pdf.1 27 be entitled to vacation of twenty-five (25) days with 10% of gross wages in that calendar year. (f) Part time employees will receive 4% of gross wages on every pay and will not be entitled to days. All current part time employees will maintain their current vacation accrual percentage rate for the life of the Collective Agreement. All future part time employees who come from full time status will maintain their full time vacation accrual percentage for the life of the collective agreement There shall be no carry over of vacation from one vacation year to the next without written authorization by the Employer The vacation year shall be defined as being from January 1 to December 31 in any one year Due to the peculiarities of the hotel business, it is recognized that during certain periods, minimum scheduling of vacations is necessary. Therefore, the employer may grant vacations so, as it does not prevent the employer from maintaining a qualified and adequate workforce. Subject to the above requirements, all full time employees with the greatest length of continuous service in his/her classification will be given first choice of vacation dates Vacation credits shall not be cumulative from year to year Employees will be required to submit vacation preferences in writing to their manager by March 1 of each year. Vacation requests submitted after the deadline will be considered on a first come first serve basis. If the employee fails to submit a

31 Preflighted by PRINECT (November 24, 2010 / 12:09:20) Sheraton Agreement_p30.pdf.1 28 vacation request the manager will assign vacation based on availability The vacation schedule in its final form will be posted by department by March 31 of each year Employees shall receive vacation payments on the pay period prior to their departure for vacation provided it is requested in writing two weeks prior to the pay date. Should the request not be received by this date, the vacation pay will be paid on the next pay cycle Any vacation pay accrued in excess of yearly entitlement shall be paid out prior to January Changes to approved vacation schedules can only be altered by mutual consent of the parties Leave of Absence Requests Where an employee requests approval for a leave of absence, he/she will be required to take any unused vacation prior to taking unpaid leave of absence. All requests are subject to and in accordance with Article 12 Leaves of Absence and with the Employer s right to maintain an adequate workforce. ARTICLE 16 HOLIDAYS Employees (subject to the provisions of the Employment Standards Act, 2000) shall be entitled to the following holidays with pay: New Years Day Good Friday Victoria Day Canada Day Thanksgiving Day Labour Day Boxing Day Christmas Day Civic Holiday

32 Preflighted by PRINECT (November 24, 2010 / 12:09:22) Sheraton Agreement_p31.pdf (b) All full-time regular employees who are on the seniority list within the scope of the contract and who have completed the probationary period shall receive pay for the days listed: Employee s Birthday Anniversary Date (Employee start date) Working on such days is paid at straight time and another day is substituted for the day. No premium pay for these two holidays will be paid 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 employee s 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 Employer, or an employee was absent due to: (a) bereavement leave; (b) court duty leave; (c) regularly scheduled vacation; (d) confined to a hospital on one or both of the qualifying days verified to the satisfaction of the Employer and further providing that the employee has or does work 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;

33 Preflighted by PRINECT (November 24, 2010 / 12:09:23) Sheraton Agreement_p32.pdf.1 30 (e) leave of absence for Union business granted under Article 12. NOTE: Any other leave of absence granted by the Employer pursuant to the provisions of this Agreement shall be deemed to be an absence excused by the Employer under this Section providing it does not exceed one week in duration 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 Employer or otherwise provides a reason satisfactory to the Employer Where any of the holidays occur during an employee s vacation period the Employer agrees to provide an additional day off with pay at a time scheduled by the Employer and acceptable to the employee. ARTICLE 17 WORKING SCHEDULES Posting A work schedule shall be posted in a conspicuous place on Thursday for the following week of the starting date of such schedule, for the information of all employees. The work schedule shall contain the following information:

34 Preflighted by PRINECT (November 24, 2010 / 12:09:24) Sheraton Agreement_p33.pdf.1 (i) employee s name (ii) classification (iii) days off 31 (iv) starting and finishing times Each employee is responsible for checking her/his posted work schedule Change in Schedule The Employer reserves the right to change the schedules once they are set, endeavoring to provide 24 hours notice to the employees concerned, based on the operational requirements of the Hotel. Should large fluctuations in business levels occur due to unforeseen circumstances, less than 24 hours of change in schedule may be required Employees shall notify their supervisor(s) of proposed shift exchanges in advance by utilizing the shift change form in writing and authorized by a manager. As this is a continuing privilege, the employees concerned shall be responsible for ensuring that the shift is properly covered. The Employer will not be required to pay overtime which could arise as a result of a shift exchange. For clarity, Employees are not permitted to give away or drop shifts. ARTICLE 18 UNIFORMS Grooming and Hygiene Each employee agrees that she/he will adhere to the grooming and hygiene standards of the Employer as set out in the Employee Handbook.

