between and foo… · any particular job, the nature of tools, equipment and machinery, change or...

COLLECTIVE AGREEMENT

BETWEEN:

THE RADISSON ADMIRAL HOTEL

(Hereinafter referred to as "the Company")

-and-

THE UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 333

(Hereinafter referred to as "the Union")

December 1, 2017

To

November 30, 2020

INDEX

ARTICLE PAGE

Article 1 Purpose 1

Article 2 Recognition and Scope 1

Article 3 Management Rights 2

Article 4 Relationship 2

Article 5 Check Off of Union Dues 3

Article 6 Representation 3

Article 7 Strikes and Lockouts 4

Article 8 Grievance Procedure 4

Article 9 Discharge Cases 5

Article 10 Arbitration 6

Article 11 Seniority 7

Article 12 Leave of Absence 10

Article 13 Reporting for Work 10

Article 14 Bonding 11

Article 15 Individual Agreements 11

Article 16 Holidays 11

Article 17 Wages 11

Article 18 Vacations 12

Article 19 Health & Welfare 12

Article 20 Hours of Work 12

Article 21 Bereavement Leave 13

Article 22 Call In Pay 13

Article 23 Part-Time Employees 14

Article 24 Working Conditions 14

Article 25 Equal Employment Opportunity 19

Article 26 Humanity Fund 19

Article 27 Jury Duty and Witness Duty 19

Article 28 Duration 20

Schedule "A" Wages Rates 21

Schedule "B" Holidays 22

Schedule "C" Wages 23

Schedule "D" Vacations 24

Schedule "E" Health & Welfare and Pensions 25

Schedule "F" Consent 28

Letters of Understanding

#1 Equal Employment Opportunity 29

#2 Shortage of Work 29

#3 Winter Apparel 29

#4 Functions Booked into Restaurants 30

#5 Maintenance Employees 30

#6 Banquet Gratuities 30

#7 "Cherry Picking" of Shifts 30

#8 Accommodation of Pregnant Employees 30

#9 Harassment Policy 31

#10 Parking 31

#11 Banquet Gratuity Distribution 31

Retirement Allowance 34

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 Company and the employees covered by this Agreement, and to assist the Company in the most efficient operation of its business.

1.02 For the purpose of this Agreement:

(a) "Full-time employee" means an employee employed in the bargaining unit described in 2.01 who regularly works more than twenty-four (24) hours per week;

(b) "Part-time employee~~ means an employee employed in the bargaining unit described in 2.01 who regularly works twenty-four (24) hours per week or less.

(c) For the purpose of greater clarity, an employee shall only move from part-time to full-time status where:

(i) He/she has been the successful applicant for a full-time position pursuant to Article 11.04; or

(ii) He/she has worked a total of 1249 hours or more in a calendar year calculated on or about January 31 each year. For the purpose of computing hours worked, these shall include: statutory holidays, vacations, weekly indemnity, WSIB leave and parental leave.

(d) For the purpose of greater clarity, if a full-time employee does not work 1249 hours in a calendar year, effective February I of the following year, he/she will assume part-time status.

(e) For the purpose of greater clarity, all new employees that have been hired as full time employees will receive all benefits and entitlements due to full time employees, once they have completed their probation, except Health and Welfare which will apply after six (6) months.

ARTICLE 2- RECOGNITION AND SCOPE

2.01 The Company recognizes the Union as the exclusive bargaining agent for all employees of the Company employed at the Radisson Admiral Hotel save and except supervisors, persons above the rank of supervisor, office, sales and accounting staff.

2.02 Non-bargaining unit personal shall not perform bargaining unit work except in connection with instructing and training employees, for experimentation, or to maintain customer service emergency situations.

2.03 The Employer agrees not to contract out bargaining unit work if it results in:

(a) A layoff of a bargaining unit employee;

(b) A reduction of a bargaining unit employee's regularly scheduled hours of work; or

(c) The elimination of a bargaining unit position.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 Subject only to the express provisions of this Agreement, the Union agrees that supervision, management and control of the Company's business operations and facilities are exclusively the function of the Company and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business, and without limiting the generality of the foregoing that it is the exclusive function of the Company, except where expressly modified by the Agreement, to:

(a) Maintain order, discipline and efficiency and 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 discipline or discharge employees for just cause.

(b) Select, hire, discharge, retire, transfer, assign to shifts, promote, demote, classify, layoff, and select employees for positions excluded from the bargaining unit.

(c) Establish and administer tests for the purpose of assisting the Company in determining an employee's qualifications, require medical examinations by a designated physician for Health and Safety reasons or to confirm any claim or justification made by the employee.

(d) Determine the location of operations and their expansion or their curtailment, the schedules of operations, the number of shifts, job control, quality and quantity standards, the establishment of work or job assignments; change, combine or abolish job classifications; determine the qualification of an employee to perform any particular job, the nature of tools, equipment and machinery, change or discontinue existing tools, equipment,· machinery, methods or processes; discontinue work, decide on the number of employees needed by the Company at any time.

3.02 Theft from the Company, a guest, or fellow employee shall be grounds for discharge.

Theft/Fraud shall be grounds for immediate dismissal.

3.03 Management Rights, as set out in this Agreement, shall be exercised in good faith, and in a manner consistent with the Agreement.

3.04 Nothing in this Agreement prevents the filing of grievances.

ARTICLE 4- RELATIONSHIP

4.01 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 because of an employee's membership or non-membership in the Union or because of his activity or lack of activity in the Union.

4.02 Violation by an employee of any of the foregoing provisions shall be cause for discharge or discipline by the Company.

ARTICLE 5 - CHECK OFF OF UNION DUES

5.01 The Company agrees to deduct Union dues on each pay period from all Employees covered by this agreement. The deductions shall be accompanied by an alphabetical check-off list, which will provide each employee's name, current address and social insurance number.

5.02 The Union dues deducted will be a fixed dollar amount per pay which amount the Union will certify to the Company to be currently in effect according to the Union's constitution. The required deductions shall be made for each pay period and shall be remitted within ten (1 0) days after the month in which such deductions are made to the designated officer of the Union. The Union shall advise the Company of the name, position, and address of the aforementioned designated officer and its failure to do so shall relieve the Company of its obligation to remit the deductions herein provided for until the Company is so advised. If only under special circumstances the Company cannot remit the dues within the ten (1 0) days they shall inform and request an extension from the Union and the Union shall not deny the request of the Company to send the Union dues report beyond the ten (1 0) days but not beyond thirty (30) days after the month in which such deductions are made.

5.03 The Company shall show the yearly Union Dues deductions on the employee's T-4 slip.

5.04 The Union agrees to defend and hold the Company completely harmless against all claims and demands should any person at any time contend or claim the Company has acted wrongfully or illegally in making deductions for Union dues.

ARTICLE 6- REPRESENTATION

6.01 The Company acknowledges the right of the Union to appoint or otherwise select one (1) steward who has completed his probationary period of employment from the following Departments for the purpose of assisting employees in presenting grievances to the Company in accordance with the provisions of this Agreement:

• Maintenance Department (Including Parking Garage)

• Housekeeping Department

• Watermark Restaurant & Pool Patio

• Service Staff (Bellperson, Doorperson)

• Banquets

• Kitchen

• Stewards

• Front Office

6.02 The Union shall keep the Company notified in writing of the names of the shop stewards and the effective date of their appointment.

6.03 The Union acknowledges that shop stewards have their regular duties to perform on behalf of the Company and such persons will not leave their regular duties without first obtaining permission from their immediate supervisor, or in his absence the Manager in duty or his designate, and when resuming their regular duties will report again to their immediate supervisor, or in his absence the Manager on duty or his designate.

6.04 Any notice of disciplinary action, which is intended to form part of an employee's record, shall be given in the presence of a Union Steward. This clause shall not apply to discussions that are of a non-disciplinary nature.

ARTICLE 7 - STRIKES OR LOCKOUTS

7.01 The Union agrees while the Agreement is in force there will be no strike, slow-down, sitdown, stoppage of work or any act intended to interfere with work or the Company operations. The Company agrees that there will be no lockout while the Agreement is in force. The parties mutually agree that a dispute arising out of the operation of this Clause 7.01 may be dealt with under the Grievance Procedure (Article 8) of this Collective Agreement.

ARTICLE 8- GRIEVANCE PROCEDURE

8.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. He shall discuss it with his immediate supervisor within three (3) working days after the circumstances giving rise to the complaint having originated or occurred. Failing settlement, it may then be taken up as a grievance within three (3) working days following advice of the immediate supervisor's decision in the following manner and sequence.

STEP 1

The employee, who may be accompanied by his Shop Steward or Union Representative, shall present his grievance in writing to the Department Head. The grievance shall be signed by the employee, and shall set out the particulars of the grievance, the section(s) of the Agreement that the employee alleges has been violated, and the remedy sought. The Department Head shall deliver his decision, accompanied by his reason(s) in the event the grievance is rejected, in writing three (3) days following the presentation of the grievance to him.

STEP2

Failing satisfactory settlement in Step 1, the written grievance shall be submitted by the employee within three (3) days after the Department Head's decision is given to the Manager or his designate. The grievance shall be accompanied by written reasons for the rejection of the Department Head's decision at Step 1. A meeting will be held within five (5) days between the Manager (or his designate) and the employee concerned and the shop steward, if the employee desires his assistance. A staff representative of the Union may be present at the request of either the Company or the employee. It is understood that the Manager (or his designate) shall have such assistance as he may

desire at the meeting. Failing settlement, the decision of the Manager shall be delivered in writing within five (5) days to the Union.

8.02 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within seven (7) days after the decision under Step 2 is given, the grievance shall be deemed to have been settled.

8.03 (a) Where no written decision has been given within ten (1 0) days the grievance may be submitted to the next step of the foregoing procedure, including arbitration. Similarly, if the Union fails to comply with the time limits herein set forth for their part in the grievance procedure, the grievance will be considered to have been abandoned.

(b) The time limits stipulated in this procedure may be extended by mutual agreement in writing between the Company and the Union.

8.04 It is agreed that a grievance of policy arising directly, between the Company and the Union shall be originated under Step 2 within ten (1 0) days after the circumstances giving rise to the complaint having originated or occurred. it is understood, however, that this section shall not be used to bypass the regular grievance procedure.

ARTICLE 9 - DISCHARGE CASES

9.01 A newly hired employee shall be considered on probation for a period of ninety (90) calendar days calculated from the most recent date of hire. During this probation period the employee may be discharged for a lesser standard than just cause where, in the sole opinion of the Company, the employee's performance, conduct, attitude, attendance, or general suitability is unsatisfactory, provided that in making such an evaluation, the Company does so in good faith. After the ninety (90) calendar days referred to above, the employee's name will be entered on the appropriate departmental seniority list with the seniority dated from the date last hired.

9.02 A claim by an employee who has completed his probationary period that he has been discharged without cause shall be treated as a grievance if a written statement of such Grievance is lodged with the Company at Step 2 within five (5) days after the employee is discharged. The conferring parties under the Grievance Procedure may settle such special grievance by an Arbitrator or by:

(a) Confirming the Company's action in dismissing the employee.

(b) Reinstating the employee without compensation for time lost or with payment to him for time lost due to the discharge at his regular rate of pay for his normally scheduled work for the period the employee would otherwise have worked less any amount of money earned by the employee during this period.

(c) By any other arrangement which may be deemed just.

9.03 Pursuant to his being discharged, an employee shall be allowed to confer with his shop steward for a reasonable length (up to one-half hour) of time before leaving the Hotel premises.

9.04 Arbitration Discharge Cases (a) In all discharge cases, there shall be a single Arbitrator chosen by the parties

within ten (1 0) calendar days, failing which, either party may apply to the Ministry of Labour for the Province of Ontario to appoint an Arbitrator pursuant to Section 45 of the Ontario Labour Relations Act.

(b) The Company and the Union shall share equally the fee and expenses of the arbitrator selected from the list to hear the discharge case.

9.05 Any notice of disciplinary action, which becomes part of an employee's employment record, shall be withdrawn from the employee's file if the employee has had no disciplinary notices for a period of eighteen (15) months. An employee shall have the right to review his disciplinary record.

ARTICLE 10- ARBITRATION

10.01 When either party requests that any matter be submitted to arbitration as herein before provided it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee, provided however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees so appointed shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon a Chairman within a period of five (5) days, either of the parties shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman, who shall be chosen having regards to his qualifications in interpreting collective agreements.

10.02 No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the grievance.

10.03 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the Grievance Procedure.

10.04 The Arbitration Board or Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to, or amend any part of this Agreement.

10.05 The parties will expedite the proceedings of the Arbitration Board hereto, and the decision of the majority will be final and binding upon the parties hereto and the employee or employees concerned.

10.06 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the Chairman of the Arbitration Board.·

10.07 For the purpose of Articles 8, 9, and 10, the word "days" shall not include Saturday, Sunday or holidays as set out in Schedule

10.08 Expedited Arbitration

This Article shall not affect either party's right to apply for the appointment of an arbitrator under the expedited arbitration provisions of the Labour Relations Act.

ARTICLE 11 - SENIORITY

11.01 (a)

(b)

New Employees will be considered probationary employees for the first ninety (90) calendar days worked of their employment at the Radisson Admiral Hotel and during the probationary period will be entitled to no seniority and may be dismissed or laid off pursuant to Article 9.01. Upon completion of the probationary period the employee's name will be entered on the appropriate departmental seniority list with the seniority dated from the date last hired.

The departments for seniority purposes are:

• Maintenance

• Housekeeping

• Restaurant/Bar

• Kitchen

• Stewarding

• Banquets

• Houseman

• Front Office

• Bell Service

11.02 Subject to 11.06, seniority shall only be department wide. Accordingly, an employee with seniority in one department shall not have seniority in any other department.

11.03 Employees employed in any one of the departments listed in clause 11.01 (b) shall only have seniority in that department and shall not have seniority rights to any other department.

11.04 (a)

(b)

All new jobs in the bargaining unit or permanent vacancies in existing jobs in the bargaining unit that the Company intends to fill will be posted for five (5) working days. Any employee who wishes to be considered for the posting may make a written application to the Department Head.

Employees accepted by the Company to a posted job who either fail to qualify, or are dissatisfied with the job, within a period of sixty (60) days shall be returned to

their former job. Any other employee affected thereby will also be returned to their former classification. The Company will return to the list of employees on the original job posting and award the job to the next successful applicant in accordance with the terms of Article 11.04(e).

(c) The Company may fill the second and subsequent vacancies flowing from the original job posting.

(d) If an employee is absent for, or going to be sent for, three (3) months due to sickness, accident, or leave of absence, the vacancy shall be posted as a temporary vacancy and filled according to 11.04(e). Upon return to work, the employees will return to their positions.

(e) In all cases of promotion (except those in respect of positions excluded from the bargaining unit), and in all cases of layoff or recall, the following factors shall be considered:

(i) Departmental seniority;

(ii) Qualifications, skill and ability

Where matters in factor (ii) are relatively equal in the judgment of the Company, factor (i) shall govern; provided, however, that Management shall not exercise its judgment in an arbitrary manner.

11.05 The Company will assign a seniority employee who, due to lack of work, is displaced from his regular job to a vacancy in his department provided the employee has the skill anc;t ability to do the work involved. If there is no such vacancy, the employee will be assigned to work being performed by another employee with less seniority in his department providing the employee has the skill and ability to do the work involved.

Whenever used in this Agreement the word "ability" shall mean presently possessed of the accomplishment which enable the person to perform the work required in accordance with the Company's quality and service standards.

11.06 When a seniority employee transfers in to another department, his or her departmental seniority date for the purpose of scheduling in the new department shall be considered to be the effective date of the new department's seniority list. If the employee is subject to a layoff in the new department he or she may elect to either:

(a) Transfer to a vacant position for which he or she has the ability to perform in the department from which he or she transferred to the new department where such an opening exists.

(b) Transfer to a vacant position elsewhere in the bargaining unit, which he or she has the skill and ability to perform where there, is no such vacancy to the department from which he or she transferred.

If no such vacancy exists, the employee will be laid off until a vacancy arises in either his or her new department or his or her former department. When the employee is either recalled or transferred to his or her former department his or her seniority in the former department will be recognized for the purposes of scheduling.

11.07 In the event of a room closure, the Company will undertake to place any available, before hiring any new employee, provided the affected employee has the skill and ability to do the work involved.

11.08 Departmental seniority applies to entitlement to available days off and shift preference on available shifts subject to the Company being able to maintain a qualified and efficient work force. The Company and the Union agree that employees will not be entitled to "Cherry Pick" their shifts.

11.09 Loss of Seniority

An employee shall lose all seniority and service rights and his employment shall be deemed to have terminated if:

(a) He or she is laid off twelve (12) months:

(b) He or she is on layoff and fails to indicate his willingness to return to work within forty- eight hours after he receives or is deemed to have received notice to recall sent by registered mail to his last known address by the Company or if he, within seven (7) days after such notice of recall is sent, fails without a reasonable excuse, to return to work;

(c) He fails to report for three (3) consecutive scheduled working days without a reason satisfactory to Management;

(d) He is discharged and is not reinstated through the Grievance or Arbitration procedure with full seniority.

11.1 0 It shall be the duty of the employee or laid-off person to notify the department head promptly, in writing, of any changes in his address or telephone number.

If any employee or laid off person shall fail to do this, the Company will not be responsible for the failure of the notice to reach him, and any notice sent by the Company by registered mail to the address which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or laid off person on the third day after it was so sent.

11.11 (a)

(b)

(c)

(d)

Within sixty (60) days after the ratification of this Agreement the Company shall, whenever possible, post a departmental seniority list in the relevant department;

Thereafter, the Company shall post a revised departmental seniority list at least every six (6) months. Copies of such lists shall be supplied to the Union at interval of six (6) months

An employee shall be entitled to dispute the accuracy of his seniority as shown on any departmental seniority list posted pursuant to this Article by filing a written notice with the department head and setting out therein the grounds of his objection within thirty (30) calendar days of the posting. If the dispute is not resolved to that employee's satisfaction, he may file a grievance pursuant to Article 8.

If an employee does not file a dispute, as herein provided or upon filing a dispute does not process the dispute as provided in this Agreement, he shall be deemed

to have accepted as final and binding his seniority as shown on the departmental seniority list that has been posted.

(e) employee shall not be entitled to dispute his seniority as shown on any dep~~mental seniority list where the dispute relates to the accuracy of his semonty as shown on any prior departmental seniority list which was not disputed at the time and grieved.

11.12 Seniority Part-Time Employees

(a) In all cases of filing permanent job vacancies for part-time employees within a department and in all cases of layoff and recall of part-time employees within a department, the criteria set out in paragraph 11.04 shall apply.

(b) Part-time employees have seniority in the part time classification. If a part time employee becomes a full time employee, he or she shall be entered at the bottom of the full time seniority list and his or her seniority will start 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 will 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.

ARTICLE 12- LEAVE OF ABSENCE

12.01 The Company may, at its discretion,. grant a leave of absence without pay and without loss of seniority to any employee for personal reasons. All requests for such leaves of absence shall be in writing as far in advance as practicable. The Company agrees to reply to such requests in writing within seven (7) working days, whenever possible. Leave terms will comply with Ontario Employment Standards Act. Employees who do not return at the end of a designated leave may be subject to loss of seniority and possible termination unless they have a valid reason and approval from management.

12.02 Maternity Leave and Parental Leave

Both parties intend to comply with Part XI of the Ontario Employment Standards Act dealing with Maternity and Parental Leave.

ARTICLE 13- REPORTING FOR WORK

13.01 The Company agrees that an employee reporting for work at the commencement of his regular shift, unless previously notified in advance not to do so, shall be entitled to either of the following provisions unless failure to apply work is due to conditions beyond the control of the Company which shall include but not be restricted to fire, flood, electrical, or mechanical breakdown.

(a) If the employee is authorized to commence work and does so, assignment of his normal daily hours of work at his basic hourly wage rate or payment in lieu thereof if sent home prior to completion of his normal daily hours of work. An

employee so affected will perform such temporary related or departmental work as available in order to qualify for payment hereunder; or

(b) If the employee is not authorized to commence work, four (4) hours' pay at his basic hourly wage rate.

13.02 Each employee will be entitled to two (2) paid Sick/Personal Emergency Leave days, these days are to be taken in compliance with the conditions stated in the Ontario Employment Standards Act.

Effective December 1, 2019, full-time employees who have completed one (1) year of employment with the Company shall be entitled to one (1) additional paid Sick/Personal Emergency Leave Day up to a maximum of three (3) Sick/Personal Emergency Leave Days per calendar year.

ARTICLE 14 - BONDING

14.01 It is expressly understood that as a condition of employment each employee must be and remain acceptable for bonding purposes and it is agreed that failure by the employee to be and remain acceptable to the Company's bonding company, immediately terminates his employment regardless of seniority or other conditions.

ARTICLE 15 -INDIVIDUAL AGREEMENTS

15.01 No employee coveted by this Agreement will .enter in to any individual Contract or Agreement with the Company concerning wages or working conditions that will in any way conflict with the terms of this Agreement.

ARTICLE 16- HOLIDAYS

16.01 The Company agrees to provide during the term of this Agreement holiday entitlements set out in Schedule "B" attached hereto.

ARTICLE 17- WAGES

17.01 The Company agrees to pay and the Union agrees to accept during the term of this Agreement as minimums, the wage rate set out in Schedule "C" attached hereto. Pay cheques will be given to employees in sealed envelopes.

17.02 Three (3) employees on the negotiating committee will be paid by the company to attend meetings.

ARTICLE 18- VACATIONS

18.01 The Company agrees to provide during the term of this Agreement vacation entitlement set out in Schedule non attached hereto

ARTICLE 19- HEALTH & WELFARE

19.01 The Company agrees to provide during the term of these Agreement contributions to Health and Welfare Plans as set out in Schedule nEn attached hereto.

19.02 Commencing December 1, 1997, the Employer agrees to contribute to the Union $0.10 (ten cents) per hour for all hours worked for Health & Welfare Life Insurance Benefits for regular part-time employees.

Such monies will be forwarded to the Union in the following months after said month that the deductions were made. Such contribution shall be used solely for the purpose of providing Health & Welfare Life Insurance Benefits for those part-time employees.

ARTICLE 20 - HOURS OF WORK

20.01 The normal workweek shall consist of forty (40) hours per week. It is hereby expressly understood and agreed that the provisions of this Article are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otherwise, nor as a guarantee of working schedules.

20.02 Overtime at the rate of one and one half (1 %) times the employee's straight time hourly rate of pay exclusive of premiums shall be paid for hours worked in excess of eight (8) hours of work per day. This paragraph does not apply to banquet employees.

20.03 In no case shall there be duplication or pyramiding of overtime or any other premium compensation.

20.04 Every effort shall he made to schedule two (2) consecutive days off in each week; however, it is understood that in cases of emergency or for some specific work assignment it may not be possible to attain this goal.

20.05 There shall be a one half (1/2) hour unpaid lunch break in each working day at a time or at times to be designated by the Company.

20.06 The Company agrees that the choice of days off shall be by seniority, subject to the right of the Company to maintain a qualified and efficient workforce.

20.07 The Company agrees to offer overtime work on the basis of seniority. Overtime will be on a voluntary basis subject to the following understanding. If the senior employees refuse the overtime then employees with progressively less seniority will be offered the overtime. If the Company is unable to get volunteers, junior employees must work in the reverse order of seniority, provided the Company must be able to maintain a qualified work force.

20.08 Except for banquets an, an employee scheduled to work in his/her sixth (6th) or seventh (7th) consecutive day shall be paid at the rate of time and one half (1 Y2) his/her regular hourly rate for all hours worked. Notwithstanding the above, an employee who requests to work on his/her scheduled days off to make up for a shortage of hours, which results in work being performed the sixth (6th) or seventh (7th) day, the employer shall not be required to pay overtime rates to honour this request.

20.09 In the Banquet Department, overtime shall be paid at the rate of one and one half (1 Y2) times the employee's straight time hourly rate of pay, exclusive of premiums, for all hours worked in excess of forty-four (44) hours a week.

20.10 {a)

{b

Once a Departmental schedule has been posted an employee will not be forced to alter a scheduled day off unless given twenty-four {24) hours' notice, except in cases of emergency.

If the required twenty-four {24) hours' notice has not been given in accordance with the above stipulation and the employee works on a scheduled day off, the remaining portion of that employees current weekly schedule will not be altered for the sole purpose of avoiding overtime payment.

20.11 Employees temporarily transferred to a higher rated classification for more than one hour shall be entitled to receive the rate of pay for the higher classification for all time so worked. If the rate of pay for the job to which the person transferred should be less then the employee's regular pay they will receive their regular rate of pay.

20.12 The Company is to post staff schedules seventy-two (72) hours in advance.

ARTICLE 21- BEREAVEMENT LEAVE

21.01 In the event of the death of an employee's husband, wife, common-law spouse, child, parent, stepparent, mother-in-law, father-in-law, brother, sister, grandparent, grandchild or foster child, an employee who has served the probationary period shall receive up to three (3) days leave of absence in order to attend the funeral and will be paid for lost time up to a maximum of eight {8) hours per day for each regularly scheduled work days that comes within such three (3) day period.

21.02 It is also agreed that in the case of a death in the family defined in Article 21.01, outside of Ontario and Quebec, where the employee does not attend the funeral, the Company shall grant a one {1) day leave of absence without loss of pay. Where the employee does attend the funeral, the Company will grant a leave of absence of up to three {3) days, without pay, in addition to the employee's entitlement pursuant to Article 21.01.

ARTICLE 22- CALL-IN-PAY

22.01 An employee who has left the hotel after the completion of his regular shift and is called back to work shall receive a minimum of four (4) hours pay at this straight-time hourly rate. It is understood that this provision shall not apply in the case of an employee who is required to work within a period prior to the commencement of this regular shift, but he shall be appropriately compensated.

ARTICLE 23- PART-TIME EMPLOYEES

23.01 The parties agree that the terms and conditions of this Collective Agreement shall apply to part-time employees with the exception of the following Articles, Clauses and Schedules:

• Article 13

• Article 18

• Article 19

• Article 20

• Article 22

• Article 24.01

• Article 24.1 0

• Schedule "D"

• Schedule "E"

ARTICLE 24- WORKING CONDITIONS

24.01 General

(a) The Employer will pay the cost of one pair of safety shoes per year, to maximum of eighty-five ($85.00) dollars, for Kitchen, Restaurant, Banquets, Maintenance and Housekeeping employees. Management must approve the style and colour of the shoes.

(b) When a guest leaves a gift for an employee the employee shall be entitled to remove the gift from the Company's premises provided the employee has a signed authorization from the Company.

(c) An employee who is scheduled to be at work either before or after TTC is available shall receive complimentary parking for that shift.

24.03 Banquet Department

(a) A full-time Banquet employee is a Banquet employee who regularly works more than twenty-four (24) hours per week.

(b A part-time Banquet employee is a Banquet employee who regularly works not more than twenty-four (24) hours per week.

(c) A casual Banquet employee is a banquet employee who works intermittently for the Company and who is designated as such. A casual banquet employee shall ·be deemed to have been hired for each function worked and terminated at the

end thereof and as such shall only be entitled to the wages earned. It is also understood and agreed that the Company will not schedule a casual banquet employee to work until all available Full-Time and Part-Time banquet employees are scheduled to work first. The Company will deduct dues from a casual banquet employee for the day that the casual banquet employee is working. The casual banquet employee will be entitled to the same gratuities as any other employee working the function. In addition a casual banquet employee will not be entitled to any other coverage or Article of the Collective Agreement. Casual banquet employees will be entitled to the wage schedule and to the gratuities distribution.

(d) The Company agrees to post the Banquet forecast one (1) month in advance on the first day of the month. The posting shall include all confirmed functions by group and include the numbers of guests forecast.

(e) The Company agrees to replace uniforms on a one-for-one exchange basis as required.

(f) The Banquet schedule will be posted Thursday of each week by 3:00 p.m.

Gratuities

It is agreed that of the total amount of gratuity left by the guest, if the gratuity charged is fifteen percent (15°/o}, seventy-five percent (75%) of the gratuity on food and beverages will be shared amongst the Unionized employees of the Banquet Department. It is agreed that of the total amount of gratuity left by the guest, if the gratuity charged is eighteen percent (18%,) or greater, seventy-three percent (73°k} of the gratuity on food and beverages will be shared amongst the Unionized employees of the Banquet Department. Management shall calculate and distribute all gratuities. Management shall calculate and distribute all gratuities. The gratuity distribution sheet shall be made available bi-weekly to all Banquet Employees.

Payment of Gratuities

Managerial employees are not entitled to share in the seventy-five (75°k) percent of the gratuity on food and beverages.

It is further agreed that the invoices showing the total amount of gratuities signed by the guests will be made available to the Union for inspection upon request.

Only those unionized employees who work Banquet Bars will be entitled to the Bartender gratuity portion of gratuities.

Scheduling

The Hotel will, subject to the work being available, schedule Banquet employees on the basis of seniority.

General

(a) The Company shall supply to each full-time and part-time employee a uniform in accordance with the normal practice used in supplying uniforms to all employees in all Departments.

(b) Currently, the hourly labour charge for host and cash bars is $15.00 per hour. Should there be any change contemplated, Management will consult with the Union.

(c) Management will continue the practice of assigning Banquet Houseman to do Continental Breakfast, Hot Buffet Breakfast, Coffee Breaks and buffet lunches, to a total maximum of 50 guests per group, with the exception of VIP functions.

Houseman will be assigned to hot breakfast buffet with 50 attendees or under per group. For groups 51 and over, server(s) will be assigned.

Houseman will be assigned to buffet dinners with 20 attendees or under, without served alcohol. For buffet dinners with over 20 attendees, or any buffet dinners with served alcohol (orders taken by server), server(s) will be assigned.

Server(s) will be assigned to all plated breakfast, lunch and dinners.

Server(s) will be assigned to receptions with served alcohol. A reception shall be defined as any event with served alcohol and passed hors d'oeuvre. Management will assign servers for reception function with or without alcohol as appropriate regardless of the number of guests.

(d) Bartenders will be scheduled according to the service needs of the client. (e) Special Events/Pricing

(e) Specjal EvenVPricinq

The parties agree that in cases of lower rated events, the prices may be discounted in order to secure business. Union employees will receive 75°k of the charged (15%) gratuity on this discounted price. For hotel-sponsored events, union employees will receive 100% of the charged 1 Oo/o gratuity. Sponsored events are when the hotel pays for the function.

(f) Corkage

Gratuity shall be based on the retail value of the house wine regularly sold by the hotel. Union employees will receive 75% of the charged (15%) gratuity on the corkage price (wine brought by the guest at the hotel for a function)

24.04 Bellmen

The following rates shall apply for Bell Staff for guest requested deliveries:

(a) Effective day after day of ratification: Gift Delivery -$1.75 per room during the term of the Collective Agreement.

(b) Effective day after day of ratification: Bell persons will be guaranteed $2.50 for luggage in and out for each bag on tour:

Notwithstanding the above, the parties agree that this will not affect those tours and organized delivery contracts signed prior to ratification. The parties agree that in the case of lower rated tours (for example, church groups, student groups, etc.) the Company will not be forced to refuse the business due to this letter of intent, but the

Union will be given reasonable access to relevant documents which support the basis of the Company's decision that such tours would have been lost if the minimum baggage charge was imposed.

24.05 Room Services Deliveries

Complimentary small fruit baskets and champagne, etc.: $1.00 flat rate. Large fruit baskets, $1.50 flat rate.

Room Service Checks will be marked 15% gratuity included, which shall be added in and totalled. Should the guest refuse to pay the 15% gratuity for any reason the employee will not be entitled to any payment.

24.06 Maintenance Department

The Hotel will continue the current practice of having the night maintenance man deliver guest papers.

The Employer will provide pertinent clothes for specific jobs and weather conditions.

24.07 Kitchen

At the Chefs discretion, damaged paring and boning knives shall be replaced.

24.08 Food Service Outlets

1. Employees will not be held solely responsible for shortages if more than one (1) perso~ handles the same cash for the duration of the shift.

2 Gratuity on staff meals will be 10% for those authorized by the General Manager to have such a privilege.

3. When a person calls to make a reservation for a party of eight (8) or more for lunch or dinner in the restaurant or lounge, it is suggested to the person making the reservation that a suggested gratuity of 15% will be added to the bill. If the person making the reservation objects, no such gratuity is added. Furthermore, as it is a suggested gratuity even though it may be shown on the bill the guest is under no obligation to pay it. Finally, even if the guest has agreed to a suggested gratuity, if the guest subsequently complains about the service, the gratuity is not added to the bill.

4. All Restaurant checks and menus "Gratuity not included".

24.09 Parking Spaces

The Company recognizes that under normal circumstances the doormen will be allowed the use of two (2) parking spaces for guests and patrons of the Hotel in an area designated by the General Manager. It is understood that in busy periods these spaces will be available for general use.

24.1 0 Duty Meal

(a) All employees falling within the scope of this Agreement shall be provided one (1) complimentary duty meal per day. Alternatively, employees may purchase meals from the kitchen, in off peak hours, at 50% of the menu price.

(b) The Company shall meet the Chief Steward, from time to time to review the duty meal menu.

24.11 A server is responsible for collecting the amount of the cheque from his/her customers. Where the server fails to do so, without a satisfactory explanation in accordance with a reasonable or prudent practice, the server shall pay the Company the cost of the food and beverage.

24.12 Room Attendant (a) A Room Attendant shall be expected to clean sixteen (16) rooms per day with a

maximum of twelve (12) checkouts.

However, should she finish her rooms before her shift ends, she may be assigned other duties.

The parties recognize that there will be extenuating circumstances, such as trashed rooms, where it will not be reasonable to meet this standard. In such circumstances, it is the responsibility of the Room Attendant to report such circumstances to the Executive Housekeeper or her designate. In such circumstances the Room Attendant's workload will be suitably adjusted.

(b) Room Attendants shall receive t~ree dollars ($3.00) for each cot made up.

(c) When Room Attendants are assigned to twelve (12) or more check-out rooms, the total daily room assignments will be reduced by one (1) room per additional check-out.

(d) When replacing a Do Not Disturb room the Supervisor will make every reasonable effort to replace it with the same room type or status.

(e) The Company shall provide replacement uniform pieces on a one for one trade-in basis as required.

(f) Room attendants will be assigned a maximum of two (2) studio rooms per shift.

(g) When Room Attendants are assigned to rooms on three (3) or more different floors the total daily room assignments will be reduced by one (1) room.

(h) Rooms 200, 300, or 400, will be considered as two (2) rooms.

24.13 Laundry work shall be in the Housekeeping Department. The Company and the Union agree that the two Galley supervisors shall be excluded from the bargaining unit.

24.14 Charity Functions

Employees shall receive the normal gratuity provided for in the Collective Agreement, equivalent to that charged at the current retail menu prices.

24.15 The Company agrees to pay for their share of the annual Christmas Party for the Shop Stewards.

Effective January 1, 1998, the Company agrees to pay up to $1,100 towards the Christmas party for the Shop Stewards.

24.16 The Union and the Company will each pay half (%) the cost of printing the Collective Agreements. All employees should receive a copy of the collective agreement and Health and Welfare benefits booklet upon ratification or on hire. The Company will always be provided with a current Health and Welfare benefits booklet so that they can inform current and new employees of the benefits available.

ARTICLE 25- EQUAL EMPLOYMENT OPPORTUNITY

25.01 The Company and the Union agree that this Agreement shall be interpreted in accordance with the Ontario Human Rights Code, the Canadian Charter of Rights and Freedoms, and the Ontario Labour Relations Act.

ARTICLE 26 -HUMANITY FUND

The Company agrees to deduct on a weekly basis the amount of two cents ($0.02) per hour worked from the wages of all employees, and remit such sums to the Union together with the names and amounts paid by each employee.

ARTICLE 27 -JURY AND WITNESS DUTY

An employee shall be granted leave of absence with pay at his/her regular hourly rate, for the normally scheduled number of hours the employee would have otherwise worked for the purpose of serving on jury duty, or as a material witness subpoenaed by the Crown, provided that proof of service is furnished and the company is reimbursed for the full amount of jury pay or witness fees. The employee shall notify his/her supervisor immediately upon receipt of notification that the employee will be required to serve. If the employee is not required to attend court he/she shall report for work.

ARTICLE 28 -DURATION

28.01 This Agreement shall continue in effect on December 1, 2017 unless otherwise indicated, and shall remain in full force and effect and shall not be re-openable, save and except as otherwise herein expressly provided, until the 30th day of November 2020, and shall continue automatically thereafter during annual periods of one (1) year each, unless either party notifies the other party in writing as provided in Article 28.02 hereof its desire to negotiate amendments to this Agreement.

28.02 Notice that amendments are required shall only be given during the period of not more than three (3) months and not less than one (1) month prior to the 30th day of November 2017 of similar periods thereafter. If notice of desire to amend this Agreement is given by either party in accordance with the foregoing, the other party agrees to meet for the purposes of negotiations, and this Agreement shall remain in effect until the new agreement has been negotiated and signed or until the date upon which time the Union or the Company may call a legal strike or lock-out pursuant to the Labour Relations Act of Ontario, whichever comes first.

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives. DATED in Toronto this :1 f day of cxJvho 2018.

For the Company:

RADISSON ADMIRAL HOTEL

For the Union:

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 333

.£1

SCHEDULE "A"

Wage 2o/o (3% HK 20A, 2% Deparment)

Year1 Year2 Year3 Classification Housekeepina

Guest Attendants $18.84 $19.22 $19.60 Housepersons $18.84 $19.22 $19.60

Midnioht Houseperson $18.96 $19.34 $19.72

Guest Service Bell person $14.00 $15.00 $15.30

Kitchen Station Chef $23.27 $23.73 $24.20

Assistant Cook $19.64 $20.03 $20.43

Apprentice Cook $16.39 $16.72 $17.05 Kitchen Helper $16.23 $16.55 $16.88

Steward ina Floor Steward $18.51 $18.88 $19.26

Dish/Pot Washer $17.48 $17.83 $18.19

Fifth Floor Bartender $16.96 $17.30 $17.64

Server $12.20 $13.05 $13.31 Hostess $14.59 $14.88 $15.18

Banauets Bartender $16.96 $17.30 $17.65

Server $12.20 $13.05 $13.31 Banquet Houseperson $16.90 $17.24 $17.58

Banquet Cashier $15.06 $15.36 $15.66 Coatcheck $14.59 $14.88 $15.18

Maintenance General Maintenance $21.96 $22.40 $22.85

Maintenance Helper/Cleaner $16.34 $16.67 $17.00

Front Office Guest Service Agent $18.64 $19.01 $19.39

*In lieu of the general wage increase, Servers wage increased to $12.20 in year 1 and $13.05 in year 2.

*In lieu of the general wage increase, Bell Persons wage increased to $14.00 in year 1 and $15.00 in year 2.

*In lieu of the general wage increase, Employees in the Housekeeping department wages increased by 3% in year 1.

SCHEDULE "B"

HOLIDAYS

1. Employees in the active employ of the Company who have completed their probationary period and who are not required to work on the holiday concerned shall receive pay for the following holidays:

New Year•s Day Good Friday Anniversary Day

Victoria Day Civic Day

Labour Day Thanksgiving Day

Christmas Day Boxing Day

Canada Day Family Day

Holiday pay shall be computed on the basis of the number of hours the employee would otherwise have worked had there been no holiday at his regular straight time hourly rate of pay.

In order to qualify for holiday pay the employee must work his full scheduled shifts on each of the workdays immediately preceding and immediately following the holiday concerned.

2. Employees in the active employ of the Company who have completed their probationary period and who are required to work on New Year•s Day, Good Friday, Victoria Day, Canada· Day, Civic Holidays, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day or Family Day shall be paid at the rate of time and one half (1 %) the employee's regular straight time hourly rate of pay, and in addition shall receive holiday pay calculated in accordance with Section 1 of this Schedule 11B11

•

3. If a holiday falls within an employee•s vacation period the Company shall grant either an extra day•s holiday at a time convenient to the Company or pay for the holiday as provided herein.

4. An employee called into work on a Statutory Holiday, will be paid for his regular shift unless the employee requests to go home early.

SCHEDULE "C"

WAGES

1. The wages shall be as set out in Schedule "A" attached hereto.

2. Part-time Employee and Students

Part-time employees and students will be paid the rate of the job they are performing but will not be covered by any other fringe benefits contained herein. Such employees will pay Union Dues but not the Union initiation fee. (*INITIATION FEE IS ACTUALLY $50 FOR PART-TIME AND $100 FOR FULL-TIME AT THE MOMENT.)

3. Any employee whose rate of pay is higher than the job rate shall be considered red circled, and will receive an increase equivalent to the applicable% increase on the rate of pay for their classification.

4. New Classifications

During the course of this Agreement, if the Employer institutes a new job classification, a rate will be set and the Union will be notified. If the Union disagrees with the rate, the Union will so advise the Employer within thirty (30) days of the notification, after which a meeting will be arranged to negotiate the rate. If no agreement can be reached, the Union may refer the issue to arbitration within thirty {30) days of the meeting. If an arbitrator cannot be selected by mutual agreement, the Office of Arbitration will be requested to make an appointment.

SCHEDULE "D"

VACATIONS

1. Full-time seniority employees shall be entitled to an annual vacation in accordance with the following:

(a) An employee on his/her anniversary date who at the beginning of the calendar year has:

(i) completed one (1) year of service or more but less than live (5) years of service, two (2) weeks' vacation with four percent (4°/o) on total wages earned in the previous anniversary year.

(ii) completed five (5) years of service or more, three (3) weeks' vacation with six percent (6%) on total wages earned in the previous year.

(iii) completed ten (10) years of service or more, four (4) weeks' vacation with eight (8°/o) on total wages in the previous year.

(iv) completed twenty (20) years of service or more, five (5) weeks' vacation with ten (10%) on total wages in the previous year.

2. All vacation leave must be taken, and vacation pay paid out, by the end March, following the anniversary year in which the vacation is earned. All employees must take a minimum of (two) 2 weeks of vacation.

3. Employees shall apply for vacation by seniority prior to March 15th of the vacation year.

Following March 15th, choice of vacation shall be made on the basis of seniority on available date only and as long as the Company is able to maintain a qualified and adequate staff in the department. Once the vacation dates have been allotted to an employee they shall not be changed.

4. Vacation credit shall not be accumulated from one year to the next.

5. An employee shall not be allowed time off or vacation pay against vacation credits not yet earned.

6. Vacation pay of five (5) or more days will be paid out on a separate cheque.

SCHEDULE "E" HEALTH & WELFARE

1. Effective upon ratification, in addition to the wages regularly to be paid by the Company to the employees as provided in this Agreement, the Company shall contribute to the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund a sum of two hundred and five ($205.00) dollars plus the prevailing rate of Retails Sales Tax, per month for each employee in service covered by this Agreement who is on the payroll for services rendered during any regular period, provided that such employee has been employed a minimum of twenty-four (24) hours per week and has been in the employ of the Company for a period of thirty (30) days.

2. Effective December 1, 2018, the contribution shall increase to two hundred and ten ($21 0.00) dollars plus the prevailing rate of Retail Sales Tax.

Effective December 1, 2019, the contribution shall increase to two hundred and fifteen ($215.00) dollars plus the prevailing rate of Retail Sales Tax.

3. Such contributions shall be paid monthly and shall be used solely, for the purpose of providing health, welfare and death benefits and such other benefits as may be afforded to eligible employees in accordance with this Agreement.

4. The Company agrees to pay to the Health & Welfare benefits for the first one hundred and eighty (80) days of absence due to illness.

5. Payments to be made by the Company to the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund on or before the first (1st) day of each month. The Company will complete forms to be furnished by the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund for reporting of "Welfare Contributions" to be forwarded to the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund.

6. All such monies due to the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund from the Company herein under the provision of this Agreement shall be segregated each week by the Company until monthly remittances is made to the United Food and Commercial Workers Union, Local 333 and shall not be commingled with the funds of the Company, but shall be held in trust for the benefit of the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund.

7. (a) Any late payments to either the United Food and Commercial Workers Union, Local 333 Health & Welfare Fund or the Union (including but not limited to Union dues, initiation fees or assessments) that are not made as and when required by this Collective Agreement shall incur interest calculated at one-half percent (1/2%) per month or part thereof (which is liquidated damages and not penalty) from the date which such payment should have been made by the Employer.

(b) In the event that an Employer fails to make any remittances or payments whether to the Fund, the Union or otherwise, as and when required by the Collective Agreement, the Employer shall be liable for all costs of any proceedings initiated by the Union to collect such payments (including interest for late payments as provided for in Article 9.06 (a) including but not limited to legal fees, witness fees, cost of the arbitrator or arbitration board, and any and all other incidental costs including any proceedings to enforce 6 (c).

(c) In the event that the Employer is late more than two months in arrears in making any payments required under this Collective Agreement, the Union may require the Employer to deposit with the Union security in an amount calculated to be twice the average monthly total payments by the Employer to the Union in the preceding twelve months. This security may be in the form of either:

(i) An irrevocable letter of credit from a chartered bank in favour of the Union;

(ii) A cash bond in favour of the Union;

(iii) A certified cheque payable to the Union.

(d) This security shall be held on account for any future failure of the Employer to make any required payment to the United Food and Commercial Workers Union Health & Welfare Fund or Union as and when required by the Collective Agreement. Upon the Employer failing to make any such payment as and when required by the Collective Agreement, the Union may immediately draw upon the security, upon seventy two (72) hours' notice to the Company, in the amount the Union estimates to be the amount of the late payment by the Employer. The Union shall forthwith notify the Employer of the amount withdrawn from the security and the Employer shall forthwith replenish the balance of the security.

(e) In the event a full-time employee's hours are reduced below twenty-four (24) hours per week due to a reduction of hours affected by the Company, the Company agrees to pay the Health and Welfare contributions for the remainder of the month involved and for two months following. This provision does not apply to an employee recalled for a specific event.

8. The Company agrees to Grandfather the following list of 43 Full-Time employees for preservation of Full-Time Health & Welfare benefits, as in previous contract: however, should any of these employees terminate their employment with the Hotel, and later on being rehired, or change from Full-Time status to a Part-Time status, they will be removed from the list:

Victor Melendez Christine Owusu

Margaret Siwak Doris Hernandez

Albertina R Camargo Carlita Maniacup

Elvira Maniacup Esperanza Gonzalez

Angel Martinez-Rivas Janette D Calma

Jemal Mousa Maherun Nessa

Baljinder Jaswal Kerwin Anthony

Aarron Gomes Marcia Scott

Elpidio Enrile Joselito R Santos

PART-TIME BENEFITS

Effective January 1, 1999, the Company agrees to contribute for part-time employees the sum of ten ($0.1 0) cents per hour per employee for Health & Welfare.

PENSIONS

Effective December 1, 2017 the Company agrees to increase the contribution to the sum of fiftysix ($0.56) cents per hour for each employee employed by the Company for six months and under seventy-one (71) years of age, in a pension fund established by the Union and known as the Ontario United Food and Commercial Workers' Union Pension Plan. The plan is administered by Benefit Plan Administrator Limited, 90 Burnhamthorpe Rd. W., Suite 300, Mississauga, Ontario L58 3C3.

Effective December 1, 2018 the Company agrees to increase the contribution to the sum of fiftyseven ($0.57) cents per hour for each employee employed by the Company for six months and under seventy-one (71) years of age

Effective December 1, 2019 the Company agrees to increase the contribution to the sum of fiftyeight ($0.58) cents per hour for each employee employed by the Company for six months and under seventy-one (71) years of age

New Full-Time employees will be entitled to a pension benefit after two (2) years of employment.

SCHEDULE "F"

CONSENT

1. The Union also agrees that it will not involve the Company in labour disputes of other employers.

2. The Company agrees the following sick leave prov1s1ons shall become effective December 1 , 1997 and remain in effect for the life of the Agreement:

(a) The paid sick leave will come into effect for employees who are ill for five (5) working days or more, and who are eligible to collect from the Union Health and Welfare Plan on the sixth (6) day.

(b) The plan will be in effect for employees who have been in the employ of the Company for ninety (90) days;

(c) The Company may require a medical certificate as proof of illness;

(d) An employee may only claim this benefit once in each calendar year; and

(e) In cases of long term illness or pattern of illness, the Company reserves the right to request a doctor's certificate or to appoint another doctor, other than the one providing the certificate, in order to establish the facts, prior to the employee's return to work. The cost of such medical examinations shall be borne by the Company.

LETTERS OF UNDERSTANDING

BETWEEN:

The Radisson Admiral Hotel

-and-

The United Food and Commercial Workers Union Local 333

Letter of Understanding No. 1- Equal Employment Opportunity

It is the specific policy of the Hotel not to discriminate against any employee because of race, colour, sex, age, creed, national origin or handicap.

This policy includes:

- Placement, upgrading, transfer, demotion, recruitment, advertising or solicitation for employment.

- Training during employment.

- Discipline.

- Rates of pay or other benefits.

- Layoff or termination.

Letter of Understanding No. 2 -Shortage of Work

1. The Company agrees that, if practical and possible, it will offer alternate work to employees who have had their hours of work reduced and who, in the opinion of the Company, have the qualifications, skill and ability to meet the normal requirements of the work available, before hiring a new employee.

2. The Company is not obliged to offer work to an employee if it would result in overtime.

3. Employees will not accumulate any seniority in the department where the alternate work is found.

Letter of Understanding No. 3 -Winter Apparel

The Company will provide winter apparel as follows:

1. Winter jacket for each Maintenance employee, and

2. One (1) winter jacket for general use for each of the following classifications:

- Housekeeping Houseman

- Parking Attendants

- Bellman

Letter of Understanding No. 4 - Functions Booked into Restaurants

The Parties agree that the banquet staff shall serve functions booked into a Hotel restaurant if the Hotel restaurant is closed.

Also, if the Hotel requires additional servers, the additional server's work will be first offered to employees on the banquet seniority list. These employees will be called in order of their seniority on the banquet seniority list.

This letter overrides any conflicting seniority provisions found in the Collective Agreement.

The restaurant staff shall serve special event meals on Mother's Day, Valentine's Day, Easter, Christmas, New Year's Eve, Thanksgiving, or similar events.

Letter of Understanding No. 5 - Maintenance Employees

The Company shall provide one (1) parking spot on level P3, at no cost, for the use of maintenance employees.

Letter of Understanding No. 6 - Banquet Gratuities

The parties agree that for banquet functions of over 80 people, the Banquet Housemen shall receive Bo/o of the 75o/o Gratuities.

Letter of Understanding No. 7 -"Cherry Picking" of Shifts

The Company and the Union agree that employees will not be entitled to 'Cherry Pick" their shifts.

Letter of Understanding No. 8 -Accommodation of Pregnant Employees

Subject to the appropriate medical evidence, which may include a Functional Abilities Evaluation, the Company will make reasonable accommodation for pregnant employees.

Letter of Understanding No.9 - Harassment Policy

The Company agrees to implement a "Harassment Policy" including proper procedures.

Letter of Understanding No.1 0- Parking

The Company will continue to pay fifty percent (50%) of the cost of the monthly parking pass for employees.

Daily parking fees will be the responsibility of each employee.

Letter of Understanding No.11 - Banquet Gratuity Distribution

Collective Agreement Article 24.03 Gratuities- Unionized portion of gratuities 75°/o

All of the Unionized portion of the gratuities is distributed by function worked equally among those who work a function.

If the Servers only work functions, then the Servers who work a function will split equally among them the gratuities for that function worked.

Example: Monday

AM Function A Server #1 Total Gratuities Function A= $100.00

AM Function 8 Server#2 Total Gratuities Function 8 = $100.00

Server#3

PM Function C Server #4 Total Gratuities Function C = $189.00

Server#5

Server#6

Distribution as follows: Gratuities per function distributed equally among those who work the actual function.

Function A Server #1 $100.00 gratuities

Function 8 Server#2 $50.00 gratuities

Server #3 $50.00 gratuities

Function C Server#4 $63.00 gratuities

Server #5 $63.00 gratuities

Server#6 $63.00 gratuities

Housemen are not entitled to the Servers' gratuities. Housemen are only entitled to the Servers' gratuities as per the language in the current Collective Agreement Letter of Understanding No.6 -page 29.

** For reasons of clarity- The Union employee who works a function is entitled to the above described gratuity distribution for that function.

Housemen Scheduled to work Functions as per the Collective Agreement:

If only Housemen are scheduled to work a function as per the Collective Agreement, then the Housemen who work that function in the day are entitled to the 75°/o of the Union employee portion of the gratuities, and the Housemen who work the PM shift shall be entitled to the remaining 25% of the 75% Union employee portion of the total gratuities.

Example: Tuesday

AM Function A Houseman #1 Total Gratuities Function A= $100.00

Houseman #2

PM Houseman #3 Gratuity Entitlement

Houseman #4

Distribution as follows:

75% Union portion of total gratuities Function A= $100.00

75% = $75.00 distributed equally to the Housemen working the AM.

Remaining 25% = $25.00 distributed equally to the Housemen working the PM shift.

AM Function A

PM Function A

Bartenders

Host Bar

Houseman #1

Houseman #2

Houseman #3

Houseman #4

$37.50 gratuities

$37.50 gratuities

$12.50 gratuities

$12.50 gratuities

For functions of 1 00 people or less, the gratuities are kept separately from the Servers and all of the host bar gratuities go to the Bartender(s) who works the function.

For functions of 101 people or more, the gratuities are pooled with the gratuities for the Servers of the function, and the pool is distributed equally among the Servers and Bartender(s) who work the function.

Where Servers provide wine service for functions of 1 00 or less, the gratuities for that service go to the Servers who work that function only.

Where Servers provide wine service for functions of 1 01 or more, the gratuities for that service are pooled with the Bartender(s) and are distributed equally among the Servers and Bartender(s) who work the function.

Cash Bar

All gratuities for a cash bar go to the Bartender(s) who works the function.

RETIREMENT ALLOWANCE

Any full time employee whose age and service equals 75 and who chooses to retire between the ages of 61 and 65 (including the day of the 651 h birthday) shall be entitled to a lump sum payment of one thousand ($1,000.00) dollars for every five (5) years of service (or part thereof) to a maximum of five thousand ($5,000.00) dollars (less deductions).

between and foo… · any particular job, the nature of tools, equipment and machinery, change or...

Documents