The Grand Experience. Service Employees International Union, Local 2

Transcription

1 COLLECTIVE AGREEMENT between The Grand Experience - and - Service Employees International Union, Local 2.. / Effective Date: September 1, 2016 Expiry Date: August 31, 2018

2 Table of Contents Article 1- PURPOSE OF AGREEMENT Article 2- SCOPE AND RECOGNITION... 5 Article 3 - DEFINITIONS Article 4- MANAGEMENT RIGHTS Article 5 - UNION SECURITY Article 6- REPRESENTATION... 7 Article 7- NO STRIKES OR LOCK-OUTS... 8 Article 8- NO DISCRIMINATION... 8 Article 9- GRIEVANCE PROCEDURE... 9 Article 10- DISCIPLINE AND PERFORMANCE Article 11- ARBITRATION Article 12- SENIORITY Article 13- BULLETIN BOARD Article 14- LEAVE OF ABSENCE Article 15- HEALTH & SAFETY Article 16- GENERAL Page

3 . 1 - JOB POSTING rticle 18- VACATIONS Article 19- PAID HOLIDAYS Article 20- HOURS OF WORK Article 21- OVERTIME Article 22- BEREAVEMENT LEAVE Article 23- REPORTING PAY Article 24- CALL IN PAY Article 25- UNIFORMS Article 26- WAGES Article 27- SHARING OF TIPS Article 28- TERM OF AGREEMENT SCHEDUL~ "A" LETTER OF UNDERSTANDING IPage

4 COLLECTIVE AGREEMENT between The Grand Experience (Hereinafter called the 11 Company") - and - SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 2 (Hereinafter called the "Union") ARTICLE 1- PURPOSE OF AGREEMENT 1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Employer and its employees covered by this Agreement through the Union to secure prompt and fair disposition of grievances, to secure the 'efficient operation of the Employer's business without interruption or interference with work, and to provide fair wages, hours and working conditions for the employees. It is recognized by this Agreement to be the desire of the Employer, the Union and the employees to co-operate fully, individually and collectively for the advancement of the said conditions The employer will exercise its functions in a reasonable and consistent matter in accordance with the provisions of this agreement. The parties will treat each other with respect and common courtesy. The parties acknowledge that conversations about the Company or fellow employees should take place behind closed doors and should not take place in front of any customer or potential customer It is the purpose of both parties to the Agreement to encourage efficiency and improvements in operations. 41Page

5 1.04 The employees, through the Union, accept the principle of a fair day 1 S work for a fair day 1 s pay, and agree to cooperate with the Employer in an effort to avoid absenteeism, eliminate waste, conserve materials and supplies, improve the quality of service to customers and prevent accidents ARTICLE 2- SCOPE AND RECOGNITION 2.01 The Employer recognizes the Union as the sole collective bargaining agent for all employees of the Employer at Lindsay, Ontario save and except supervisors and persons above the rank of supervisors and office staff Supervisors and other managerial personnel may do work of the bargaining unit, but only to the extent that such work was being performed by them before July 1, Nothing herein shall prevent supervisory personnel from performing bargaining unit work; a) on an occasional basis in exceptional circumstances b) in emergencies, and, c) during periods of instruction and training The employer and the union agree to follow the reasonable policies and procedures established by the employer and as amended by the employer. ARTICLE 3- DEFINITIONS 3.01 The parties agree that Saturdays, Sundays and Statutory holidays are excluded for legal notices within Article 8, Article 9, Article 10, Article 11. ARTICLE 4- MANAGEMENT RIGHTS 4.01 The Union recognizes and acknowledges that the management of the business and its facilities and direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer to: SIPage

