COLLECTIVE AGREEMENT. -and- UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175. (Hereinafter called the 11 Union 11 )

Transcription

1 /., COLLECTIVE AGREEMENT 1 BETWEEN: FORTIS PROPERTIES CORPORATION carrying on business as "Holiday Inn" Windsor, Ontario (Hereinafter called the 11 Employer 11 ) -and- UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (Hereinafter called the 11 Union 11 ) Term of Agreement: May 1, 2013, to April 30,

2 Contents ARTICLE 1- PURPOSE... 3 ARTICLE 2 - UNION SECURITY... 4 ARTICLE 3 - UNION STEWARDS AND COMMITTEES... 5 ARTICLE 4- MANAGEMENT RIGHTS... 7 ARTICLE 5 - RELATIONSHIP... 7 ARTICLE 6 - NO STRIKES, LOCKOUTS, OR PICKETING... 8 ARTICLE 7- GRIEVANCE PROCEDURE... 8 ARTICLE 8 - ARBITRATION ARTICLE 9 - HEALTH AND SAFETY ARTICLE LEAVE OF ABSENCE ARTICLE 11- SENIORITY AND SERVICE ARTICLE 12- JOB VACANCIES ARTICLE 13- LAYOFF, RECALL, TRANSFER ARTICLE 14 - HOURS OF WORK ARTICLE 15- WAGES AND CLASSIFICATIONS ARTICLE 16- VACATIONS ARTICLE 17- PAID HOLIDAYS ARTICLE 18 - HEALTH AND WELFARE ARTICLE 19 - GENERAL ARTICLE 20 - PRINTING OF THE COLLECTIVE AGREEMENT ARTICLE 21 -DURATION OF AGREEMENT SCHEDULE "A" Letter of Understanding Re: Basic Work Week Re: Hotel Facilities Re: Time Limits Re: UFCW Charity Fund Re: Registered Retirement Savings Plan Re: Conference Rooms Re: Vomit Pay Re: Arbitration Re: Employee Orientation Re: Vacation Administration

3 BETWEEN: COLLECTIVE AGREEMENT FORTIS PROPERTIES CORPORATION carrying on business as 11 Holiday Inn.. Windsor, Ontario (Hereinafter called the "Employer 11 ) -and- UNITED FOOD AND COMMERCIAL WORKERS Canada, LOCAL 175 (Hereinafter called the "Union") ARTICLE 1 PURPOSE 1.01 The general purpose of this agreement is to establish and maintain mutually satisfactory working conditions, hours and wages, all as set out herein and to provide the applicable procedure for settling grievances which may arise hereunder, so as to maintain harmonious relations between the Employer and employees covered by this agreement to assist the Employer in the most efficient operation of its business The Employer recognizes the United Food and Commercial Workers Canada, Local 175, as the bargaining agent of all employees of FORTIS PROPERTIES CORPORATION c.o.b. as "Holiday Inn!I, Windsor, save and except Supervisors, persons above the rank of Supervisor, office & sales staff, as per certificate The term 1 'employeeu as used in this Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 1.02 above. For the purposes of interpretation, whenever the feminine gender is used in this Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice-versa, wherever the context so requires The Employer shall not enter into any agreement or contract with those employees for whom the Union has bargaining rights, either individually or collectively The employees of the Employer not covered by this Agreement shall not perform work normally performed by bargaining unit employees, except under the following conditions: a) in emergencies when employees are not immediately available or when necessary for guest satisfaction. The employer will notify the Union Steward as soon as practical of the situation. b) in the instruction and training of employees; c) in performing experimental work and the development of new techniques. 3

4 d) Co-op Students shall not be used to perform bargaining unit work, if doing so would directly result in the reduction in hours of work of bargaining unit employees A Part-time employee is an employee who is normally employed for forty-eight (48) hours or less per bi-weekly for an extended period of time. This does not preclude the scheduling of additional weekly hours to part-time employees from time to time in circumstances such as the following: a) where a full-time employee is absent due to illness, vacation, accident (Workers' Compensation), bereavement or maternity; Where a full-time employee has resigned or any other leave of absence, a part-time employee in these circumstances could be scheduled additional hours. b) during the school vacation period; c) any other emergency for a reasonable amount of time A full-time employee is an employee who is normally employed for more than forty-eight (48) hours per bi-weekly The Employer will not contract out bargaining unit work to the extent it causes the layoff or prevents the recall of bargaining unit employees. ARTICLE 2 - UNION SECURITY 2.01 The Employer agrees to deduct bi-weekly from the wages of each employee in the bargaining unit the regular Union dues according to the Locals By-laws and policies as certified by the Union in writing The Union dues deducted shall be made for each pay period and shall be remitted within fifteen (15) days after the month in which such deductions are made to the designated officer of the Union. The Union shall advise the Employer of the name, position and address of the aforementioned designated officer and its failure to do so shall relieve the Employer of its obligation to remit the deductions here provided for until the Employer is so advised. Such remittance will include a statement with the full name (Last/First/Initials), Social Insurance Number, address, date of hire, rate of pay, classification, full-time or part-time designation, union dues deducted, total dues deducted, initiation fees deducted and total initiation fees deducted. 4

