COLLECTIVE AGREEMENT (the "Agreement")

between

HOSPITALITY & SERVICE TRADES UNION, LOCAL 261

(the "Union") and

THE METCALFE HOTEL

(the "Company")

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INDEX

A1iicle 1 -PURPOSE OF THE AGREEMENT ................................................................ 3

Aliicle 2 - RECOGNITION & SCOPE .............................................................................. 3

Aliicle 3 - UNION SECURITY ......................................................................................... 4

Aliicle 4 - MANAGEMENT RIGHTS .............................................................................. 5

Aliicle 5 -NO STRIKES OR LOCKOUTS ....................................................................... 6

Aliicle 6 - DISCRIMINATION ......................................................................................... 6

Aliicle 7- REPRESENTATION ........................................................................................ 7

Article 8 - GRIEVANCE PROCEDURE ........................................................................... 8

A1iicle 9- ARBITRATION ............................................................................................... 9

Aliicle 10- DISCHARGE CASES AND DISCIPLINE .................................................. 10

A1iicle 11 -SENIORITY ................................................................................................. 11

Aliicle 12- LEAVE OF ABSENCE ................................................................................ 15

Aliicle 13 -BULLETIN BOARDS .................................................................................. 16

Aliicle 14 - ACCESS TO PREMISES ............................................................................. 16

Aliicle 15- LOCKERS AND DRESSING ROOMS ....................................................... 16

Aliicle 16- UNIFORMS .................................................................................................. 16

Aliicle 17- HOURS OF WORK AND OVERTIME ...................................................... 17

Article 18 - TEMPORARY TRANSFERS ...................................................................... 19

Aliicle 19- ACCIDENT PREVENTION- HEALTH AND SAFETY COMMITTEE. 19

Aliicle 20 - GENERAL .................................................................................................... 20

Aliicle 21- MERIT RATING .......................................................................................... 21

Aliicle 22- PRESENT AND FUTURE LAWS ............................................................... 21

Aliicle 23- MONIES HELD IN TRUST ......................................................................... 21

Article 24- DEFINITIONS .............................................................................................. 21

A1iicle 25- APPENDICES .............................................................................................. 22

Aliicle 26- DURATION AND TERMINATION ........................................................... 23

APPENDIX A- WAGE SCALE MINIMUM AND CLASSIFICATIONS .................... 24

APPENDIX B- VACATIONS ........................................................................................ 25

APPENDIX C- HEALTH AND WELFARE .................................................................. 26

APPENDIX D- SICK LEAVE ALLOWANCE ............................................................. 28

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APPENDIX E- HOLIDAYS ........................................................................................... 29

APPENDIX F- BANQUET GRATUITIES DISTRIBUTION ....................................... 30

APPENDIX G- UNION RESOURCE DEVELOPMENT FUND .................................. 31

APPENDIX H- PART-TIME EMPLOYEES ................................................................. 32

APPENDIX I- APPLICATION FOR MEMBERSHIP .................................................. 34

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Article 1 -PURPOSE OF THE AGREEMENT

1.01 The general purpose of this Agreement is to establish mutually satisfactmy relations between the Company and the Union, to provide machine1y for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, including hours of work and wages for all employees subject to this Agreement.

1.02 The Union and the Company recognize that all workers in the hospitality industry are professional in conduct and qualified, deserving of the highest regard and as such, the parties agree that the Company's continued success and operation is dependent upon the mutual respect of eve1ybody's work. As well, the Union, the Company and bargaining unit employees will work together with respect and dignity.

Article 2 -RECOGNITION & SCOPE

2.01 a) The Company recognizes the Union as the sole and exclusive bargaining agent for

all of its employees employed in the Company at 123 Metcalfe Street, save and except Supervisors, persons above the rank of Supervisor, accounting staff, office/clerical staff and sales staff.

b) Persons in the employ of the Company, not subject to the Agreement

2.02

shall not perform work which would otherwise be performed by members of the bargaining unit, except in the following situations:

i) Where management provides training (not to exceed ten (10) days).

ii) In unforeseeable emergency situations beyond the control of the Company (i.e. Acts of God).

iii) Where staff shmiages caused by sickness, accident or bereavement make it necessmy for non-union employees to perform the work because insufficient staff are available to do the work

iv) Where management provides assistance in the performance of bargaining unit work in accordance with cunent practice, provided such assistance does not result in a loss of hours for bargaining unit employees.

Whenever the male gender is used in this Agreement it shall be understood to include the female gender.

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Article 3 - UNION SECURITY

3.01 All present and future employees employed within the scope of this Agreement who have completed fifteen (15) calendar days with the Company shall as a condition of employment become and remain members in good standing of the Union.

3.02 Each new employee shall furnish the Company at the time of hire with a signed application for union membership and dues check off authorization in the form set out in Appendix "I", a copy of which shall be forward to the Union office.

3.03 a) The Company shall deduct and remit to the Union all union dues and other

monies authorized by the employee in Appendix I to be deducted from earnings in accordance with the following procedures.

b) The Company shall deduct and remit these monies, as set out in written directions fi·om the Union, as modified from time to time in writing, that are required for a member to join and remain in good standing with the Union.

3.04 Within fifteen (15) days of the end of the four (4) week pay period for which such deductions apply, the Company shall remit any monies due to the Secretary-Treasurer of the Union, as directed by the Union.

3.05 a) In the event that a union member is absent from work due to illness, lay off or a

leave of absence his dues or fees shall be deducted from the first pay cheque following his return to work, unless some other arrangement has been made with the Union.

b) The Company further agrees that if an employee is on vacation at the time of a regular deduction, the deduction shall be made from the employee's vacation pay.

3.06 The Company shall provide a copy of the Agreement to all employees, at the time of hire and copies of any subsequent renewal collective agreement within five (5) days of them becoming available for distribution fi·om the printer. The Company and the Union shall share equally the cost of printing the Agreement.

3.07 Provided the Company complies with the written directions issued by the Union, the Union agrees to save the Company harmless from any claim by an employee arising out of the collection of union dues.

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In the event of a shortfall in the collection and remittance of union dues, the Union shall notifY the Company in writing, by registered mail or courier. This notification shall include, where the Union has the information, the total dollar amount of the shortfall, the employee(s) that the shmifall relates to and the dollar amount for which each such employee is liable. The Company shall thereafter make the required deduction from the affected employee(s) and make the remittance to the Union office. Where the Company has failed to comply, without cause, with the Union's notification for a period of more than sixty (60) days, the Company shall not make the required deduction from the affected employee(s), but rather shall be responsible for making the payment to the Union office.

3.08 The Company shall deduct and remit the above mentioned monies to the Union office as directed in writing, in accordance with the Union's By-Laws, as amended. In the event the Company cannot accommodate the directions issued by the Union, the pmiies agree to meet to discuss altemate methods of accommodating the Union's needs, so long as it does not result in additional costs to the Company.

3.09 The Union will provide the Company with a minimum ofthiliy (30) days advance notice, in writing, of any changes to the union dues structure and/or amounts to be collected.

3.10 The Company agrees that all monies deducted from employees with respect to union monies shall be deemed to be held in trust for the union and considered not to be pati of the assets of the Company. In the event of a bankruptcy, the monies so deducted shall be considered separate from the Company's assets.

Article 4 -MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive right and an exclusive function of the Company to generally manage the enterprise in which it is engaged and in particular to:

a) maintain order and efficiency;

b) hire, layoff and recall, classifY, direct, transfer, promote, suspend, demote, discharge or otherwise discipline any employee who has acquired seniority for just cause subject to the right of an employee to lodge a grievance in the manner and to the extent hereinafter provided;

c) maintain and enforce reasonable rules and regulations to be observed by employees. An employee shall have the right to lodge a grievance in the event such rules and regulations are enforced in a discriminatory manner. Copies of all

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such written rules and regulations shall be forwarded to the Union office prior to implementation; and

d) generally to manage the enterprise in which the Company is engaged and

4.02

without restricting the generality of the foregoing to plan; direct and control operations, to direct the work forces, to detetmine the number and location of facilities, to determine the quality of service and processes, methods, and procedures to be employed, to establish schedules of work subject to the terms of this Agreement, to establish schedules of production, standards of perfmmance, to select, procure and control supplies, material, products and produce, to determine the extension, limitation, cmiailment or cessation of operations and all other rights and responsibilities of management not specifically modified in this Agreement. The Grievance Procedure shall apply.

It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement and it is understood that any claim by an employee or employees or the Union that the Company has so exercised these rights, shall be subject to the Grievance Procedure and be dealt with as hereinafter provided.

Article 5 - NO STRIKES OR LOCKOUTS

5.01 The Union agrees during the life of the Agreement, there will be no strike, picketing, slowdown or stoppage of work, either completely or pmiially, and the Company agrees that there will be no lockout.

Article 6- DISCRIMINATION

6.01 The Company agrees that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practiced by any of their representatives with respect to any employee because of their membership or activity in the Union or by reason of exercising their rights under the Agreement.

6.02 It is agreed that there will be no discrimination by either patiy with respect to employment of any employee on the basis of race, creed, ancestry, color, place of origin, ethnic origin, citizenship, sex, sexual orientation, marital status, age, record of offences, family status, disability, gender identity or gender expression.

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Article 7- REPRESENTATION

7.01 The Company acknowledges the right of the Union to appoint or other wise select three (3) Shop Stewards to assist employees in presenting their grievances. For lay off purposes only, the two (2) most senior employees elected Shop Steward shall, for the duration of their terms of office, be the last to be laid off in their classifications.

7.02 It is clearly understood that Shop Stewards will not absent themselves from their regular duties without first obtaining the permission of their supervisor to deal with grievances of employees. Such permission shall not be unreasonably withheld by the Company. It is understood that such time shall be for reasonable periods and will be unpaid and not considered time worked except as follows:

a) The Company shall pay the Shop Stewards their respective wages for all time lost from their regularly scheduled hours where the Shop Stewards, as a part of their Shop Steward responsibilities, are required to attend meetings scheduled with the Company for the purpose of discipline and the grievance process up to but not including the arbitration stage.

b) Up to two members of the bargaining unit shall be entitled to pay for time lost for the purpose of attending collective bargaining sessions with the Company, where any such bargaining session is held during a time when they would normally have worked. If the union requests, a third member named by the union shall be granted leave without pay for the purpose of attending collective bargaining sessions with the Company.

7.03 The Union shall keep the Company notified in writing of the name(s) of the Shop Steward(s) and the effective dates of their appointment. For the purpose of communicating the name(s) of the Shop Stewards the notice shall remain posted on the Union Bulletin Board.

7.04 The Company and Union shall acquaint new employees:

a) The Company shall advise new employees of the fact that a collective agreement is in effect, and with the conditions of employment set out in the Agreement.

b) Copies of Agreement: Commencing employment, the Company shall provide the employee with a copy of the Agreement and introduce the employee to his Shop Steward.

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c) Interviewing oppmiunity: A representative of the Union shall be given an oppmiunity to interview each new employee within regular working hours without loss of pay, for a maximum of fifteen (15) minutes during the first two (2) weeks of employment for the purpose of acquainting the new employee with the benefits and duties of the Union membership and his responsibilities and obligations to the Company and the Union, provided working schedules are not disrupted.

Article 8 - GRIEVANCE PROCEDURE

8.01 It is the mutual desire of both patiies, hereto, that complaints of employees be adjusted as quickly as possible.

8.02 "Grievance" means any difference arising between any employee, the Union and the Company concerning interpretation, application, or any alleged violation ofthis Agreement including any question as to whether any matter is "arbitrable" and shall also mean any difference arising from disciplinary action by the Company or a policy matter.

8.03 No employee grievance shall be considered where circumstances giving rise to it have occmred or originated more than five (5) full working days before filing of grievance. However, when an employee's grievance is of such a nature that employees could have not been aware of its alleged occurrence at actual date of same, the grievance shall be deemed, for all purposes, to have occurred on the first date on which employees could reasonably have had such awareness.

8.04 Grievances, properly arising under this Agreement shall be adjusted and settled as follows;

1. If an employee has any complaints or questions, which he wishes to discuss with the Company, he shall take the matter up with the Depatiment Head, with or without his Shop Steward. The Depatiment Head shall investigate and attempt to bring about a settlement within two (2) working days.

2. Failing a satisfactory settlement under Step No. 1, a representative of the Union may submit the grievance in writing to the General Manager, who shall meet with the Union Representative and the grievor within five (5) calendar days.

3. Failing a satisfactory settlement under Step No.2, within five (5) calendar days, the Union or the Company may refer the grievance to a board of arbitration or a single arbitrator, in accordance with Aliicle 9.

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8.05 The time limits as prescribed in this Article may be extended if requested in writing and by mutual agreement ofthe Pmiies.

8.06 The Union or the Company may file a grievance directly to the other pmiy. Such grievances shall commence at Step No.2 of the Grievance procedure.

Article 9 -ARBITRATION

9.01 When either pmiy requests that a grievance be submitted to arbitration, they shall make such request, in writing, as described in the Agreement, addressed to the other patiy of this Agreement.

The request for an appointment of an arbitrator shall be accompanied by a list of not more than three (3) proposed arbitrators. The other patiy shall select one (1) of the proposed arbitrators or propose not more than three (3) alternatives.

In the event that the parties are unable to agree on an arbitrator within ten (1 0) days of the date of the initial letter of referral to arbitration, or within such longer time as expressly agreed to by the pmiies, one shall be appointed by the Minister of Labour.

9.02 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, except that the arbitrator may at his discretion modify any penalty, which has been imposed on the aggrieved employee.

9.03 Each of the parties hereto shall pay its own expenses and the cost of witnesses when called, and will jointly bear the expense of the arbitrator.

9.04 The arbitrator shall hear and determine the matter and shall issue a decision, which shall be final and binding upon the pmiies and upon any employee or employees affected by it. The preference of the venue for any arbitration hearing will be The Metcalfe Hotel. In the event the hearing is held at The Metcalfe Hotel, it will absorb the cost for the hearing room. Where the hearing is held at a facility other than The Metcalfe Hotel, the parties will equally bear the cost of the facility used.

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Article 10 -DISCHARGE CASES AND DISCIPLINE

10.01 a)

b)

c)

10.02

Where an employee who has attained seniority status, has been discharged from his employment the case may be taken up as a grievance where the employee is of the opinion that his termination was without just cause.

The discharge of an employee who has not completed his probationary period, may be for less serious reasons than would justify the dismissal of a seniority employee. A grievance concerning the discriminatory, arbitrary or bad faith te1mination of a probationary employee may be the proper subject of a grievance.

Where an employee who has attained seniority status with the Company is discharged or suspended, he shall have the right to interview his Shop Steward for a reasonable period of time before leaving the premises and notice shall be given in writing by the Company to the employee and the Union within ten (1 0) calendar days of the discharge or suspension, giving the reason for the discharge or suspension. Such action shall be subject to review by the Company and the Union and shall be considered, if desired by either pmiy, to be treated as a grievance at Step No.2 of the Grievance Procedure.

Such grievances may be settled by confilming the Company's action in dismissing the employee or by reinstating him with full compensation for time lost, or by any other arrangement, which is just and equitable in the opinion of the conferring parties.

10.03 If the Company wishes to impose a disciplinmy measure upon an employee it must infmm him in writing by no later than the last to occur of the following: (i) within ten (10) calendar days ofthe alleged occunence or event; (ii) within ten (10) calendar days of the Company having knowledge of the alleged occunence or event or (iii) within ten (10) calendar days of the Company having knowledge ofthe employee's role in such occunence or event. This shall not fetter the right of the Company and the Union to agree to extend these timelines where circumstances warrant.

10.04 No entry shall be made on an employees record regarding work performance or work conduct, unless the matter is first discussed with the employee in the presence of a Shop Steward and/or Business Representative of the Union. A copy of the disciplinal)' letter must be provided to the employee and sent to the Union office when the disciplinmy measure is taken.

The regularly scheduled performance appraisal review will be dealt with by the employee and his immediate supervisor. The employee shall sign the appraisal acknowledging his involvement and will receive a copy signed by his immediate

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supervisor. If the employee disagrees with the performance appraisal the employee may provide his disagreement and reasons in writing, which shall be attached to the performance appraisal and placed in his file. Perfonnance appraisals shall not be considered discipline.

10.05 A written warning shall be stricken from an employee's record after ten (1 0) months.

10.06 Upon request by the Union, and subject to severing any personal information where disclosure is prohibited by any applicable privacy laws, copies of all documents relied upon by the Company in issuing warning, suspension or discharge notices, including any copies of written complaints or reports concerning the employee, either by a customer, or outside agency, or by the Company's own employees and copies of any relevant cash register tapes, may be reviewed by the Union on the Company's premises within three (3) days after such requests. Subject to severing any personal information where disclosure is prohibited by any applicable privacy laws, copies shall be furnished to the Union within five (5) working days after such request. An employee shall not be suspended or discharged solely on the basis of unsubstantiated verbal complaints.

10.07 Upon request by an employee who has attained seniority status with the Company, that employee's record will be made available for review by the employee and/or a Representative of the Union, if so requested in writing by the employee, subject to reasonable notice of the request being provided by the employee, and anangements being made for a mutually convenient time for this review.

Article 11- SENIORITY

11.01 a) Purpose

The purpose of seniority is to accord considerations to senior employees in recognition of their length of continuous service with the Company from their last date of entry into the Company's service. Seniority is intended to provide maximum work opportunities to senior employees.

Classification Seniority

b) Classification seniority refers to an employee's type of seniority in a specific job classification. An employee transfening from one job classification to another shall earn seniority in the new classification from the date of transfer. Classification seniority shall apply to the following:

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1. lay off and recall 2. scheduling ofhours of work 3. choice of days off 4. choice ofvacation 5. selection of shifts 6. overtime 7. reduction of working hours

Status Seniority

c) Status seniority refers to an employee's type of seniority in a specific job classification (ie. full time or part time) and each type shall be recognized on a separate list. Status seniority shall be determined in accordance with article 24.

11.02 Seniority rights shall become effective after the completion of a ninety (90) calendar day probationary period.

11.03 Any employee declining a promotion or failing to qualifY for a higher position shall retain his seniority rights in the position held previously.

11.04 Revised up-to-date seniority lists for the respective seniority groups shall be posted by the Company in each department within thiliy (30) calendar days of the signing of this Agreement and quarterly thereafter. Such lists shall show names, classifications, status seniority and dates oflast entry to the Company's service.

Copies of all seniority lists shall be supplied to the Union office at the times of posting as outlined above.

Protests relating to seniority status must be submitted to the Company within thirty (30) days from the date of posting and shall be treated as grievances.

11.05 a) Provided there are employees capable of performing the work in the

classification concerned, the following lay off procedure shall apply, in the following order:

i) volunteers shall be the first to be laid off, in order of seniority; then

ii) probationary employees shall be laid off in reverse order of seniority; then

iii) part time employees shall be laid off in reverse order of seniority; then

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iv) full time employees shall be laid off in reverse order of seniority.

Before any new employees are hired, laid off employees shall be recalled to work by registered mail in the reverse order to which they were laid off.

b) Notification of layoff: at the time of lay off, affected employees shall receive notice, in writing. Lay off notice shall be as far in advance as possible but not less then forty-eight ( 48) hours prior to the effective date of lay off.

11.06

Notwithstanding the provisions of Atiicles 2.01 (b) Management shall be petmitted to perfmm the work of a recalled employee during the recall reply period when insufficient staff are available to cover the work during that period, to a maximum offmiy-eight (48) hours from notice of recall.

Subject to approval by the carrier(s), a full time employee who has been laid off shall (subject to the terms and conditions of the health and welfare benefit Plan(s) remain covered under the health and welfare benefit Plan(s) for the balance of the month in which he last worked.

11.07 Employees whose positions are abolished, or who are displaced, shall be entitled to exercise their seniority rights, displacing junior employees in their classification, provided they have the qualifications to perform the work.

11.08 Pati time employees who wish to be considered for a full time position that becomes vacant in their classification may file such a request with their Depatiment Head, and shall be considered for hire to such vacancy before new employees are hired. A pati time employee who is not selected may request an interview to discuss the matter.

11.09 a)

b)

c)

For the purpose of making known to the employees the various vacancies, which might occur in the various classifications, a bulletin board will be installed.

Where a job vacancy occurs or a new job is created, notice shall be posted within two (2) working days of the vacancy occurring or the new job being created at appropriate locations including the bulletin board for a minimum of seven (7) working days and a copy of the notice shall be sent to the Union.

In job posting or promotion grievances, an Arbitrator shall have power to review the merits of management's decision and to award the job to the senior grievor who has the ability and qualifications to perform it. Ability to perform the job is defined in Atiicle 11.1 0.

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11.10 a) When promotions are made, or vacancies occur within the bargaining unit, -

seniority shall be the determining factor, where the qualifications of two (2) or more of the applicants are relatively equal.

b) Ability to do the job means ability to perform the requirements ofthe job following an appropriate familiarization period or an appropriate trial and training period. In the event the employee does not wish to complete the trial or training period or cannot satisfactorily perfmm the job following the training or trial period, he shall be returned to his fmmer position and wage rate without loss of seniority.

11.11 a) The Company shall be pe1mitted to contract out the food and beverage aspects

of the operation provided the new contractor accepts the terms of the Collective Agreement and agrees to be bound by them.

b) Employees shall be pe1mitted to perform duties outside the scope of their classification provided such performance does not exceed ten (1 0) calendar days. The Union shall be notified if this period should need to be extended. Such extensions shall only be permitted in emergency situations. If the pmiies should fail to agree on such an extension, the matter may be raised as a grievance in Step no. 2 of the grievance procedure.

11.12 The Company shall be permitted to create new classifications during the life of the Agreement but the rate for the new classification shall require agreement of the pmiies or the matter shall be referred to interest arbitration.

11.13 Employees must notifY both the Company and Union office of any change of address during the life of this Agreement.

11.14 Within thirty (30) days of the ratification ofthis Agreement, the Company shall provide the Union office with a written summary of the main tasks of each classification.

11.15 Seniority rights and employment shall cease for any ofthe following reasons:

a) if an employee quits or retires; b) if an employee is discharged and the discharge is not reversed through the

grievance procedure; c) if an employee is absent from work for a period of three (3) or more consecutive

working days without notifYing the Company of such absence, unless he can provide to the Company a bona fide reason for both the absence and the failure to notifY;

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d) failure of an employee to repmi for work within three (3) days when recalled by the Company after a lay-off. Notice to return to work shall be in writing and

shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Company;

e) failure of an employee to contact the Company within fmiy-eight ( 48) hours when recalled by the Company after a lay-off. Notice to return to work shall be in writing and shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Company; or

f) if an employee is laid off for twelve (12) consecutive months.

Article 12 -LEAVE OF ABSENCE

12.01 The Company may grant leave of absence of up to six ( 6) months without pay and without loss of seniority to an 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 within seven (7) working days. Failure to return to work upon te1mination of an authorized leave of absence (unless prior notice or anangements acceptable to the employee, the Union and the Company have been made for an extension of such leave), shall result in the Company considering the employee to have resigned. If an employee utilizes a leave of absence for purposes other than those for which the leave may be granted, the employee shall lose all seniority and his employment shall be deemed to have terminated.

12.02 The Company agrees to grant employees a leave of absence due to pregnancy and/or parental leave, in accordance with the provisions of the Employment Standards Act, 2000, as amended from time to time.

12.03 a)

b)

c)

Four ( 4) consecutive days' leave of absence shall be granted to full time and pmi time employees who have completed their probationary period. Said leave shall be entitled bereavement leave and is applicable, in the event of a death in the employee's immediate family, that is, spouse, son or daughter, father or mother, brother or sister. Paid leave for the death of in-laws and grand children shall be one (1) day.

Full time employees will be paid for eight (8) hours at their regular rate of pay for each regularly scheduled shift that occurs during the leave.

Pmi time employees shall be paid the average of their daily hours for the days worked in the thilieen (13) week period immediately preceding the leave for each regularly scheduled shift that occurs during the leave.

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d) Notwithstanding (a), where the burial does not take place at the time of death, the employee may use part oftheir entitlement in (a) to attend the burial.

Article 13 -BULLETIN BOARDS

13.01 The Company shall provide a bulletin board in a mutually satisfactory location on the premises for the convenience of the Union in posting notices of Union activity.

Article 14- ACCESS TO PREMISES

14.01 Not more than two (2) representatives of the Union shall, after giving notice to the Company, be permitted to enter at all reasonable times any and all departments during the course of normal working hours to attend to the business of the Union such as ensuring that the terms of this Agreement are being implemented.

Article 15 - LOCKERS AND DRESSING ROOMS

15.01 The Company agrees to provide ample and sanitary dressing rooms with individual lockers for all employees.

15.02 If an individual's locker is to be searched, the employee shall be present. If the employee is unavailable, the Union Representative or the Shop Steward shall be contacted to witness the opening and search of the locker. If none of these are available, the Company shall ensure an impmiial witness, preferably another unionized employee, is in attendance during the search.

15.03 The Company agrees to supply a lunch room.

Article 16- UNIFORMS

16.01 The Company agrees to supply clean and repair uniforms or special clothing for those employees required to wear said uniforms or clothing. In order to meet these obligations for any pmis of the Company unifmm that can be machine washed, the Company will provide a washing machine, a dryer and supplies for the use of employees to clean their unifmms during the following non working hours: two (2) hrs before and two (2) hrs

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following their shift and meal periods. Employees are prohibited from wearing uniforms except when engaged in the service for which they are supplied.

16.02 The Company shall provide all equipment necessary to perfmm the job.

16.03 Upon presentation of proof of purchase of footwear that complies with reasonable guidelines established by the Company, the Company will reimburse employees the cost of such footwear up to a maximum of $100.00 once every year for full-time employees and once eve1y two (2) years for part-time employees. Footwear guidelines shall be developed with consideration to the respective work performed within the classification and with employee input.

The Company will reimburse employees in the Houseperson/Cleaner and Maintenance 2 classifications, upon presentation of proof of purchase of Winter Boots that comply with reasonable guidelines established by the Company, the cost of the Winter Boots up to a maximum of$100.00 once eve1y year for full-time employees and once every two (2) years for part-time employees. Winter Boot guidelines shall be developed with consideration to the respective work performed within the classification and with employee input.

Article 17- HOURS OF WORK AND OVERTIME

17.01 The nmmal work week for all full time employees within the bargaining unit shall consist of forty ( 40) hours comprised of eight (8) hours per day in five ( 5) consecutive days per week. This shall not be construed as a guarantee of hours of work.

17.02 A work schedule showing the hours of each employee shall be posted at least seventy­two (72) hours in advance.

17.03 Each employee shall be allowed two (2) fifteen (15) minute rest periods in each eight (8) hour shift and one (1) fifteen (15) minute rest period in each six (6) hour shift. Such time shall be regarded as time worked.

Each employee shall be allowed at least one half (1/2) hour meal period such that no employee shall work more than five (5) consecutive hours without receiving said meal period. Such time shall not be regarded as time worked.

17.04 During the life of the Agreement, the pmiies agree that full time employees shall have the following guarantees:

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a) The first senior employee scheduled in a classification shall retain their reporting pay guarantee (eight (8) hours for full time non-grat, six (6) hours for fulltime grat) when scheduled to work.

b) Where two or more full time employees are scheduled to work within a classification, if the last employee has scheduled hours less then his guarantee, he shall be guaranteed those scheduled hours but not less than four (4) hours.

c) During the period from December 20 to February 20, all full time guarantees shall be six (6) hours.

17.05 a) Ove1iime at the rate of time and one-half of the employee's basic hourly rate shall

be paid for all hours worked on an employee's sixth (6th) or seventh (7th) day worked in the Company's scheduling week, for all hours worked in excess of fmiy (40) hours per Company's scheduling week and eight (8) hours per day, and for all hours worked on a day where the employee is called in to work fi·om vacation.

b) The Company shall use its best efforts to anange the schedules to avoid requiring employees to work ten (1 0) consecutive days. The Company shall also use its best efforts to arrange schedules so that full-time employees shall normally receive two (2) consecutive days off per Company's scheduling week. When such days off include the Saturday/Sunday combination, they shall be given to full time employees by order of their seniority in their respective classification.

17.06 Split shift assignments shall be confined to not more than two (2) tours of duty, to a maximum total of eight (8) hours within a spread of twelve (12) hours of rest between daily work.

Where split shifts are scheduled, the Company shall pay an additional hour of work at the employee's regular rate of pay per hour.

17.07 a) The Company shall, whenever possible, attempt to schedule employees so that

there is at least twelve (12) hours of rest between consecutive shifts.

b) The Company shall minimize the occurrence of split shifts and shall endeavour to restrict them to special occasions only.

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Article 18 - TEMPORARY TRANSFERS

18.01 Employees temporarily assigned to an equally rated classification, and employees temporarily assigned to a higher rated classification for two (2) hours or less per day, shall be paid their regular rate for all time worked in the other classification. Employees temporarily assigned to a higher rated classification in excess of two (2) hours per day shall be paid the higher rate for all time worked in the higher rated classification. Employees temporarily assigned to a lower rated classification shall not have their rate reduced. Employees shall not be permitted to refuse transfers made in accordance with the terms of the Agreement.

Article 19 - ACCIDENT PREVENTION - HEALTH AND SAFETY COMMITTEE

19.01 a)

b)

c)

d)

e)

f)

The Company agrees to maintain standards of safety and health in the Hotel in order to prevent accidents, injury and illness.

Recognizing its responsibilities under the applicable legislation, the Company agrees to accept as members of this Accident Prevention- Health and Safety Committee, at least one (1) representative selected or appointed by the Union from amongst bargaining unit employees.

Such Committee shall identify potential dangers and hazards, in order to improve Health and Safety programs and recommend actions to be taken to improve conditions related to safety and health.

The Company agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfill its functions. In addition, the Company will provide the Committee with reasonable access to all accident repmis, health and safety records and any other pmiinent information in its possession.

Meetings shall be held every second month or more frequently upon agreement from the pmiies. The Committee shall maintain minutes of all meetings and make the same available for review.

Any representative appointed or selected in accordance with (b) hereof, shall serve for a term of at least one (1) calendar year from the date of appointment. A representative attending such meetings or otherwise fulfilling his inspection duties under applicable health and safety legislation during his regularly scheduled hours of work, shall not lose regular earnings as a result of such attendance, and such time spent shall be considered time worked.

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g) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices.

Article 20 - GENERAL

20.01 Individual Agreements

No anangement shall be made between any employee and the Company which conflicts with the terms of this Agreement.

20.02 Breakage/W alkouts/Shmiage Unless negligence is established, employees will not be required to pay for broken or damaged equipment, walkouts or shortages.

20.03 Responsibility When an employee is authorized to cash cheques, or honour credit cards or gift ce1iificates, he will not be held responsible for any losses, provided he has reasonably followed the instructions established by management, but where an employee assumes personal responsibility of cashing cheques, or honouring credit cards without following management's instructions, he will be held responsible.

20.04 Nothing in the signing of this Agreement shall lower any present wage standard or working condition, nor shall any employee be deprived of any established and recognized privileges in excess of, or more advantageous than the contract provision.

20.05 Successor Rights

This Agreement shall be binding upon the successors and assigns of the parties hereby. No provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by the consolidation, merger, sale, transfer or assignment of the Company's interest, or any pmi thereof, if any establishment covered by this Agreement.

20.06 Joint meetings of representatives of the Company and the Union shall be held periodically to review and study the relationship. The results of all meetings shall be reduced to writing for information purposes, and copies shall be sent to the Union.

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20.07 Education Bonus: The Company shall reimburse fifty (50%) of fees paid by full time employees for approved courses. Such courses must be approved by the Company in advance.

20.08 Training shall be at the sole discretion of the Company (length and nature). The Company shall supply the Union with a detailed training plan for new employees, upon request.

Article 21 -MERIT RATING

21.01 The scales of wages, as outlined in Schedule "A" to this Agreement are considered minimum scales and do not prohibit the Company from granting merit increases to more proficient employees. The Union shall be notified in writing of any merit rating.

Article 22 - PRESENT AND FUTURE LAWS

22.01 Unless the tetms and conditions set out in this Agreement or any part thereof are found to be in violation of existing and/or future laws, said terms and conditions shall remain in full force and effect for the duration of this Agreement. Any term that is found to be in such conflict shall only be inoperative or modified to the extent necessary to resolve the conflict.

Article 23 - MONIES HELD IN TRUST

23.01 The Company agrees that all monies accrued by it in accordance with the provisions of the Agreement shall be held in trust and deemed to be separate from the assets of the Company.

Article 24 -DEFINITIONS

24.01 Full time employee An employee who is regularly scheduled and who regularly works more than twenty-four (24) hours during a normal work week.

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24.02 Part-time employee An employee who is regularly scheduled and who regularly works twenty-four (24) hours or less during a normal work week.

24.03 Where an issue arises with respect to the full or part time status of an employee, the pmiies agree that the issue shall be settled by reviewing the seven (7) weeks of employment immediately proceeding the date that the status issue comes to the attention of the Company. In the event that the employee has worked more than twenty-four (24) hours for four (4) or more of the seven (7) previous weeks, the employee will be dete1mined to be full time from the determining date forward. In the event that the employee has worked twenty-four (24) hours or less for four (4) or more ofthe seven (7) previous weeks, the individual will be determined to be pmi time from the determining date forward.

24.04 Notwithstanding miicles 24.01, 24.02 and 24.03, as well as Appendix "H", paragraph 2, for the purpose of determining entitlement to the benefits provided by Appendix "C" and "D" only, the determination of an employee's status, i.e. as being full time or pmi time, shall be made at six (6) month intervals (on January 1 and July 1 of each year). If, during said six (6) month period, an employee has worked an average of more than twenty-four (24) hours per week, the employee will be considered full time as of the date that the status seniority list is provided to the Union as set out below. If, during said six ( 6) month period an employee has worked an average of twenty-four (24) hours or less per week, the employee will be considered to be pmi time as of the date that the status seniority list is provided to the Union as set out below. A status seniority list will be provided to the Union on or before the 30111 of January and July, as appropriate, and the Union will be given two weeks to review the status lists and to raise any objections, failing which, the list shall be deemed accurate until the next review period.

Article 25 - APPENDICES

25.01 The following appendices form a part of this Agreement with the Union:

1. Appendix A 2. Appendix B 3. Appendix C 4. Appendix D 5. Appendix E 6. Appendix F 7. Appendix G 8. Appendix H

Classifications and Wage scales Vacations Health & Welfare Sick Leave Allowance Holidays Banquet Gratuities Distribution Union Resource Development Fund Pmi Time Employees

9. Appendix I

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Application for Membership and Check Off and Authorization Form

Article 26- DURATION AND TERMINATION

26.01 This Agreement shall become effective on the 12th day of January, 2019 and shall remain in full force and effect until the 11th day of January 2022 and shall continue in effect for year to year thereafter, unless either pmiy amend the Agreement not more than ninety (90) days before the date of termination.

In witness whereof each of the pmiies hereto has caused this Agreement to be signed by its duly authorized representatives.

Dated in Ottawa, this ;q-#-day of~·· 20_}_j_

FOR THE UNION

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APPENDIX A- WAGE SCALE MINIMUM AND CLASSIFICATIONS

12-Jan-19 12-Jul-19 12-Jan-20 12-Jul-20 12-Jan-21 12-Jul-21

1.25% 1.25% 1.50% 1.50% 1.50% 1.50%

Room Attendant** $20.28 $20.53 $20.84 $21.15 $21.47 $21.79

Night Auditor/ GSR*** $21.19 $21.45 $21.77 $22.10 $22.43 $22.77 Guest Services Representative $21.19 $21.45 $21.77 $22.10 $22.43 $22.77

Maintenance 2 $21.73 $22.00 $22.33 $22.66 $23.00 $23.35

Houseperson/Cieaner $20.15 $20.40 $20.71 $21.02 $21.34 $21.66

Cook $16.00 $16.20 $16.44 $16.69 $16.94 $17.19

Server $12.53 $12.69 $12.88 $13.07 $13.27 $13.47

**

***

There shall be a premium of thirty cents ($.30) for each hour of authorized additional non-regular administrative "lead hand" type duties performed by a room attendant. There shall be a night auditor premium of sixty cents ($.60) for each hour of authorized night audit work versus GSR work that is performed by the Night Auditor/GSR.

1. Meals: The Company shall not be required to provide meals. 2. Probationary Rates: Probationary employees shall be paid 15% less than the rate in

their respective classifications for the duration of their probation. Notwithstanding the foregoing, the probationary rate shall not be less than the applicable minimum wage rate set out in the Employment Standards Act (the "ESA minimum rate") plus fifty cents ($.50), to a maximum of: (a) the rate in the respective classification; or (b) the ESA minimum rate, whichever is the greater. Upon successful completion of the probationary period, the rate in the respective classification shall apply.

3. Tour Baggage: The Company agrees to pay employees handling bus tour baggage, their normal hourly wage plus three dollars and eighty-five cents ($3.85) per bag into the hotel and three dollars and eighty-five cents ($3.85) per bag out of the hotel. For all contracts signed by the client prior to the date of ratification, the tour baggage gratuity rate shall remain three dollars and twenty-five cents ($3.25).

All terms of the Agreement shall take effect upon ratification of the Agreement, other than wages, which shall be retroactive to the date indicated in the wage scale chart above for any person in the employ ofthe Company as ofthe date of ratification. Retroactivity shall be paid in one installment within two ·weeks following the date of Ratification.

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APPENDIX B- VACATIONS

The Company recognises the need for rest and recreation on the part of its employees and has, therefore, provided the following vacation plan.

Since vacation is allowed as a period of change and rest for the general good of the employee and the Company alike, continuous service without vacation with extra compensation is not regarded as good for either the employee or the Company and hence, no employee may elect to receive pay in lieu of vacation.

Employees will be paid at the time of statiing their vacation and all deductions usually made from the employee's eamings will be made from their vacation pay.

Service Requirements

1. Less than one (1) year service - 4% of eamings.

2. After completion of one (1) year of service - two (2) weeks vacation with pay at 4% of annual eamings.

3. After completion of four ( 4) years of service - three (3) weeks vacation with pay at six percent (6%) of annual eamings.

4. After completion of twelve (12) years of service -five (5) weeks vacation with pay at ten percent (1 0%) of annual eamings.

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APPENDIX C- HEALTH AND WELFARE

The Company will pay ninety-two percent (92%) of the cost of the premiums for eligible Full time employees and said employees will pay eight percent (8%) of the cost of the premiums for the health and welfare benefit Plan(s) which provide, subject to their standard terms and conditions, the following benefits:

(a) Basic Member Life Insurance;

(b) Optional Member Life Insurance (available with employee paying one hundred percent (100%) of the cost of premiums for this option);

(c) Health Benefits: Prescription Dmgs, Vision, Hospital, Supplementaty Health Care and Out of Province and Out of Countly Emergency & Travel Assistance; and

(d) Dental.

Eligibility:

All full time employees shall make application for participation in the health and welfare benefit Plan(s) following three months of continuous employment with the Company.

Eligibility for and the extent of the coverage for the health and welfare benefits are as determined by the health and welfare benefit Plan's caniers, applying the criteria and terms and conditions of the health and welfare benefit Plan(s). Eligibility requirements for the health and welfare benefits and the extent of coverage shall be comparable during the life of this Agreement.

Termination of Coverage: Coverage will terminate as ofthe earlier of:

(i) the employee no longer having full time status; (ii) the employee's termination of employment; (iii) the termination of the employee's seniority in accordance with Clause

11.15 of this Agreement; (iv) the first day of unpaid leave (other than pregnancy, parental or family

medical leave pursuant to the Employment Standards Act, 2000 (Ontario)) or

(v) otherwise in accordance with the provisions of the health and welfare benefit Plan(s).

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RRSP Upon written request by an eligible Full time employee, the Company will contribute three and one-half percent (3.5%) of such employee's regular (not inclusive of ovetiime, premiums or gratuities controlled or otherwise) earnings to a group registered retirement savings Plan which contribution must be matched by the employee.

Full time employees are eligible to apply for and to patiicipate in the group registered retirement savings Plan after one (1) full year of service and upon completing the required application including the provision of required income tax infonnation and any other requirements of the tetms of the group registered retirement savings Plan. Eligibility for patiicipation in the group registered retirement savings Plan is as determined by the group registered retirement savings Plan canier, applying the criteria and tetms and conditions of the group registered retirement savings Plan. Rules for eligibility shall be comparable during the life of this Agreement.

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APPENDIX D- SICK LEAVE ALLOWANCE

Employees of the Company who have completed their probation and who are Full time employees shall receive a bank of :

(i) four ( 4) days on Febmary 28th; and (ii) four ( 4) days on August 28th of each year, non-cumulative

beyond Febmary 27th of each year.

The numbers of days provided as set out above shall be increased commencing on Febmary 28, 2011 as follows: four and one-half (4.5) days on Febmary 28, 2011 and four and one-half(4.5) days on August 28,2011 and fmiher increasing to five (5) days on Febmary 28, 2012 and five (5) days on August 28, 2012. 1. All cases of sickness must be repmied to the Depmiment Head or General

Manager on the first (1st) day within a period of three (3) hours prior to the nmmal repmiing time of the employee concerned.

2. Sick leave allowance will not be paid for illness or accident, which occurs within the vacation period of an employee.

3. Sick leave allowance will not be granted to employees in case of illness or accident, which can be compensated under the Workplace Safety and Insurance Act.

4. To receive sick leave allowance an employee must be sick. The Company may request that an employee substantiate a sick leave absence with a doctor's certificate pursuant to OMA guidelines for absences in excess of four (4) days. The Company shall pay for the medical cetiificate. Where the Company has reasonable grounds to doubt the legitimacy of the claim for sick leave, the Company reserves the right to request a medical cetiificate at any time. The Company shall pay any cost associated with such a request.

5. Sick leave allowance shall be calculated at the employee's regular rate of pay and shall be effective on the second (2nd) consecutive day of absence from work due to illness and shall continue to be paid on consecutive days of absence from work due to illness until the employee's sick leave allowance entitlements are exhausted.

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APPENDIX E- HOLIDAYS

1. Full time employees in the active employ of the Company who have completed their probationmy period and who are not required to work on the Holiday concerned shall receive pay for the following holidays:

a) b) c) d) e)

New Year's Day Good Friday Victoria Day Canada Day Boxing Day

f) Labour Day g) Thanksgiving Day h) Fatnily Day i) Christmas Day j) Civic Holiday (August) k) The employee's anniversary of

employment

In order to qualifY for holiday pay, the employee must have worked his full scheduled shifts on each of the work days immediately proceeding and immediately following the holiday concerned, unless the absence is due to verifiable illness or accident, and, ifthey are scheduled to work on the holiday they must do so as well.

The above entitlement is subject to the following: a full time employee who is laid off will receive any ofthe above-mentioned holidays which occur within seven (7) days ofthe layoff.

2. When an employee is not required to work on the above mentioned Holidays, the Company shall grant to the employee one (1) days' pay equal to eight (8) hours at his regular rate.

3. An employee who is required to work on the above-mentioned Holidays may at the Employee's discretion, request a (1) day off in lieu of the holiday. Pay for a (1) day off in lieu of a holiday shall be computed on the basis of the number of hours said employee would have worked had there been no holiday at his regular straight time hourly rate of pay.

The employee who works on any of the above mentioned Holidays shall receive one (1) day's pay, eight (8) hours, plus time and one half for the pay for the holiday as provided herein.

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

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APPENDIX F- BANQUET GRATUITIES DISTRIBUTION

Effective the date of ratification, the Banquet gratuity split shall be 100% to the applicable employees (as detailed below) working in the Server and Cook classifications. The 100% shall be sub-divided and specifically distributed amongst those applicable employees as follows:

• 70% to the Server(s) who are scheduled and work a shift during which the majority of the function takes place.

• 15% to the Cook(s) who are scheduled and work a shift during which the majority ofthe function takes place.

• 15% for the Server(s) who perform the set-up and take down of the function, even if the set up or take down occurs on a previous or subsequent day.

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APPENDIX G- UNION RESOURCE DEVELOPMENT FUND

The Company agrees to contribute the sum of nine cents ($0.09) per hour worked by bargaining unit members, to the Union's Resource Development Fund. Effective January 12, 2021, the Company agrees to increase the contribution to ten cents ($0.10) per hour worked by bargaining unit members. Said contribution shall be made by separate cheque and remitted with the union dues, monthly.

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APPENDIX H- PART-TIME EMPLOYEES

1. The atiicles, benefits in the Agreement and the following amendments listed below shall govern Pati time Employees:

Atiicles 1,2,3,4,5,6,7,8,9, 10,11 ,12,13, 14, 15,16, 17, 18, 19,20,21,22,23,24, 25 and 26 and Appendix "A","F", "G", "H", and "I"

2. A pali-time employee is an employee who works twenty-four (24) hours or less, four ( 4) weeks out of seven (7) in accordance with aliicle 24. Periods of approved leave shall not have the effect of convetiing an employee's status from full-time to pati time.

3. Pati time employees will be entitled to vacation pay based on the years of service requirements as set out in Appendix "B".

4. Pali time employees who qualify and who are not required to work on any public holiday established under the Employment Standards Act, 2000, (Ontario) shall receive pay for such public holiday(s). Qualifying employees will be entitled to payment for the public holiday in accordance with the formula provided for in the Employment Standards Act, 2000 (Ontario).

5. In order to qualify for public holiday pay, an employee must have worked his full scheduled shifts on each of the work days immediately proceeding and immediately following the public holiday concerned, and, if they are scheduled to work on the public holiday they must do so as well.

6. An eligible pati time employee who qualifies and who is required to work on a public holiday established under the Employment Standards Act, 2000 (Ontario) may, at the option of the employee exercised in writing and provided to the Company no later than one week prior to the public holiday be granted:

(i) a substitute holiday with pay in lieu of the public holiday to be taken within thiliy (30) days following the date of the public holiday; or

(ii) pay for the public holiday as provided herein.

In the event the employee chooses the substitute holiday, the employee will be paid his regular rate for authorized hours worked on the public holiday and will be provided with public holiday pay for the substitute holiday calculated in accordance with the fmmula provided for in the Employment Standards Act, 2000 (Ontario). In the event the employee does not choose the substitute holiday in the manner proscribed, the employee will be paid for authorized work performed on the public holiday at one and one-half (1.5) times his regular straight time hourly rate of pay

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and in addition shall receive public holiday pay calculated in accordance with the fonnula provided for in the Employment Standards Act, 2000 (Ontario).

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APPENDIX I- APPLICATION FOR MEMBERSHIP

APPLICATION FOR MEMBERSHIP AND CHECK-OFF AUTHORIZATION FORM

HOSPITALITY & SERVICE TRADES UNION- LOCAL 261 ("Local261") Affiliated with UNITE-HERE (the "International Union") and the C.L.C.

PLEASE PRINT -Must be completed in full

Employee Name:

Employed at : ________________ (Employer Name)

I request and accept membership in the Hospitality & Service Trades Union, Local 261, and promise to abide by the by-laws ofLocal261 and the constitution of the International Union. I authorize Local261 to represent me in negotiations concerning my wages, hours and other working conditions and any other matter related to my employment with my employer.

As a condition of continuing employment, I agree to allow my employer to deduct from my earnings: union dues, initiation and/or reinstatement fees and assessments.

I instruct my employer to deduct union dues from my paycheques in each month and to remit amounts so deducted to Local261 no later than the last day of the month for which the monies were deducted. I understand that my employer must do so in order for me to remain a member in good standing with the union.

It is understood that I will save the employer harmless for all deductions made in good faith in accordance with this authorization, the collective agreement as renewed and the Union's dues structure, as amended from time to time.

Name:

Address:

City: Prov: Postal Code ----------- ------ ---------

Telephone: ( ) Social Insurance No: -------------- -----------

Email: Date ofHire: -----------Job classification: __________ Department:

Have you previously been a member ofLocal261 or the International? Yes ___ No __ _

Applicant Signature

Date: ---------------

Witness

Witness name (print) __________________________ _