6 (a) (b) (c) (d) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce reasonable rules and regulations, policies and practices to be observed by its employees, discipline or discharge employees for just cause provided that a claim by an employee who has acquired seniority that she has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; hire, transfer, assign to shifts, promote, demote, classify, discharge, lay-off, recall, retire employees for just cause or select employees for positions excluded from the bargaining unit; Determine the location of operations and their expansion or their curtailment, the direction of the working forces, the sub-contracting of work, the schedules of operations, the number of shifts; determine the methods and processes to be employed, job content, quality and quantity standards, the establishment of work or job classifications'; change, combine or abolish job classifications determine the qualifications of an employee to perform any particular job; the nature of tools, equipment and machinery used and to use new or improved methods, machinery and equipment, change or discontinue existing tools, equipment, machinery, methods or processes; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime shall be worked and require the employees to work overtime; the determination of financial policies, including general accounting procedures and customer relations; Have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment The Employer agrees that it will exercise its functions in a reasonable and consistent manner in accordance with the provisions of this Agreement All reasonable rules made under Article 3.01 shall be in writing and posted on the bulletin board for one (1) week, and the Company shall inform the Union in writing. ARTICLE 5- UNION SECURITY 5.01 The Union will not nor will any employee engage in Union activities during working hours or hold meetings at any time on the premises of the Employer. 6IPage

7 5.02 As a condition of employment, all employees in the bargaining unit must become and remain members in good standing of the Union. (a) (b) The Employer shall deduct from each employee included in the bargaining unit an amount equal to the normal monthly dues as prescribed by the Secretary-Treasurer of the Union and, where appropriate, Union initiation fees. Deductions shall be made at each regular pay period, and shall be held in trust by the Employer where deductions were made The Union agrees to indemnify and hold the Employer harmless with respect to suits, claims, actions or proceedings commenced against the Employer by reason of the deductions of dues and other payments provided for herein The Employer will indicate the amount of union dues paid by employees on their T-4 slips A Union steward will be permitted to meet with each new employee during working time, for fifteen minutes, in the course of the new employees first thirty days of employment The Treasurer of the Union shall advise the Employer in writing as to the amount of monthly dues, and initiation fees and any changes thereto The Company will give written notice of the names of new employees hired, terminated, or resigned to the Union at the same time as the remittance of the Union dues The Employer will notify the Union office and the Chief Steward whenever a new full- time or part-time employee is hired. ARTICLE 6- REPRESENTATION 6.01 One (1) chief steward shall be selected (or appointed) from the bargaining unit. The Union shall notify the Employer in writing of the name of such chief steward at the time of their appointment and the Employer shall not be required to recognize any steward until it has been so notified A steward may investigate and process grievances in accordance with the Grievance Procedure set out in this Agreement At any further negotiations for the renewal of this Agreement, the bargaining unit will be represented by the stewards as defined in Article 6.01 and the Union's representatives only. 71Page

8 6.04 No steward shall leave her work to investigate or process any grievance or to negotiate with the Employer without first obtaining the permission of her supervisor, and she shall report again to her supervisor at the time of her return to work. Consent of the supervisor shall not be unreasonably withheld. It is understood that stewards will not absent themselves from their regular duties unreasonably. Said interviews will not be conducted at times where it will interfere with the proper service of the customer or the employee's performance of their job It is agreed that the chief steward will be paid for time spent dealing with complaints and/or grievances during regularly scheduled working hours to the second step or with respect to arbitration. It is agreed that the Chief Steward shall be paid up to twenty-five (25%) per cent of the meetings for negotiating the Collective Agreement up to and including conciliation. The Company shall provide two (2) days of Union Education leave per year of the Collective Agreement with two weeks of notice. ARTICLE 7- NO STRIKES OR LOCK-OUTS 7.01 In view of the orderly procedure established by this Agreement for the settling ofdisputes and the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there will be no strike, picketing, slowdown or stoppage of or interference with work or production, either complete or partial, and the Employer agrees that there will be no lockout of Employees Employees who take part in or instigate any strike, picketing, slowdown, stoppage of or other interference with work or production, either complete or partial, contrary to Article 7.01 of this Agreement shall be subject to discipline or discharge, subject to the right of an employee who has completed her probationary period to grieve pursuant to Article 9. ARTICLE 8- NO DISCRIMINATION 8.01 The Company and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their representatives or members on account of race, creed, colour, sex, ethnic origin, citizenship, sexual orientation, age, record of offences, marital status, handicap, or on account of legitimate Union activity or lack of activity in the Union. 8IPage

9 8.02 The Union agrees that there will be no Union activity, except as provided for in this agreement, at the work location, or on the premises of the Company that interfere with the proper service of customers or the performance by employees of their work. ARTICLE 9- GRIEVANCE PROCEDURE 9.01 The purpose of this Article is to establish a procedure for the settlement of grievances An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement may discuss her complaint with her immediate supervisor. Such a complaint shall be brought to the attention of the immediate supervisor within five (5) working days of the incident giving rise to the complaint. The immediate supervisor shall state her decision verbally within five (5) working days of receiving the complaint. Step 1- Should the employee be dissatisfied with the immediate supervisor s disposition of the complaint, she may, with the assistance of her steward, refer to such matter on a written grievance form supplied by the Union to her immediate supervisor who shall answer the grievance in writing within five (5) working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within five (5) working days of receipt of the reply of the immediate supervisor to the complaint. The grievance shall contain a brief statement of the facts relied upon, indicate the relief sought and be signed by the employee. It should also specify the provisions of the Agreement of which a violation is alleged. Step 2 - If no settlement is reached at Step 1, the Chief Steward and representatives of management shall meet within seven (7) working days of receipt of the reply of the immediate supervisor to discuss the grievance. The Union s Representative may be in attendance at this meeting. If the grievance is not settled within seven (7) working days, it may be referred to arbitration as hereinafter provided. 9IPage

10 9.03 The Union or the Employer may initiate a grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within ten (10} working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration under Article 11 - by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedures within the time specified shall be deemed to have been dropped. However) time limits specified in the Grievance Procedure may be extended only by mutual agreement in writing between the Employer and the Union No grievances may be submitted concerning the termination of employment, lay-off or discipline of a probationary employee. An employee will have no seniority rights during the probationary period and if her employment is terminated at any time during such probationary period such termination shall not be subject to the Grievance Procedure All requests for meeting in the grievance procedure shall be in writing. ARTICLE 10- DISCIPLINE AND PERFORMANCE Discipline An employee has the right to the presence of a union steward at any meeting that may result in disciplinary action. The Employer shall inform the employee of this right prior to the commencement of the meeting and the meeting shall be delayed until such time as the Steward is able to attend An employee who has acquired seniority and who is discharged or suspended shall be given a reasonable opportunity to be interviewed by her steward before leaving the Employer's premises, unless it is necessary, because of the circumstances giving rise to her discharge) to require the immediate expulsion of the employee from the Employer's premises. 10 I Page

11 10.03 An employee who is discharged may file a grievance at Step 2 of the Grievance Procedure within five (5) working days after such discharge. An employee who is suspended may file a grievance at Step 1 of the Grievance Procedure within five (5) working days after such suspension. Performance (a) (b) (c) After their probationary period is finished, when an employee's job performance, work habits and level of hospitality do not meet Company standards, the employee's supervisor will review the matter with the employee and they shall attempt to agree on a reasonable remedy for the problem. If any meeting under Article 10 is disciplinary in nature the employee will be notified of their right to have the Chief Steward present during the meeting. The Employee will be given reasonable notice of such meeting and the reasons for having the meeting. At the conclusion of the meeting, the subjects discussed and the solutions agreed upon, including description of possible disciplinary action, will be put in writing and a follow up meeting will be scheduled. The employee and the Union will receive a copy of this summary The procedure outlined in will be followed in the second and subsequent meetings, however, if the intention is to dismiss the employee, sufficient notice must be given so the Chief Steward may attend the meeting if requested by the employee. (a) (b) In cases of serious misconduct or willful disobedience, the supervisor will advise the employee of the seriousness of the matter and the employee may bring a Union steward to the meeting. The supervisor will advise the employee of his rights to have a steward present at the meeting. A summary of this meeting, outlining the actions contemplated or taken, will be given to the employee and the Union in writing. The Union will be sent a copy of all formal disciplinary notices All correspondence relating to an employee's job performance, work habits and any discipline imposed will be withdrawn eighteen (18) months after issuance as long as there is not discipline of like or similar events after issuance. 111Page

12 ARTICLE 11- ARBITRATION Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrateable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the other party within ten (10) working days of the reply under Step The parties shall attempt to agree upon the selection of the arbitrator within fifteen (15) days after the Notice of Arbitration has been received. In the event of the failure of the parties to agree upon a sole arbitrator, either party may request that the Minister of Labour for the Province of Ontario appoint an arbitrator Each of the parties hereto will jointly share the fees and expenses of the arbitrator, if any The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement A person who has been involved in an attempt to negotiate or settle the grievance may not be appointed as arbitrator No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure The parties may mutually agree to present any grievance at mediation/arbitration under Section 50 of the Labour Relations Act, ARTICLE 12- SENIORITY Newly hired employees shall serve a probationary period of five hundred and forty (540) hours worked and during the probationary period will be entitled to no seniority and may be terminated at the sole discretion of the employer it being agreed that the Employer will act in good faith in exercising this discretion and will neither act arbitrarily nor discriminatorily. Upon completion of the probationary period the employee's name will be entered on the appropriate seniority list with her seniority dated back sixty (60) working days. 12 I Page

13 12.02 Seniority shall mean an employee s length of continuous service with the Employer and departmental seniority shall mean an employee's length of continuous service with the Employer in a department. The departments are set out in Schedule "A." An employee who is transferred to or begins working in a new department for any reason will transfer his or her full seniority into the new department after working in it for six (6) months. It is understood that the parties may by mutual agreement allow employees who leave the Company and who are rehired or reinstated to have continuous employment for their entire period of employment Layoffs and recall from layoff will be by seniority (i.e. the more senior will be the last to be laid off and the first to be recalled) provided that the senior employee is qualified to perform the work available Seniority lists will be supplied to the Union and posted on the bulletin board on the first payday in January of each year of this Agreement and a copy will be supplied to the Union within two (2) weeks of ratification of the Collective Agreement Seniority once established for an employee shall be forfeited and the employee s employment shall be deemed to be terminated under the following conditions: (a) (b) (c) (d) (e) (f) If she voluntarily quits; If she retires; If she is discharged and not reinstated through the Grievance Procedure; Fails to return to work upon termination of an authorized leave of absence unless prior arrangements acceptable to the employer have been made for an extension of such leave, or utilizes a leave of absence for purposes other than those for which the original leave of absence may have been granted; Fails to return to work within five (5) working days after being recalled from extended lay-off by notice sent by registered mait or fails to advise of her intention to return within three (3) working days following such notice. Fails to return to work from an outside injury or illness or from WSIB within a twentyfour (24) month period. 13 I Page

14 12.06 When recalling an employee after lay-off, she shall be notified by registered mail and allowed five (5) working days from the date of the notice to report for work. The Employer will also attempt to contact the employee by telephone. An employee to whom a letter sent in accordance with this Article must contact the Employer within three (3} working days of the notice of return to work. It shall be the employee's responsibility to keep the Employer notified as to any change of her address or telephone number so that they will be up-todate at a II times Employees promoted to positions not covered by this Agreement will continue to accumulate departmental seniority rights for thirty (30} working days following the transfer, after which time they shall have no bargaining unit rights Employees may not exercise bumping rights between departments, except where the employee is qualified in the reasonable opinion of the Employer to do work available in another department. ARTICLE 13- BULLETIN BOARD The Union shall have the use of a bulletin board in the Employer's premises for the purpose of posting notices relating to the Union's legitimate business as it relates to the Employer. Such notices must be approved by the Employer prior to their being posted and such approval will not be unreasonably withheld. ARTICLE 14- LEAVE OF ABSENCE The Employer may grant a leave of absence without pay to employees for legitimate personal reasons. Leave of absence shall not be granted to an employee for the purpose of working elsewhere or for purposes other than as declared in their request for such leave Any leave of absence granted by the Employer shall be in writing and shall set out the length of leave of absence granted, the purpose of the leave and the terms, if any, on which it is granted. Requests for leaves of absence must be made as soon as possible, but in any event, at least two (2) weeks prior to the desired date of the commencement of such leave unless waived by the Employer. The Employer will not unreasonably refuse to grant such leave requests. 14 I Page

15 14.03 Employees on an authorized leave of absence will accumulate up to 3 months of seniority during the period of their leave, with the exception of leaves granted in accordance with article Maternity, parental and adoption leave shall be granted in accordance with the provisions of the Employment Standards Act, ARTICLE 15- HEALTH & SAFETY The Employer and the Union agree that they mutually desire to maintain high standards of safety and health in order to prevent industrial injury and illness One person in the bargaining unit shall be appointed by the union to be recognized by the employer as a health and safety representative. There shall be established a Joint Health and Safety Committee composed of the health and safety representative appointed by the Union and the health and safety representative appointed by the Employer The Employer and the Union shall abide by the provisions of the Ontario Occupational Health & Safety Act. ARTICLE 16- GENERAL Words imparting the feminine gender shall include the masculine Employees may make use of the restaurant, pub, bar and patio when not on the employee s scheduled shift, and provided that they are appropriately attired (i.e. not in uniform) and abide by all rules and regulations as posted. Permission will not be unreasonably withheld Detailed job descriptions will be provided for all classifications, and for new classifications as created. ARTICLE 17- JOB POSTING When a new job classification is created or additional employees are required in an existing job classification, the Employer will post a notice of the vacancy for a period of seven (7) working days on the bulletin board. The notice will specify the nature of the job, qualifications required and the rate of pay. An employee who wishes to be considered for the position so posted shall signify her desire by making written application to the person designated on the posting within the seven (7) working day posting period. 15 I Page

16 17.02 In filling any posted vacancy under this Article, the Employer will consider the requirements and efficiency of operations and the skill, ability, qualifications and physical fitness of the individual to perform the normal required work, seniority shall apply provided that, in the reasonable opinion of the employer, the senior employee has the competence and ability necessary to perform the work required. If no acceptable applications are received, the Employer reserves the right to hire Should the successful applicant for such vacancy fail to meet the standards of the posted position or if the employee feels he/she is unable to perform the duties of the vacancy to which he/she is posted, the employee will be returned to his/her former position at his/her former salary or rate of pay, as will any other employee in the bargaining unit who was promoted or transferred by reason of such placing, or she may be returned to her original job without loss of departmental seniority within the first thirty (30) days following the start in the posted position The Employer will, during the life of this agreement, provide job descriptions for each job once they are completed. ARTICLE 18- VACATIONS An employee who on the 1st day of January in each year has completed: (a) One year of service or more but less than 5 years of service - 2 4% (b) Five years of service or more but less than 12 years of service- 3 6% (c) 12 years of service or more - 4 (d) More than 20 years- 4 weeks@ 8%, plus one extra paid day of vacation for each year in excess of 20 years, to a maximum of 5 days. For the purpose of clarity, employees with less than 1 year of service shall receive vacation pay in accordance with the Employment Standards Act, I Page

17 18.02 The Employer will schedule employees' vacations according to their seniority within their department provided it does not prevent the Employer from maintaining a qualified and adequate work force and the application for vacation is made by signing the posted vacation schedule (which shall be posted by the Employer by March 1 5 t) in their department before March 31st ARTICLE 19- PAID HOLIDAYS (a) The following shall be recognized as holidays to be paid for on the basis of the employee's straight time hourly rate multiplied by the number of hours of the employee's normal shift worked: New Year's Day Labour Day Family Day Thanksgiving Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day *%day in early December or days celebrated in lieu thereof, regardless of the day on which it falls. *The 1/2 in early December of each year (to be announced in November, of each year). The Employers Christmas party will be held on this date, attendance is not compulsory, but the Employer extends an invitation to each employee. The Civic Holiday (i.e. the first Monday in August) shall be deemed to be a paid holiday, pursuant to Article 19 of the Collective Agreement, for all employees working on that day An employee will be paid for a holiday provided she: (a) (b) (c) Works her last scheduled shift on the working day which immediately precedes and her first scheduled shift on the working day which immediately follows such holiday unless she is excused by the Employer Is on the active payroll of the employer and not on a leave of absence, sick leave, Worker's Compensation or lay-off, and Has completed her probationary period as specified in this agreement. 17 I Page

18 19.03 In the event an employee is required to work on a holiday as listed in 18.01, she shall receive an additional day off with pay at their average daily rate of pay which shall be scheduled by mutual consent between the employee and employer. The straight-time payment and hours can be banked for up to one (1) year, after that time it shall be paid out at straight-time When a statutory holiday occurs during an employee's vacation then the employee shall be entitled to one days pay or one extra day's vacation, by mutual agreement between the employer and the employee An employee who is absent due to sickness on a Paid Holiday which she was scheduled to work or on a qualifying day for a Paid Holiday will be required to submit a doctor's note verifying the illness in order to receive pay for the Paid Holiday if her record of absenteeism exceeds the bargaining unit average. ARTICLE 20- HOURS OF WORK A normal workweek shall consist of a maximum of forty (40) hours, but there is no guarantee of hours to be worked. Starting and quitting times and shifts, and the arrangement of shifts, shall be determined by the employer. The workweek shall commence at the start of business each Sunday and shall end at close on the following Saturday The maximum basic work schedule for employees shall be forty (40) hours per week. As far as is reasonably practicable in the weekly scheduling of hours, employees will be scheduled as follows: (a) (b) (c) to full-time employees, by seniority from twenty-four point one (24.1) hours to a maximum of forty (40) hours per week; then part time employees, by seniority, from five (5) hours to a maximum of twenty-four (24) hours per week. occasional employees as required. Employees may request a decrease in hours or a decrease in available hours. However, this could change their classification (full-time becomes part-time, etc). When they want to increase their hours again, they must apply for it through the posting procedure as per Article 17- Job Posting. 18 I Page

19 20.03 Employees may indicate a preference of shifts. The employer shall make every effort to accommodate the preference of the employees by seniority, when practical to do so. The employee's request will remain in effect unless otherwise changed by the employee. The employee may change such preference during the last week of any month to be effective the first full pay period of the following month This Article is intended to define the normal hours of work and shall not be construed for any department as a guarantee for hours of work for regularly assigned hours or for any hours per day or per week, or of days of work per week Departmental work schedules will be posted by the Employer by 6:00p.m. Friday in advance of the week for which the schedule is posted. The posting of schedules does not constitute any guarantee that work will be available All employees shall complete service on a guest notwithstanding the fact that the employee has reached her quitting time. This article does not constitute blanket authorization of overtime, but rather focuses on the continuity of service to all customers of the employer. The length of time that an employee may stay is at the discretion of the employer Employees neglecting to punch in and out at all required times throughout working hours may be subject to disciplinary action Each employee shall punch only her own timecard Employees unable to perform their scheduled shift due to illness or emergency are required to contact and notify the employer and speak directly to someone in a supervisory position a minimum of two (2) hours prior to the start of their shift. The employer may require employees to provide Doctors' notes to verify illness that causes absence from work after the third (3rd) consecutive illness. An employee who does not contact the employer at least two (2) hours prior to the start of her shift and does not report for work will be deemed absent without leave and the employer will take the appropriate disciplinary action An employee who fails to attend work for a scheduled shift because they are working for another employer during that time shall be disciplined An employee is entitled to an unpaid thirty (30) minute eating period after every five consecutive hours of work. Where the employee and the employer agree, the employee may split the eating period into two (2) periods that will result in the employee working no more than five consecutive hours. 19 I Page

20 ARTICLE 21- OVERTIME Time and one-half the employee s straight time hourly rate shall be paid, or banked at the rate of 1.5 hours for each hour of overtime worked, for all hours worked in excess of fortyfour (44} hours in a week All overtime must be authorized by the Employer Overtime premiums shall not be paid more than once for any hours worked It is agreed that overtime is voluntary unless the Employer is unable to enlist a sufficient number of qualified and available employees to perform the available work required, in which event the Employer has the right to assign overtime. The Employer will endeavour to assign overtime to the most junior employee in the department who is qualified to do the work. ARTICLE 22- BEREAVEMENT LEAVE The Employer shall provide an employee up to five (5) days leave with pay at the employee s full time hourly rate for three (3) of such days in the event of the death of the employee s spouse (including common-law spouse)/partner, father, mother, or child. The Employer shall provide an employee up to five (5) days leave with pay at the employee s full-time straight-time hourly rate for two (2) of such days in event of the death of the employee s sister, brother, grandparent, grandchild, mother-in-law, and father-in -law One day s leave of absence without pay shall be granted upon the death of the employee s brother-in-law/sister-in-law for the purpose of attending the funeral. In order to qualify, the employee: (a) (b) must have completed her probationary period, and may be required by the Employer to provide satisfactory proof of death If an employee requires additional bereavement leave, application for unpaid leave of absence can be made in accordance with the provisions of Article 13. These applications will be processed as quickly as possible. 20 I Page

21 ARTICLE 23- REPORTING PAY Where practicable to do so the Employer will give two (2) hours notice when there isn t any work. Unless employees are notified not to report for work, employees who report for work at their regular starting time and for whom no work is available in their regular position shall receive three (3) hours at their regular rate unless scheduled for less. Provided they perform work that is available in another position or if no work is available shall receive three (3) hours pay unless scheduled for less at their straight-time hourly rate The provisions of this Article shall not apply in the event of strikes, fire, lightning, storms, power failures, or any other conditions beyond the control of the Employer which prevent the Employer from providing work or where the Employer is unable to advise the employee or leave a message not to report to work because the employee has not provided his/her current address and telephone number to the Employer. ARTICLE 24- CALL IN PAY If an employee is called in to work after having left the Employer s premises after completion of her regular scheduled shift, she shall receive a minimum of three (3) hours pay at her straight-time hourly rate. This provision shall not be applicable to overtime hours worked in conjunction with an employee s regularly scheduled shift and there shall be no duplication of this premium and any other premium provided for in this Agreement. ARTICLE 25- UNIFORMS The Employer will supply uniforms to employees where they are required by the Employer at cost. The amount will be deducted from the employees first full pay cheque. After the employee has one (1) years service, the Employer will supply uniforms to employees where they are required by the Employer at 50/50% of cost of up to one uniform per year. The employee s portion will be deducted from the employees next full pay cheque All employees shall be responsible for the maintenance and cleaning of their uniforms and shall be properly dressed at all times when on duty. 21 I Page

22 ARTICLE 26- WAGES The parties have agreed that the wage classifications and rates in effect shall be as set out in Schedule A to this agreement Payday will be once every two weeks, and pay cheques will be issued every second Friday before the end of the employee's shift. The Friday payday will cover the two-week period ending the Saturday prior to the payday If assigned to a higher (paying) classification the employer shall pay the higher rate of pay for all hours worked in a higher classification. The employee will retain his or her regular hourly rate if temporarily transferred to a lower rated job There will be no deductions from an employee's pay cheque other than those required by law, with the exceptions of uniforms as provided in Article 25- and a deposit for computer cards and the smart serve program as provided in the employer's policy Employees will be paid by the minutes worked. ARTICLE 27- SHARING OF TIPS The parties agree that employees in receipt of tips must share their tips. The suggested sharing is 2% or, if warranted, 2.5% of net food sales to kitchen and bus staff and 2% or, if warranted, 2.5% of net liquor sales to bartenders. 22 I Page

23 ARTICLE 28- TERM OF AGREEMENT This Agreement shall become effective September 1, 2016, and shall remain in full force and effect until either party may, upon written notice within the ninety (90) days prior to August 31, 2018, reopen this Agreement for the purpose of renewal or amendment. Signed at.jl} this 1) ~J. day of _v=-----" I Page

24 SCHEDULE "A" Grand Wage Schedule Aprill/15 April1/16 April1/17 April1/18 Servers Servers Most Senior Kitchen Pizza/Sa lads/dishes New Cooks Cooks Senior Cooks Probationary employees will receive $25.00 bonus first week of December 2016 and Part time employees will receive $100. Full time employees will receive $225. The Servers shall receive the Pizza/Salads/Dishes rate from loam to llam. The Employer will review all occurrences of "Dine and Dash" against the following ofthe Employer's policies for consideration of payment. Any employee earning a wage rate in excess of the wage rate for their classification shall be "green-circled" (i.e. he/she shall continue to receive his/her current wage rate and shall be entitled to the 2% wage increase on each of Aprill/15 and Aprill/16). Probationary Performance Reviews The Employer will review with the employees the job expectation and job description at their three (3) month orientation review. Payment of Higher Wage Rates The Employer reserves the right to award higher rates according to the ability and experience and will inform the Union Office of such Green Circled employees, when they are placed in above the grid. Performance reviews, if conducted, are grievable under Article 8 of the Collective Agreement. 24 I Page

25 Between: LETTER OF UNDERSTANDING The Grand Experience Service Employees International Union Local 2, Brewery, General & Professional Workers 1 Union Re: Senior Cook Classification The Employer agrees, in consultation with the Union, to develop criteria and/or guidelines to clarify the process and/or qualifications necessary for employees to move from the Cook classification to the Senior.Cook classification. Signed at d.--u,/ this I' J day of c2 of,-, 2016.