5 2.03 The Union agrees to defend and hold the Employer completely harmless against all claims and demands, should any person at any time contend or claim that the Employer has acted wrongfully or illegally in making the aforementioned deduction for Union dues The Employer or the Union will not discriminate against any employee because of Union membership or lack of it. Before commencing work, any new employee in the bargaining unit will be referred by the Employer to a Steward in order to give the Steward an opportunity to describe the Union's purposes and representation policies to the new employee. The Union agrees that it shall make membership in the Union available to all employees covered by this Agreement The Employer shall deduct from the earnings of each employee who has completed the probationary period such initiation fee as the Union may prescribe from time to time by its Constitution or By-Laws. The Union will give the Employer written notice of the amount of such initiation fee and, unless the Employer is so notified, the Employer is under no obligation to deduct such initiation fee and forward membership application forms The Employer agrees, on being furnished by the Union with the application for membership and the form authorizing the deduction of Union dues and initiation fees, to arrange for the completion of such forms by the appropriate members of the bargaining unit and to acquaint such members with the Articles dealing with Union Security and Dues check-off Subject to the provisions of the Ontario Labour Relations Act, it is agreed as a condition of employment that all bargaining unit employees hired after the date of certification of the bargaining unit shall, on completion of their probationary period be required to join the Union and shall sign an application for membership in the Union The Employer agrees to record the annual Union dues for each employee on the T4 Form The dues and initiation report will be provided in the form of (remit@ ufcw175.com) as well as a hard copy of the dues report being attached to the remittance cheque. ARTICLE 3 - UNION STEWARDS AND COMMITTEES 3.01 The Union will supply the Employer with the names of its Business Representatives. Similarly, the Employer will supply the Union with a list of its Supervisory or other personnel with whom the Union may be required to transact business. 5

6 3.02 The bargaining unit employees have the right, at any time, to have the assistance of a Business Representative of the United Food and Commercial Workers Canada when dealing with the Employer. Such Business Representative shall have access to the Employers premises, provided prior approval is given by the Employer. Such approval not to unreasonably be denied. During such visits, the Union will not enter occupied guest rooms a) The Union shall have the right to appoint or otherwise select four (4) Stewards from amongst employees within the bargaining unit who have completed their probation period. The Union will endeavour to elect or appoint one (1) steward on the afternoon shift. b) The Union shall notify the Employer in writing within seven (7) calendar days of the name of each new Steward and, where applicable, each Committee Member, before Management shall be required to recognize any person so selected. c) The Union agrees that the Union Stewards have regular duties to perform in connection with their employment and only such time as is reasonably necessary for the prompt processing of Union business will be consumed by such persons during scheduled working hours. If it is necessary for a Union Steward to attend to Union business as provided for in this Agreement, she shall not leave her work without obtaining permission from her supervisor. When resuming her regular work, she shall again report to her supervisor. Such permission will not be unreasonably withheld The Negotiating committee shall consist of a Business Representative of the Union and not more than three (3) bargaining unit employees with a minimum of one (1) year seniority appointed or elected by the same employees of this bargaining unit. Employees so appointed to the Negotiating Committee are required to be in attendance at Negotiating sessions. Each member of the said Union Committee shall receive fifty percent (50%) of his/her regular pay for all regularly scheduled working hours lost due to his/her attendance at negotiation meetings with the Employer for contract renewal between the parties, up to but not including conciliation, mediation and arbitration, whether on or off the Employers premises. The Employer further agrees to pay one hundred percent (1 00%) of the cost of the meeting rooms for negotiations if held at the Holiday Inn. If negotiations are held at another hotel the cost will be split 50/ (a) A Labour Management Committee, comprised of two Bargaining Unit Representatives and two Employer Representatives, shall be established with the support of the Union and the Employer. Subject to clause 3.05 (b), this Committee shall meet at least once per quarter for the purpose of reviewing suggestions from employees, considering questions of working conditions and service, addressing issues that could cause 6