35 Preflighted by PRINECT (November 24, 2010 / 12:09:25) Sheraton Agreement_p34.pdf Employer Responsibility The Employer agrees to supply uniforms to bargaining unit employees who are required by the Employer to wear uniforms. Uniforms will be cleaned and kept in good repair at no cost to the employee The Employer will provide adequate protective clothing for dishwashers. ARTILCE 19 BULLETIN BOARD The Employer agrees to provide a bulletin board in the staff cafeteria for the Union. All Union notices must be signed by an official of the Union and submitted to the Human Resources Manager, or her designate, for approval before being posted. Such approval will not be unreasonably withheld. The Union agrees that it will not post notices/information which are/is disparaging of the Employer or other companies in the hospitality industry. ARTICLE 20 TRAINING PROGRAMS Each employee shall participate in all Employer programs when directed to do so by the Employer. For non mandatory meetings or training, employees shall be paid for the length of the meeting/training only, regardless of how many hours the meeting/training occurs For mandatory meetings or training, employees shall be paid a minimum of four (4) hours so long as when the training does not continue for four (4) hours, the employees agree to work the remaining hours as required. Where the employee

36 Preflighted by PRINECT (November 24, 2010 / 12:09:26) Sheraton Agreement_p35.pdf.1 33 does not agree to work the remaining hours, as required, he/ she shall only be paid for the length of the meeting/training. ARTICLE 21 PREGNANCY AND PARENTAL LEAVE Pregnancy and parental leave shall be granted in accordance with the terms set out in the Employment Standards Act, ARTICLE 22 MUNICIPAL PROVINCIAL FEDERAL LAW It is understood that any changes in Municipal, Provincial or Federal Law which may void any individual portions of the Agreement will be complied with, yet will not be construed to void the remainder of this Agreement. ARTICLE 23 LOCKS AND LOCKERS Locks and uniform storage/lockers are the property of the Employer. All uniform storage/lockers are subject to inspection. The Employer agrees that at no time will inspection take place unless a Union Steward is present. ARTICLE 24 HEALTH & SAFETY The Employer and the Union agree to abide by the provisions of the Occupational Health and Safety Act Health and Safety Committee The Employer and the Union acknowledge the importance of a well functioning Health and Safety Committee with a minimum of two (2) Employee representatives and two (2) Management representatives.

37 Preflighted by PRINECT (November 24, 2010 / 12:09:28) Sheraton Agreement_p36.pdf (a) Full time employees in the culinary, stewarding, housepersons, banquet porters and engineering departments will be reimbursed $60.00 once during the life of this agreement for the purchase of CSA safety footwear upon presentation of a receipt of purchase. (b) New employees in the above noted classifications shall be entitled to safety shoe allowance after the completion of their probationary period. ARTICLE 25 HEALTH AND WELFARE/WEEKLY INDEMNITY The Employer will contribute to the Steelworkers Trusteed Benefit Plan the following amount as benefit premium paid on behalf of full time bargaining unit employees who have completed their probationary period: Date Full Time Employees Part Time Employees July 1, 2010 $184.00/month $79.00/month January 1, 2011 $252.00/month $79.00/month January 1, 2012 $252.00/month $79.00/month January 1, 2013 $252.00/month $79.00/month All benefit plan payments shall be remitted and received by the Steelworkers Trusteed Benefit Plan, on the 1st day of the month. ARTICLE 26 PENSION PLAN Contributions to the Steelworkers Pension Plan The employer will contribute on behalf of each full time regular employee who has completed his or her probationary period the following: