COLLECTIVE AGREEMENT PARK INN BY RADISSON TORONTO- MARKHAM. -and- UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION LOCAL 333

Transcription

1 COLLECTIVE AGREEMENT BETWEEN: PARK INN BY RADISSON TORONTO- MARKHAM (Hereinafter referred to as the "Employer") OF THE FIRST PART -and- UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION LOCAL 333 (Hereinafter referred to as the "Union") OF THE SECOND PART

2 TABLE OF CONTENTS ARTICLE 1 PURPOSE 1 ARTICLE 2 RECOGNITION AND SCOPE 1 ARTICLE 3 MANAGEMENT RIGHTS, MANAGEMENT FUNCTIONS 2 ARTICLE 4 STRIKES AND LOCKOUTS 3 ARTICLE 5 GRIEVANCE PROCEDURE 3 ARTICLE 6 ARBITRATION 5 ARTICLE 7 UNION SECURITY 5 ARTICLE 8 BULLETIN BOARD 6 ARTICLE 9 UNION REPRESENTATION 6 ARTICLE 10 SENIORITY 8 ARTICLE 11 LEAVES OF ABSENCE 11 ARTICLE 12 HOURS OF WORK AND OVERTIME 12 ARTICLE 13 HEALTH AND SAFETY 14 ARTICLE 14 PUBLIC HOLIDAYS 14 ARTICLE 15 PAID VACATIONS 15 ARTICLE 16 CLASSIFICATIONS 15 ARTICLE 17 DURATION 16 ARTICLE 18 UNIFORMS 17 ARTICLE 19 HEALTH AND WELFARE BENEFITS 17 ARTICLE 20 DISCRIMINATION 18 ARTICLE 21 SIGNING BONUS 18 SCHEDULE "A" WAGES 19 MEMORANDUM OF SETTLEMENT 20

3 Page 11 ARTICLE 1 -PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain a mutually satisfactory relationship between the Union, the Employer and the employees represented by the Union, and to provide procedures for the prompt and equitable disposition of grievances, to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement and to assist the Employer in the efficient operation of this business. ARTICLE 2- RECOGNITION AND SCOPE 2.01 The Employer recognizes that the Union is the sole and exclusive bargaining agent for all employees of Park Inn by Radisson Toronto - Markham located at 555 Cochrane Drive, Markham, save and except supervisors, persons above the rank of supervisor, office and sales staff, reservation clerks, front desk staff, payroll clerks, audit department staff, secretaries and security staff Any changes or amendments to this Agreement during its term shall be incorporated only with mutual agreement, in writing, between the Employer and the Union Terms importing the singular shall be deemed to include the plural unless the context requires otherwise The term "employee" or "employees" means an employee employed within the bargaining unit for which the Union is recognized as described in (a) (b) (c) "full-time employee" means an employee employed in the bargaining unit who regularly works more than twenty-four (24) hours per week; "part-time employee" means an employee employed in the bargaining unit who regularly works twenty-four (24) hours per week or less. For the purpose of determining whether or not a part time employee is regularly scheduled to work more than 24 hours per week under Article 2.04, the determination shall be made on each February 1st, May 1st, August 1st, and November 1st, based a majority of the weeks in the period prior to the date of the determination All employees excluded from the bargaining unit may perform work done by an employee in the bargaining unit in the following examples: (i) (ii) training employees, demonstrating adjustments or set-ups,

4 Page 12 (iii) (iv) emergencies, or when qualified employees are not available. In emergency situations, the Employer agrees to make a reasonable effort to contact qualified employees. Agency staff will only be used when bargaining unit staff are not available for work. Part-time employees will be called in prior to agency staff It is understood that the use of the masculine gender shall apply equally to the feminine gender No employee covered by this Agreement will enter into any individual contract or agreement with the Employer concerning wages or working conditions that will in any way conflict with the terms of this Agreement. ARTICLE 3- MANAGEMENT RIGHTS, MANAGEMENT FUNCTIONS 3.01 The Management of the Hotel and its operations and the direction of the employees 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: (i) (ii) (iii) (iv) maintain order, discipline, profitability, efficiency and customer service, in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees and to discipline or discharge employees for just cause; establish and administer tests for the purpose of assisting the Employer to determine an employee's qualifications, and require medical examinations by Employer appointed physicians for any legitimate reason; select, hire, train, transfer, promote, demote, classify, layoff and recall employees, select employees for positions excluded from the bargaining unit; and determine the location of operations, the schedules of operations, the number of shifts; determine the methods of providing services; determine job content, quality and quantity requirements, the qualifications of an employee to perform any particular job and a method to assess that performance; determine the equipment to be used and to use new or improved methods and equipment, to introduce, change OT discontinue methods, services, job duties or processes; determine employee dress code; determine employee work schedules, the number of employees needed at any time, the number of hours to be worked, starting and

5 Page 13 quitting times and when overtime shall be worked, and require employees to work overtime The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of the Agreement and the express provisions of this Agreement constitute the only limitations of the Employer's rights. ARTICLE 4 -STRIKES AND LOCKOUTS 4.01 The parties agree that, during the life of this Agreement, the Employer shall not cause or direct any lockouts of employees and the Union agrees that it shall not cause or direct any strikes of its members. The terms "strike" and "lockout" shaft be defined in accordance with the definitions set out in the Labour Relations Act of Ontario. The Labour Relations Act of Ontario defines a strike and lockout as follows: "Strike" includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designated to restrict or limit output. "Lockout" includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees or to aid another employer to compel or induce that employer's employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, an employer's organization, the trade union, or the employees. Any statutory amendments to the above definitions shall be automatically deemed incorporated in place thereof. ARTICLE 5 - GRIEVANCE PROCEDURE 5.01 The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. Such a grievance shall be presented and processed in accordance with the steps, time limits and conditions herein set forth.

6 Page Step 1 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until the employee first discussed the complaint with the responsible supervisor. The complaint must be discussed with the Supervisor within five (5) days after the circumstances giving rise to it have occurred. Any complaint not presented within these five (5) days shall be forfeited by the aggrieved employee. The supervisor shall give his response within two (2) days of receiving the employee's complaint. Step 2 If the complaint is not settled as provided for above, the employee may submit a written grievance to the General Manager within seven (7) days of receiving the supervisor's verbal response to the complaint. The grievance shall be signed by the employee and shall identify the nature of the grievance, the specific provisions of the Agreement which are alleged to have been violated and the remedy sought. A meeting will then be held within ten (1 0) days of the receipt of the written grievance between the General Manager and the Business Representative of the Union or their designates. The employee and a Union Steward, if requested by the employee, may be present. The Employer's written answer to the grievance shall be given within five (5) days of this meeting. In the event that the Employer does not respond in the time provided and the Union wishes to proceed with the grievance, the Union must refer the matter to arbitration Policy Grievance A policy grievance shall be defined as a grievance, filed by either the Union or the Employer, involving a question of application or interpretation of any Article of this Agreement which arises directly between the Employer and the Union it shall be submitted directly at Step 2 within fourteen (14) days following the circumstances giving rise to the grievance. The provisions of this section may not be used with respect to a grievance directly affecting an individual employee or a group of employees. The remaining provisions of Articles 5 and 6, with the required amendments, shall apply to policy grievances Group Grievance When two (2) or more employees wish to file a grievance arising from the same incident, such grievance may be handled as a group grievance and presented to the Employer beginning at Step 2 of the grievance procedure Any grievance which is not commenced or processed through the next stage of the grievance or arbitration procedure within the time specified shall be deemed to have been abandoned and/or withdrawn.

7 Page Suspension or Discharge A claim by an employee who has successfully completed the probationary period that he has been unjustly suspended or discharged shall be treated as a grievance if a written statement of such grievance is submitted by the employee at Step 2 within five (5) days after the date of the suspension or discharge. ARTICLE 6 - ARBITRATION 6.01 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 arbitrable or where an allegation is made that this Agreement has been violated, either party may, after exhausting the grievance procedure, notify the other in writing of its desire to submit the grievance to arbitration. If a party elects to refer a grievance to arbitration, it must notify the other party within ten (1 0) days of the date of the response by the General Manager, at Step The parties shall agree on a sole arbitration. In the event that the Union and the Employer cannot agree within fourteen (14) days, either party may apply to the Office of Arbitration for the appointment of an arbitration Each party shall bear the expenses of its participants and Witnesses and for the preparation and presentation of its own case. The fees and expenses of the arbitrator and the hearing room and any Other expenses incidental to the arbitration hearing shall be shared equally by the parties The arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way, the provisions of this Agreement or any written amendment or supplement thereto or to extend its duration unless the parties have agreed, in writing, to give the arbitrator specific authority to do so, or to make an award which has this effect The parties agree that the steps, time limits and conditions specified in Articles 5 and 6 shall be binding upon the parties unless an extension of such time limits has been mutually agreed to in writing. Notwithstanding the provisions of the Labour Relations Act, the parties agree that these time limits should not be extended by an arbitrator in arbitration. ARTICLE 7- UNION SECURITY 7.01 (a) All employees covered by this Agreement who are currently members of the Union must remain members and all new employees must join the Union. The Employer shall deduct an initiation fee from all new employees as directed by the Union.

8 Page 16 (b) (c) The Employer agrees to deduct union dues from the bi-weekly earnings of each employee. The union dues deducted will be a fixed dollar amount per pay which amount the Union will certify to the Employer to be currently in effect according to the Union's constitution or by-laws. The required deductions shall be made for each pay period and shall be remitted by the end of the month in which such deductions are made to the designated officer of the Union. The deductions shall be accompanied by an alphabetical check-off list which will provide each employee's name, current address and social insurance number. 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 herein provided for until the Employer is so advised The Union shall indemnify and save harmless the Employer, its agents and/or employees against any and all claims, complaints, liabilities, demands, actions or causes of actions arising out of, or in any way connected with the operation of Article The Employer agrees to record total union dues paid by the employees on their T-4 Tax Receipt. ARTICLE 8 -BULLETIN BOARD 8.01 The Employer shall provide a bulletin board for posting Union notices. The Union shall provide the General Manager, or his designate, with copies in advance. Notices critical of the Employer or which are political advertisements in nature will not be posted. ARTICLE 9- UNION REPRESENTATION 9.01 The Employer acknowledges the right of the Union to appoint or otherwise elect two (2) Stewards who have completed a six (6) month period of continuous employment in any of the classifications covered by this Agreement for the purpose of assisting employees in presenting grievances to the Employer in accordance with the provisions of this Agreement The Union shall provide the Employer with written notification of the names of the Stewards. The Employer shall be required to recognize the representatives only from the date of receipt of this notice The Union acknowledges that the Steward has regular duties to perform on behalf of the Employer and may not leave his regular duties without the consent

9 Page 17 of his supervisor in advance. Upon receiving such consent, the Steward shall be permitted to leave his regular duties for a reasonable length of time, without loss of pay, to function as a Steward as provided in this Agreement, including the investigation of grievances and complaints. Such consent from the supervisor shall not be unreasonably withheld An authorized representative of the Union shall be permitted to meet with a member of the bargaining unit in an area specified by the Employer for the purposes of dealing with the administration of this Agreement, provided that the meeting will not take place during the employee's working hours without the authorization of the General Manager or his designate (which shall not be unreasonably withheld) and permission is requested by the Union and granted by the General Manager or his designate prior to the representative's arrival at the location The Employer and the Union agree it shall not interfere with, restrain, coerce or discriminate against employees in their lawful right to become and remain members and officers of the Union and to participate in its activities Negotiating Committee The Employer agrees to recognize and deal with a Negotiating Committee which shall consist of the officials of the Union and up to two (2) Union Stewards with at least six (6) months of continuous employment in any of the classifications covered by this Agreement All time spent by employee members of the Negotiating Committee meeting with the Employer in negotiations shall be paid to a maximum of six (6) days Consultation Committee At the request of either party, and by mutual agreement, the Employer and the Union (represented by the Union business representative and one (1) Steward selected by the Union) shall meet as required for the purpose of discussing issues relating to the workplace which affect the parties or any employee bound by this Agreement Discipline and Discharge (a) (b) At a meeting where an employee is issued discipline, the employee may request to have a Union Steward present provided a Union Steward is available. If none is available, the employee may request to have a coworker present. In the event an employee is discharged while on Hotel premises, he shall be allowed to confer with a Union representative (if one is available) for a reasonable length of time (up to thirty (30) minutes) before leaving the