7 misunderstandings or grievances, and making constructive suggestions to the parties to this Agreement with a view of fostering better relations. (b) The Labour Management Committee shall have no authority respecting collective bargaining, the administration of this Agreement or matters that are properly the subject of the grievance procedure, shall not supersede the authority of any other committee that may be established by the parties hereto, and shall have no authority to bind he Union or the Employer with respect to any decisions or conclusions reached during its discussions. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union acknowledges that it is the exclusive function of the Employer to: a) hire, maintain order and efficiency; b) discharge, lay off and recall, suspend, classify, direct, transfer, promote, demote or otherwise discipline employees subject to the right of an employee to lodge a grievance in the manner and to the extent hereinafter provided; c) make, maintain and enforce reasonable rules and regulations to be observed by employees; d) generally to manage the enterprise in which the Employer is engaged and without restricting the generalities of the foregoing, to plan, direct and control operations, to direct the work forces, to determine the number of personnel required from time to time, to determine the number and location of facilities, to determine the quality of service and processes, method and procedures to be employed, schedules of work and production, standard of performance, to select, procure and control supplies, material, products, to determine the extension, limitation, curtailment of operations and all other rights and responsibilities of Management not specifically modified in the Agreement The Union recognizes and agrees that except as specifically abridged or modified by this Agreement, all rights, powers, and authority are retained solely and exclusively by the Employer. The exercise of the Employer's rights shall be subject to all other provisions of this Collective Agreement The specific penalty for the proven theft of goods or funds of the Employer or its customers shall be subject to the disciplinary procedure up to and including discharge. ARTICLE 5 - RELATIONSHIP 5.01 The Union agrees that there shall be no solicitation for membership, collection of dues, or other Union activity at the work location or on the premises of the Employer (except as otherwise provided in this Agreement}. 7

8 5.02 The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by any of the parties to this Agreement (including their representatives) for any reason whatsoever. The parties further agree there shall be no discrimination or harassment as defined by the prohibited grounds under the Ontario Human Rights Code. ARTICLE 6 - NO STRIKES, LOCKOUTS, OR PICKETING 6.01 The Employer agrees that it will not cause or direct any lockout of its employees and the Union agrees while the collective Agreement is in force that it will not cause or direct any strike, slowdown, stoppage of work or any act intended to interfere with work or the Employer's operations such as primary or secondary picketing. If such action takes place, the Union agrees to repudiate it forthwith and direct the participants to cease their activities and/or return to work. The definitions of the terms 11 lockout" and 11 Strike 11 as used in Section 6.01 above shall be in accordance with the Ontario Labour Relations Act Any employee who participates in any of the foregoing conduct may be subject to discipline up to and including discharge If an illegal strike occurs, the Union will instruct its members to carry out the provisions of this Agreement and to return to work and perform their duties in the usual manner. ARTICLE 7 - GRIEVANCE PROCEDURE 7.01 It is the mutual desire of the parties hereto that complaints of employees be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint "Grievance~~ means a difference or dispute between the Employer and employees or the Union, coming specifically under this Collective Agreement concerning the interpretation, application, administration, or alleged violation of this Agreement, or the alleged violation of labour laws, legislated by the Province of Ontario mmediate Supervisor 11 as used in this Article and throughout this Agreement shall mean the first level of Management responsible for the employee a) There shall be no grievance until the immediate Supervisor of the aggrieved employee has been first given the opportunity to deal with the problem. Such problems must be discussed with the immediate Supervisor in their department within five (5) working days (Saturdays, Sundays and holidays 8

9 excluded) after the event or circumstances given rise to the problem have occurred, and, if the employee is not satisfied with the reply of the immediate Supervisor, which reply shall be communicated to the employee within five (5) working days, the employee may file a grievance in the following manner and sequence: b) Step One A written grievance signed by the employee must be presented to the employee's immediate Supervisor within five (5) working days after receipt of the reply from the immediate Supervisor. A Union Steward may accompany the grievor if the griever so requests. The nature of the grievance, section or sections of the Agreement which were alleged to have been violated and the remedy sought shall be clearly set out in the grievance. The above-mentioned Supervisor will render a decision in writing within five (5) working days following the day on which the grievance was submitted. Failing settlement, then: c) Step Two Within five (5} working days following the decision under Step One, the written grievance must be resubmitted to the General Manager. Thereafter, the General Manager shall render a decision in writing to the griever and the Union office within fifteen (15} working days from the date the grievance was received by him. If either the General Manager or the Union require a meeting it will be held at a mutually convenient time and location. Such meeting may include a representative from the Union, the griever, the Steward, as well as representatives from the Employer. Upon the conclusion of any such meeting, the griever, the Union Steward, if in attendance, shall return to work immediately, it being understood that no employee shall suffer loss of earnings in respect to any such meeting held during scheduled shift Policy Grievances: A grievance arising directly between the Union and the Employer concerning the interpretation, application, administration or alleged violation of this Agreement shall be presented in writing at Step 2 of the grievance procedure, and if necessary, shall proceed to arbitration in the same manner as the grievance of an employee Group Grievances: Where two (2) or more employees have identical grievances, the Union may initiate the grievances as a group grievance, signed by the Union Steward at Step 2 of the grievance procedure within seven (7} calendar days after the circumstances giving rise to the grievance have originated or occurred. 9

10 Discipline and Discharge Cases 7.07 a) An employee subject to discipline, including verbal warnings shall have the right to the presence of a Union Steward at the time the disciplinary action is being taken. If there is more than one steward on the premises the employee may select the Steward of choice. The employee may request that the Steward leave the meeting. Employees will receive copies of any written warnings and more serious disciplinary action that are to be entered into their Human Resources file. These documents will indicate the reasons for the discipline. Copies will with the permission of the employee be provided to the Union. Where possible the Union will be given advance notice of Company's discipline decision regarding a bargaining unit employee prior to the meeting in which the employee is being advised of the discipline. b) Disciplinary warnings will not be considered in determining subsequent discipline if the employee maintains a clean record for twelve (12) consecutive months. c) A claim by an employee who has passed probation and has seniority standing in accordance with Article that she has been disciplined or discharged without reasonable cause shall be treated as a grievance if a written statement of such grievance is signed by the employee, and is then lodged with the General Manager of the Hotel, or his designate, within five (5) calendar days after notice of discharge has been given by the Employer. The disciplined or discharged employee shall have the right to the assistance of a Union Steward in lodging her grievance. A discharge grievance shall begin at Step 2 of the grievance procedure, and may be settled by confirming the Employe,..s action in discharging the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and equitable in the opinion of the parties or of a Board of Arbitration established under the arbitration provisions of this Agreement. d. It is agreed that the Union Steward will be notified of the dismissal of any seniority-rated employee. e) Provided an employee gives reasonable advance notice in writing, she shall be granted the opportunity to view her personal file. Information to be viewed will be limited to: 1 ) Application forms 2) Written warnings and evaluations 3) Incident reports 4) Medical file 5) Verbal warning 10

11 ARTICLE 8- ARBITRATION 8.01 When either party requests that a grievance be submitted to arbitration as provided under Article 7, it shall make such a request in writing addressed to the other party to this Agreement, and, at the same time, nominate a nominee. Within seven (7) calendar days thereafter, the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two (2} nominees so nominated shall confer immediately and shall attempt to select, by agreement, a Chairperson of the Arbitration Board. IF they are unable to agree upon such Chairperson within a period of seven (7} calendar days after the nomination of the second nominee, they or either of them may request the Labour Management Arbitration Committee for the Province of Ontario to appoint a Chairperson No person may be appointed a nominee who has been involved in an attempt to negotiate or settle the grievance No matter may be submitted to arbitration which has not been carried through all previous steps of the grievance procedure Each of the parties hereto shall bear the expenses of the Representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Employer and the Union The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Employer, the Union and the employee(s} affected, provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Agreement In determining any discharge, the Board of Arbitration shall have the authority to: a} affirm the Employe~s action and dismiss the grievance, or; b) set aside the penalty imposed by the Employer and restore the grievor to his former position with or without compensation, or; 11

12 c) vary or alter the penalty imposed by the Employer, or make such other determination as the Board in its discretion may deem just and reasonable At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee(s) concerned as witness(es) and any other necessary witnesses at each requesting parties own cost. All reasonable arrangements will be made to permit the conferring parties or the arbitrators to have access to any part of the Employer to view any working conditions which may be relevant to the settlement of the grievances The parties may agree to a Single Arbitrator by mutual agreement who shall have all the same right as a Board of Arbitration. ARTICLE 9 - HEALTH AND SAFETY 9.01 The Employer and the Union will maintain a Joint Health and Safety Committee. The Union may elect, select or otherwise appoint up to two (2) members of the bargaining unit to comprise the Committee for the Union The purpose of the Health and Safety Committee is to promote a safe and healthy workplace for all employees. The Committee will abide by the Ontario Occupational Health and Safety Act as amended from time to time It is understood that the members of the Health and Safety Committee will suffer no loss of pay while investigating a Health and Safety complaint or attending meetings of the Committee during their regular working hours The Health and Safety Committee will hold at least one (1) meeting every three (3) months or as requested by a Committee member The parties agree that they are bound by the provisions of the Occupational Health and Safety Act and any health and safety issues may be enforced through the grievance procedure. ARTICLE 10 - LEAVE OF ABSENCE During leave of absence or layoff, the Employer shall continue to make payments on behalf of the employee to all Health and Welfare plans, for a period of one (1) month. Seniority shall continue to accrue during any leave of absence or layoff. If the employee wishes to remain insured the employee shall become responsible for full paid subsidized employee benefits in which he/she is participating. The premium is to be paid in advance on a monthly basis to the Employer Non-Statutory Leave: The Employer may grant non-statutory leave of absence without pay for up to six (6) months to any employee who completed her probationary period. Requesting such leave for good and sufficient cause and in writing. The Employer will reply in writing within ten (1 0) calendar days and 12