10 Page 18 Hotel's premises. The Employer will make all reasonable efforts to advise the employee of the above right of representation. (c) Except in extenuating circumstances, no employee shall be disciplined or discharged on a scheduled day off. The employer shall not be required to pay an employee who is suspended or discharged the minimum reporting allowance on the day upon which the discipline is imposed, if the discipline imposed by the Employer is maintained in the Grievance or Arbitration process. ARTICLE 10- SENIORITY Seniority shall be defined as length of continuous service within the bargaining unit Newly hired employees shall serve a probationary period of ninety (90) days. Probationary employees shall have no seniority rights during this period. Upon completion of the probationary period, the employees shall have his or her seniority dated back to the start date During the probationary period, an employee shall be considered as being employed on a trial basis and may be dismissed for any reason at the sole discretion of the Employer. Any termination or release occurring during the probationary period shall be deemed to be for just cause, unless the Employer acts in bad faith or in a discriminatory manner On January 1 and July 1 of each year, a full-time employee and part-time employee seniority list (including classification) shall be prepared and posted by the Employer with copies supplied to the Union. The posted seniority list shall be deemed to be correct if no complaint is initiated with the Employer within ten (1 0) calendar days following the posting An employee who accepts a transfer or promotion out of the bargaining unit shall retain any seniority acquired to the date of such appointment and will continue to accrue seniority for up to three (3) months. However, such seniority shall be lost and no further accrual will take place if the employee does not return to the bargaining unit within three (3) months from the date of such appointment Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be terminated if the employee: (i) resigns from employment with the Employer; (ii) retires or is retired by the employer at age 65; (iii) is discharged for just cause;

11 Page 19 (iv) fails to report for work within the three (3) working days after being recalled by telephone call or registered letter from the Employer following a layoff; or fails to report for work on the date and at the time specified in the notice; (v) fails to return to work on the date agreed upon after the completion of a leave of absence or uses an approved leave of absence for purposes other than that given as the reason for the leave; (vi) is absent without leave for three (3) working days and without an explanation satisfactory to the Employer; or (vii) is laid off or does not perform work for the Employer for a period of twelve (12) consecutive months (a) Subject to (b), in the event of a lay-off which is expected to exceed seven (7) days, the Employer shall reduce the workforce in the affected classification in the following sequence: First Second - Lay off employees who have not completed their probationary period in accordance with Article ; Lay off part-time employees. Subject to (b), recall shall be in the reverse order of the above steps. (b) In determining which employee(s) shall be laid off (or recalled) under each step in the above sequence, seniority shall be the governing factor, provided the remaining employees have the immediate skill and ability to perform the available work (a) In the event a part-time employee is laid off pursuant to Article , that employee shall only have the right to displace another part-time employee who has less seniority, provided the laid off employee has the immediate skill and ability to perform the work of the employee being displaced. (b) In the event a full-time employee is laid off pursuant to Article , that employee shall only have the right to displace any part-time employee or full-time employee who has less seniority, provided the laid off employee has the immediate skill and ability to perform the work of the employee being displaced If an employee exercises his right to displace another employee in accordance with Article , the employee shall be reclassified and paid at the rate of the position he takes The parties agree that bargaining unit employees do not have the right to displace other employees except in accordance with Article

12 Page For the purpose of lay-off only, an employee who has one (1) year of continuous service with the Employer and who is appointed or otherwise selected as a Shop Steward shall, for the duration of his term of office, be deemed to have the highest seniority of his classification and shall be the last employee laid off in such classification, provided he is willing and satisfactorily performs the available work If the General Manager deems a vacancy must be filled it will be posted for one week. Any employee who wishes to be considered for the job may submit an application in writing to the General Manager or his designate. Employees who are currently working on the bases of seniority (full time first then part time) skills and ability will be considered first before any outside hiring. When the relative skills and ability of two (2) or more employees to perform the work are relatively equal seniority shall govern No employee will be hired from outside the bargaining unit until Article has been exhausted The name of the successful applicant for the posted job shall be posted on the bulletin board The successful applicant shall not be able to apply for another posting for a period of six (6) months During the course of this agreement, if the company establishes a new job classification falling within the scope of the collective agreement, a wage rate will be determined by the company and the union will be notified. If the union disagrees with the rate, the union will advise the company within thirty (30) days of the notification by the company. If no agreement can be reached by the parties, the newly established wage rate may be the subject of a policy grievance under Article 5.03 of this Agreement Part-Time employees only have seniority in the part-time classifications. If a parttime employee becomes a full-time employee he or she shall be entered at the bottom of the full-time seniority list and he or she shall begin to accumulate his or her seniority from the day the employee becomes full-time in his or her respective department or classification. If a full-time employee becomes a part-time employee, his or her seniority shall be entered on the appropriate part-time seniority list in his or her respective department or classification with the seniority dated from the date the employee was hired as a full-time employee.

13 Page 111 ARTICLE 11- LEAVES OF ABSENCE The Employer may, at its discretion, grant an unpaid leave of absence provided that the employee has successfully completed the probationary period. The employee's request must be made in writing and indicate the reason for and the length of the leave requested. All requests must be submitted to the General Manager not less than twenty-one (21) days in advance of the requested date of commencement of this leave. No leave for a period of greater than thirty-one (31) days will be granted by the Employer. Emergency requests will be considered. The granting of request for leave of absence will not be reasonably withheld Pregnancy and parental leaves shall be granted by the Employer in accordance with the Employment Standards Act Jury Duty Leave If an employee is required to serve on a jury or participate in a jury selection process, he will be compensated the difference between the fees paid as a juror (or potential juror) and the amount of pay lost for the hours he was scheduled to work but could not work because he was required to attend court. However, the Employer will only be required to provide this compensation if the employee: (i) (ii) (iii) has successfully completed the probationary period; notifies the General Manager as soon as he becomes aware of the requirement to serve as a juror (or participate in the jury selection process) and provides the Jury Notice; and presents an itemized statement from the appropriate court official indicating the dates, time of service, and fees paid on each date. The employee is required to report to work, if scheduled, for any time that he is not actually required for jury duty Bereavement Leave (a) An employee who has successfully completed the probationary period shall be granted up to three (3) consecutive calendar days of leave in the event of the death of a father, mother, child, spouse (including legal common law spouse) sister, brother, for the purpose of making arrangements for and/or attending the funeral. The day of the death or day of the funeral must be one of these days off. Payment shall be made only to the extent of time lost on days he was scheduled to work during the above three (3) consecutive calendar days. In order to obtain pay under this Article, an employee must provide proof of death if requested to do so.

14 Page 112 (b) An employee who has successfully completed the probationary period shall be granted one (1) day of paid leave in the event of the death of a grandparent or grandchild for the purpose of attending the funeral. (c) (d) An employee who has successfully completed the probationary period shall be granted one (1) day of unpaid leave in the event of the death of a mother-in-law, father-in-law, brother-in-law and sister-in-law for the purpose of attending the funeral. A request for additional days off without pay for bereavement leave will be considered by the Employer even though the advance notice provisions of Article have not been satisfied. In addition, employees will be entitled to four (4) hours unpaid leave in the event of the death of casual friends Union Business Leave Employees who have been selected by the Union to attend Union conventions or conferences or attend to other Union business shall be granted an unpaid leave of absence by the Employer so long as a maximum of one (1) person covered by this Agreement is on such leave of absence at any one time. The Union Business Agent shall notify the Employer, in writing, not less than twenty (20) days prior to the start of the leave of absence of the name of the member requiring the leave. It is agreed that such leaves of absence shall not exceed five (5) days in aggregate for each calendar year. ARTICLE 12 -HOURS OF WORK AND OVERTIME The provisions of this Article are intended to define the normal hours of work as a basis for calculating time worked and shall not be construed as a guarantee of hours for work per day or per week, nor a guarantee of a working schedule Subject to operational requirements determined by the Employer, the bi-weekly scheduling of shifts with respect to available days off and shift preference will be as follows as far as is reasonably practical: (i) (ii) full-time employees, by seniority, in each classification; part-time employees, by seniority, in each classification. It is understood that based on seniority every effort will be made to accommodate two (2) consecutive scheduled days off by employees Daily Distribution of Work- Housekeeping (a) Subject to day to day operational requirements, the Employer will, as far as reasonably practical, allocate rooms among employees scheduled on a

15 Page 113 seniority basis. If additional rooms become available, senior employees will have the first right of refusal. (b) (c) Room Attendants are required to clean fifteen (15) rooms per eight (8) hour shift. An employee who is required to make a cot will be paid $2.00 per cot made (a) There shall be a one-half (1 /2) hour unpaid meal break per shift of five (5) hours or more. The meal break shall be scheduled by the Employer. (b) (c) Employees will be entitled to a paid fifteen (15) minute rest period during each half (1/2) shift of four (4) hours duration, at a time determined by the Employer and consistent with efficient operations. Where there is a requirement to allocate help due to extremely dirty or "trashed" rooms, the management will review the situation and provide extra help or reduce the number of rooms allocated on an as required basis Subject to Article 12.06, the paid hours of work for employees shall normally not be greater than: (i) (ii) (iii) eight (8) hours in a day, forty (40) hours per week, overtime will be paid for all hours worked in excess of forty (40) hours per week Overtime (a) (b) (c) The Employer may schedule hours of work in excess of those referred to in Article and require employees to work such hours. The Employer agrees to offer any over-time on a seniority bases. The Employer agrees to seek volunteers (on a seniority basis) to perform any necessary overtime work from among those employees qualified to perform the work. In the event that insufficient volunteers are available, the Employer shall assign such overtime work to the most junior employees first, who are qualified to perform the required work. There shall be no duplicating or pyramiding of overtime or other premiums provided for in the Agreement. Only hours actually worked on a holiday will be included in the employee's total weekly hours for the purpose of calculating overtime.

16 Page (a) Subject to 12.07(b) where an employee reports for his scheduled shift and there is no work, the employee shall be paid for four (4) hours at his regular rate of pay. (b) Article 12.07(a) does not apply if; (i) (ii) (iii) (iv) the Employer notifies the employee not to report for work at least two (2) hours before the start of his scheduled shift; the lack of work is due to fire, flood, power failure or other cause clearly beyond the control of the Employer; the employee does not report for work on time; or the employee requests or agrees to leave work before the end of the shift. An employee who has left after the completion of his regular shift and is called back to work shall receive a minimum of four (4) hours pay at his regular straight time hourly wage rate The Employer will provide four (4) sick days per calendar year. The Employer may request a doctor's note after two (2) consecutive days off (for clarity, sick days will be paid for actual time lost). ARTICLE 13- HEALTH AND SAFETY The Employer, the Union and the employees agree to co-operate in the prevention of accidents and the promotion of safety and health of the employees during the hours of their employment (a) It is the responsibility of each employee to work safely, to perform his job properly in accordance with established procedures. (b) The hotel should pay for the cost ($ ) of one pair per year for safety shoes for employees working in jobs which require safety shoes, i.e. maintenance and houseperson The Employer, the Union and the employees agree to comply with the provisions of the Occupational Health & Safety Act. ARTICLE 14- PUBLIC HOLIDAYS Full-time employees will enjoy the following holidays in accordance with the Employment Standards Act:

17 Page 115 New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Employee Birthday and Anniversary ARTICLE 15- PAID VACATIONS The Employer recognizes the need for rest and recreation on the part of the employees who are in the active employ of the Employer The entitlement of annual vacation for all full-time employees with pay shall be in accordance with the following schedule: (i) (ii) All regular employees of the Employer who have completed one (1) year of continuous service with the Employer but less than five (5) years in their anniversary year shall receive two (2) weeks' vacation with four (4%) percent of gross earnings. All regular employees of the Employer who have completed five (5) year but less than ten (1 0) years of continuous service with the Employer in their anniversary year shall receive three (3) weeks' vacation with six (6%) percent of gross earnings. (iii) All regular employees of the Employer with ten (1 0) years or more of continuous service with the Employer in their anniversary year shall receive four (4) weeks' vacation with eight (8%) percent of gross earnings Vacation credits shall not accumulate from year to year The Employer will arrange for vacation schedules to be posted by March 1st each year. Employees shall indicate their vacation preferences by the last day of March each year Tentative approvals will be posted by April 15th of each year ARTICLE 16 -CLASSIFICATIONS Room Attendant Laundry Attendant Maintenance House person

18 Page 116 ARTICLE 17 -DURATION This Agreement shall become effective as of April 12, 2014 and shall continue in effect up to and including April 11, 2019, or successive periods of one (1) year thereafter. If either party wishes to negotiate a renewal of this Agreement, that party must give written notice to the other, not more than ninety (90) days prior to the expiry date, or any successive anniversary date thereafter, of its desire to enter into negotiations and both parties shall thereupon enter into negotiations in good faith and make every effort to secure a renewal. Signed by the duly authorized representatives of the parties this day of, 2014 in the City of Markham, Ontario. PARK INN BY RADISSON TORONTO MARKHAM UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 333

19 Page 117 ARTICLE 18- UNIFORMS The Employer will provide one (1) new uniform, once per calendar year or replace worn or damaged items on a one (1) for one (1) trade in basis. ARTICLE 19- HEALTH AND WELFARE BENEFITS Effective upon ratification: 1. In addition to the wages regularly to be paid by the Employer to the employee as provided in the Agreement, the Employer shall contribute to the U.F.C.W. Local 333 Health and Welfare Plan a sum equal to: $ tax per month, effective April11, 2009 $ tax per month, effective April11, 2010 $ tax per month, effective April11, 2011 $ tax per month, effective April11, 2012 $ tax per month, effective April11, for each employee in service covered by this Agreement who is on the payroll for services rendered during any regular period, provided that such employee has been employed a minimum of twenty-four (24) hours per week and has been in the employ of the Employer for a period of ninety (90) calendar days. Where employees who have qualified for coverage have their own hours of work reduced through no fault of their own, the Employer shall continue to pay Health and Welfare premiums for the month of the reduction, plus three additional months. (a) (b) (c) Such contributions shall be paid monthly and shall be used solely for the purpose of providing Health and Welfare benefits and such other benefits as may be afforded to eligible employees in accordance with this Agreement. The Employer agrees to pay the Health and Welfare Fund Benefit for the first 180 days of absence due to illness. Payments are to be made by the Employer by cheque to the Union's Health and Welfare Fund and remitted by the 1Oth of the following month. The Employer will submit the required documentation to accompany each cheque. (d) All such monies due to the U.F.C.W. Local 333 Union Health and Welfare Fund from the Employer herein under the provisions of this Agreement shall

20 Page 118 be segregated each week by the Employer until monthly remittance is made to the U.F.C.W. Local 333 Union Health and Welfare Fund and shall not be commingled with the funds of the Employer, but shall be held in trust for the benefit of U.F.C.W. Local 333. ARTICLE 20- DISCRIMINATION The Employer, the Union and the employees agree that every employee has the right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap, as these terms are defined by the Ontario Human Rights Code. ARTICLE 21 -SIGNING BONUS The Employer will give all full-time and part-time employees a $50.00 signing bonus on the first pay period after ratification.

21 Page 119 SCHEDULE 'A'- WAGES Room Attendant, Laundry Attendant, Houseperson April 12, 2014 $13.12 April11, 2015 $13.52 April11, 2016 $13.92 April11, 2017 $14.37 April11, 2018 $14.84 Maintenance April11, 2014 $14.95 April11, 2015 $15.40 April11, 2016 $15.87 April11, 2017 $16.38 April11, 2018 $16.91 Any wage rates above the contract rate will be red circled. These employees will receive the negotiated increase in addition to their present rate.

22 Page 120 MEMORANDUM OF SETTLEMENT The Employer and the Union agree that this document represents the first Collective Agreement between the parties, and the Union Negotiating Committee agrees to recommend and fully endorse this tentative agreement. PARK INN BY RADISSON TORONTO MARKHAM UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 333