13 approval shall not be unreasonably denied based on staffing needs of the Hotel. No leave shall be granted to an employee for employment elsewhere. Statutory leave shall be governed by the Employment Standards Act of Ontario Jury Duty: When an employee is required to serve on a Jury, and reports for Jury Duty, he shall be relieved of his duties for such time as it may require, and he shall be paid the difference between his fee as a juror, and his earnings for the time lost from his regularly scheduled work. It is the employee's responsibility to come into work at any time during each day that he is not actually required for Jury Duty; Bereavement Leave: a) The Employer will grant a leave of absence with pay for bereavement purposes to employees who have completed their probationary period in accordance with Article of this Agreement, as follows: In the event of the death of his spouse (includes legal common-law spouse), son, daughter, father, mother, father-in-law, mother-in-law, brother, sister, grandparents and grandchildren, sister-in-law, brother-in-law and stepchildren. Payment will be made to a maximum of three (3) days from the date of death through to the day after the funeral. Payment will be made for the time lost from work but shall not exceed pay for three (3) times the number of hours in the employee's regular scheduled work day. The hours thus paid for but not worked will be excluded in computing overtime. Bereavement pay is not applicable if death occurs while employee is on vacation, for scheduled days off, the employee is absent from work due to sickness, accident, leave of absence, etc. If an employee is called away during any part of the working day, bereavement pay will start as of the time of leaving his work up to a maximum of three (3) times the number of hours in the employee's scheduled work day. If requested by the Employer, the employee will furnish a satisfactory proof of death Maternity/Parental Leave: Maternity/Parental Leave shall be granted as a right as per the Employment Standards Act of Ontario Education Leave: Any employee given written authorization by management or required to take an educational course shall have: a) the fee for the course paid by the employer. If the employee is to be reimbursed, this will be done as soon as possible, but not later than, sixty 13

14 (60) calendar days. The employee must receive a grade of seventy percent (70%) to be reimbursed; b) if attendance is during the working hours, the time spent at the course shall be paid for at the rates and conditions provided under this Agreement as though such employee were at work; c) if the course requires travel, the Employer will provide appropriate money or transportation fees to the employee Medical Leave: It is understood by the parties that an employee,s reinstatement after sick leave will be conditional upon her supplying, when requested, a certificate from a physician that she is fully recovered from the sickness which caused her absence. ARTICLE 11 - SENIORITY AND SERVICE The parties agree with reference to probationary employees, that: a) All employees, until they have been employed by the Employer for ninety (90) calendar days shall be probationary employees. b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Employer at the expiration thereof, shall be credited with seniority back to the date of last hire. c) The layoff, termination or discharge of an employee during the employee,s probationary period shall be at the sole and absolute discretion of Management and shall not be a dispute subject to grievance and arbitration The Employer may request an extension of an employee,s probation for a period up to thirty (30) calendar days. If the Union agrees, in writing, to such an extension, then for the purpose of clause the probationary period for that employee shall be deemed not to be completed until the expiry of the time by which the original probation period was extended. If the Union does not agree to such extension, the rights of the Employer under clause are preserved a) Seniority shall be determined for the purpose of this Agreement from the last date of employment with the Employer in the bargaining unit. b) Service shall be defined as length of continuous employment with the Employer. c) There shall be a separate seniority and service list for full-time and part-time employees. 14

15 11.04 Within thirty (30) calendar days of ratification and in January and July of each year thereafter, the seniority list, including the employee's seniority, service date and employment status (full-time or part-time) shall be posted on a bulletin board and a copy to the Union Office. Should there be any disputes as to the contents of the seniority list, such disputes shall be submitted in writing to the General Manager within thirty (30) calendar days from posting. If no dispute is received within that time limit, the list as posted will be deemed correct Seniority shall be lost for the following reasons only: a) voluntary quitting; b) discharge for cause not reversed through the grievance-arbitration procedure; c) an employee overstays a leave of absence granted by the Employer without securing an extension of leave; d) an employee utilizes a leave of absence for purpose other than those for which the leave of absence is granted; e) an employee is absent from work for three (3) consecutive working days and fails to notify the Employer of her reasons or fails to secure a leave of absence; f) failure to report to work, without satisfactory reason, within five (5) calendar days after being notified following layoff. Notification shall be by Registered Mail. g) an employee is laid off for a period in excess of twelve (12) continuous months; ARTICLE 12 -JOB VACANCIES When a new bargaining unit job classification is created or where the Employer intends to fill any vacancy within the scope of this Collective Agreement, the Employer will post a notice of the vacancy for a period of seven (7) calendar days on the Union Bulletin Board and a copy to the Union Steward. The notice will specify the nature of the job, the shift, qualifications required and the rate of pay. It is understood that with the knowledge of the Union Steward, the Employer may temporarily fill the vacancy during the posting. The Employer shall fill such vacancy on completion of the job posting procedure Employees shall have the right to bid during such seven (7) calendar day period on any such vacancy or new job created. An employee who wishes to be considered for the position so posted, shall signify her desire by making written application in accordance with the provisions of the posting. Such vacancy or 15

16 new job created shall be filled from the applications received on the basis of seniority provided the senior employee possesses the necessary qualifications and ability to perform the work required. In cases where the qualifications and ability are equal, seniority shall govern. Such employees will be considered before a new hire is made. The name of the successful candidate will be posted immediately after she is advised and shall remain posted for a period of five (5} calendar days In the event the successful applicant within thirty (30) working days of commencing work in the posted position or such longer period as may be mutually agreed upon, in writing, proves unsatisfactory or requests a return to her former position, she shall be returned to her former position without loss of seniority If no applications to fill such vacancy or new job created are received from employees, then the Employer will fill the vacancy or new job created in any manner it sees fit. ARTICLE 13- LAYOFF, RECALL, TRANSFER Where the Employer determines to discontinue a position and reduce the bargaining unit work force, it shall layoff the employees in the following sequence: First Second - Third Layoff employees who have not completed their probationary period in accordance with Article of this Agreement; Layoff employees regularly employed for not more than fortyeight (48) hours biweekly; Layoff employees who have completed their probationary period in accordance with Article of this Agreement. In the event of an indefinite layoff of more than three (3) months duration, a regular employee: a) who has completed his probationary period with less than one (1) year's continuous service shall be provided one (1) week's notice of layoff or pay in lieu thereof; b) with more than one (1)year of continuous service shall be provided with two (2) weeks' notice of layoff or pay in lieu thereof Layoff and recall from layoff shall be based on the following factors: a) seniority; b) skills and qualifications, competence and reliability. 16

17 Where the qualifications in factor (b) are relatively equal, seniority shall govern. c) Bargaining unit employees on layoff shall not be replaced by a member of Management. Vacant bargaining unit positions shall not be filled by Management except in cases of emergency. d) A part-time employee in a layoff situation shall not have the right to bump a full-time employee No employee shall be transferred to a position outside the bargaining unit without his consent. If an employee is transferred to a position outside the bargaining unit, he shall retain his seniority accumulated up to the date of leaving the unit, but will not accumulate further seniority. Such employee shall have the right to return to a position in the bargaining unit within thirty (30) calendar days, consistent with his seniority accumulated up to the date of transfer outside the unit No employee shall be transferred in excess of five (5) days to another position within the bargaining unit without his consent. If a consenting employee is transferred to another position, he shall have the right to return to his former position within sixty (60) calendar days and any other employee affected by the transfer shall be returned to his former position, without loss of wages and seniority. ARTICLE 14- HOURS OF WORK The normal bi-weekly work period for a full-time employee shall be ten (10) working days consisting of eighty (80) hours per fourteen (14) day calendar biweekly period, and the normal work day shall be eight (8) hours. During such bi-weekly work period, no full-time employee will be scheduled, as part of her non-overtime working hours, for more than five (5) days per seven (7) day calendar week. No full-time employee will be scheduled for more than seven (7) consecutive non-overtime work days. The normal bi-weekly work period for a part-time employee shall be up to ten (10) working days consisting of forty-eight (48) hours per fourteen (14) day calendar bi-weekly period, and the normal work day shall be eight (8) hours. During such bi-weekly work period, no part-time employee will be scheduled, as part of her non-overtime working hours, for more than five (5) days per seven (7) day calendar week or over a maximum of twenty-four (24) hours, subject to Article 1.06, during a seven (7) day calendar week. This section is intended to define the normal hours of work for employees but shall not be construed as a guarantee or limitation upon hours of work per day or per week. 17

18 Subject to Management's rights to maintain a balanced, qualified work force, the Employer will allow 50% of all full-time associates in Housekeeping, Front desk, Maintenance and Porter Departments to periodically bid by seniority for the shift schedules and days off posted by management. Any employee called in or scheduled for a sixth (6th) or seventh (7th) day shall receive one and one-half (1 ~)her normal hourly rate of pay Employees working on a regular shift of more than five (5) hours in duration shall have an unpaid meal period of one-half (~) hour duration scheduled not less than two and one-half (2%) hours nor more than five (5) hours after the starting time of their respective shifts. Such meal period shall be taken by the employee away from the work station Employees will be allowed a fifteen (15) minute rest period during each half(%) shift of four (4) hours duration. The rest periods will be paid for by the Employer and must be taken in the staff room. Rest periods will be scheduled by the Manager, and, where possible, will be scheduled close to the mid-point of each half(%) shift a) The Employer may require employees to work reasonable amounts of overtime and the employees will co-operate if given reasonable advance notice so as to make themselves available. b) Authorized overtime performed in excess of eight (8) hours worked per day or eighty (80) hours per bi-weekly work period, shall be paid at the rate of one and one-half (1 %) the full-time or part-time employee's straight time basic hourly rate. c) Overtime which arises during a shift will be offered, by seniority, to available full-time employees already working that shift and then to available part-time employees already working that shift. Overtime, which is scheduled in advance of the work to be performed, will be offered, by seniority, to available full-time employees and then to part-time employees a) Work schedules shall be posted on the Staff Room bulletin board by Thursday of a week for the following two (2) week period. These work schedules shall not be construed as a guarantee of hours of work for that work period. Requests for time off must be given, in writing, no later than ten {10) days prior to the start of the schedule. b) No split shifts shall be scheduled or worked. 18

19 c) Management will arrange work schedules so that full-time employees will be scheduled a Saturday and Sunday off, in consecutive days, once every three (3) week period and such practice will be adhered to whenever possible. d) Where practicable, the Employer will give two (2) hours' advance notice of same-day schedule changes a) It is understood by the parties that work schedules will be assigned by order of seniority and that it is Management's objective to follow this practice. In addition, it is further understood by the parties that it is Management's responsibility to maintain a balance of qualified staff on each shift to maintain efficient operations at the Hotel. b) In the scheduling of normal hours of work, the Employer agrees that hours will be scheduled as follows: i) First: to available full-time employees, by seniority, to a maximum of eight (8) hours worked per day and eighty (80) hours bi-weekly, provided they have the necessary qualifications and ability to perform the work required; then, ii) to available part-time employees by seniority and availability, to a maximum of eight (8) hours per day and forty-eight (48) hours biweekly, subject to Article 1.06, providing they have the necessary qualifications and ability to perform the work required. iii) Any additional hours of non-overtime work that become available for any reason during the work period, shall be allocated in accordance with (i) and (ii) above When an employee is scheduled to work or called in to work and reports for work, he will be guaranteed a minimum of four (4) hours work or pay in lieu thereof. No employee, when off duty, may be disciplined for failure or refusal to attend a mandatory meeting, called by Management, if the employee provides a reasonable excuse in advance for missing such meeting except in case of emergency. Schedule changes - affected employees will be given twenty-four (24) hours' advance notice where practicable. Any changes to the posted schedule will be made in red ink. Employees shall be notified a minimum of two (2) hours in advance prior to cancellation of a shift, unless due to an emergency caused by fire, flood, storm, or other extreme emergency such as late cancellation of major groups 19

20 14.08 Employees who wish to switch shifts with co-workers must notify Management, in writing, a minimum of twenty-four (24) hours prior to the switch. Approval of such request will not be unreasonably denied as long as the exchange does not create or result in the employer incurring overtime expense A part-time employee who works in excess of twenty-four (24) hours per week, except as provided in Article 1.06 (a), for six (6) or more consecutive weeks, or more than six (6) weeks in any twelve (12) consecutive week period, shall be reclassified and deemed to be a full-time employee for the purpose of this Agreement Wherever possible, shift schedules shall be arranged so as to provide twelve (12) consecutive hours off between shifts. ARTICLE 15- WAGES AND CLASSIFICATIONS Job classifications are set out in Schedule nan of this Agreement The Employer agrees to include the rates of pay for all newly established jobs (falling within the scope of this Collective Agreement) in the wage structure. The rates for such jobs will be established by the Employer after negotiations with the Union, and shall relate to the hourly rates of the jobs in the existing wage structure. Failing agreement, these newly established rates may be a subject of a Policy Grievance under Article 7.05 of this Agreement a) The Employer shall pay wages as set out in Schedule nan attached hereto and forming part of this Agreement. Each employee shall be provided with an itemized statement of his wages, overtime, and other supplementary pay and deductions. Wages shall be paid bi-weekly. The Employer may not make deductions from wages unless authorized by statute, court order, arbitration award, or this Agreement. b) Any pay errors over eight (8) hours' pay shall be compensated as soon as reasonably possible a) An employee who is assigned in accordance with the terms of this Agreement to a higher paying classification or job, shall be paid the rate and benefits for that classification or job for the time he performs such work. An employee who is assigned in accordance with the terms of the Agreement to a lower paying classification, shall continue to be paid the rate and benefits of his regular job. b) Any employee transferred to a higher-rated classification for the convenience of the Employer shall receive the higher-rated pay for all hours worked within said classification If an employee is required to wear a pager or two-way radio, the employee must tum in the pager or radio to the Manager on Duty. Immediately following the end 20

21 of his/her lunch break, the employee is to pick up the pager or radio from the Manager on Duty. If an employee is called off his/her lunch break it will become a paid lunch All hours worked, including overtime hours, on Night Audit/Front Desk/Housekeeping/Porter between 11:00 p.m. and 7:00a.m. will, in addition to the regular hourly rate, be paid a premium of seventy-five (75) cents per hour There shall be no pyramiding of premiums. ARTICLE 16- VACATIONS Vacations with pay will be granted by the Employer in accordance with the following: a) Less than five (5) years service as of the date of hire - one (1) day off for each month of employment to a maximum of ten (1 0) days, with pay, at the rate of four percent (4%). b) Five (5) years service as of the date of hire- three (3) weeks off at the rate of six percent (6%). c) Ten (1 0) years service as of the date of hire -four (4) weeks off at the rate of eight percent (8%) Effective January 1, 2014, vacation with pay equal to a maximum of one (1) weeks pay may be carried forward from one calendar year to the next An employee who leaves the employ of the Employer for any reason, shall be paid vacation allowance due to her at the time of her termination as provided herein, unless such employee does not provide two (2) weeks' notice to the Employer. Failing that, the employee shall only be entitled to an allowance equal to four percent (4%) of gross earnings during current vacation year For the purpose of determining the vacation to which an eligible employee is entitled, the anniversary date of his employment shall apply The choice of vacation period(s) for each employee shall be subject to the Employe~s staff requirements, and will be approved by the Employer. Such approval will not be unreasonably withheld. If more than one (1) employee within a classification chooses the same vacation period and if the Employer deems it necessary to limit the number of employees that may be on vacation at any particular time, seniority will determine the employee's that will be granted that particular time off for vacation Vacation pay will be calculated as per Article Such period will be the twelve (12) months beginning January 1st of a year and ending December of 21

22 each year. The earnings include all monies paid by the Employer to the employee in that period and include any vacation pay previously paid An employee desiring to take vacation at a particular time will notify the Department Manager, in writing, by January 1st of each vacation year. The vacation schedule for such employees shall be posted by March 15th of that year and shall not be changed unless mutually agreed by the employee and the Employer Management is not responsible for any cost incurred by an employee by securing a planned vacation prior to Management's approval of the employee's vacation request An employee shall receive an unbroken period of vacation unless otherwise mutually agreed by the employee and the Employer Vacation balances will be reported on employee pay stubs. ARTICLE 17 PAID HOLIDAYS The following days shall be recognized as paid holidays: New Year's Day Labour Day Christmas Day Remembrance Day Family Day Canada Day Good Friday Victoria Day Thanksgiving Day Boxing Day Easter Sunday Employee's Anniversary (Date of hire) Employees hired on or after October 1, 2007, will only be eligible for the public holidays. These employees will not be eligible for the Employee's Anniversary. Such employees will become eligible for Remembrance Day and Easter Sunday in the calendar year following their second anniversary Subject to the Employment Standards Act, an employee shall not be paid for any recognized holiday if he/she: a) has not worked twelve (12) days in the preceding four (4) work weeks, which may include weeks approved for vacation; b) does not have three (3) months service with the Employer; c) does not work on such a holiday if scheduled to do so except where absence is due to illness or injury; d) is absent the scheduled shift immediately preceding or following the holiday of that employee, except, where absence is due to illness or injury, or the employee is on any approved absence; 2.2

23 e) fails, upon request, to produce a medical certificate for illness occurring on the holiday or on the scheduled shift immediately preceding or following the holiday except where such is not reasonably possible. The employee shall be given reasonable time to produce such certificate If any of the abovementioned paid holidays occurs during an employee's vacation period, the employee, where qualified, will receive an additional day off with pay to be added on to his vacation period Subject to the Employment Standards Act, employees will be eligible to receive a Holiday Allowance and/or premium pay when they are required to work and work on a holiday after they have completed ninety (90) days of service with the Employer, as follows: a) If they are not required to work on a holiday, they will be paid a Holiday Allowance based on their regular daily hours of work multiplied by their regular hourly rate provided they qualify for the holiday. b) If they are required to work on a holiday, they will be paid time and one-half (1 %) their regular hourly rate for all hours worked on the holiday. In addition, they will also receive the Holiday Allowance described in the above paragraph Subject to the Employment Standards Act, part-time employees will be eligible to receive a Holiday Allowance and/or premium pay when they are required to work and work on a holiday after they have completed ninety (90) days of service with the Employer and have worked at least twelve (12) days out of the four (4) Employer work weeks preceding the holiday, provided they work their scheduled days immediately before and after the holiday. Such part-time employee required to work on a holiday will be paid one and one-half times (1% x) their regularly hourly rate for all hours worked on the holiday Full-time and part-time employees scheduled to work on a holiday and without reasonable cause fail to report to and perform the work, will not be entitled to a Holiday Allowance. When a full-time or part-time employee works on a public holiday, the hours the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs Seniority employees shall have first refusal of paid holiday work on a seniority standing basis. Subject to operational requirements, employees who are scheduled will be scheduled for a normal workday. 23