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IN THE MATTER OF A

COLLECTIVE AGREEMENT

BETWEEN:

NOR-SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

(hereinafter referred to as the "Company")

OF THE FIRST PART

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UNITED BROTHERHOOD OF RETAIL, FOOD, INDUSTRIAL AND SERVICE TRADES

INTERNATIONAL UNION

(hereinafter referred to as the "Union")

OF THE SECOND PART

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ARTICLE

ARTICLE 1 ARTICLE2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE23 ARTICLE24 ARTICLE 25

TABLE OF CONTENTS

PAGE

Purpose of Agreement .................................................. 5 Recognition .................................................................. 6 Management Rights ...................................................... 9 Relationship ................................................................ 12 Check off of Union Dues and Union Security ............ 14 No Strikes- No Lock Outs ........................................ 16 Negotiating Committee .............................................. 17 Representation .......................................................... 18 Grievance Procedure .................................................. 20 Arbitration .................................................................... 24 Discharge & Disciplinary Action ................................ 27 Seniority ...................................................................... 29 Safety and Health ........................................................ 37 Leave of Absence ........................................................ 38 Absence ............... : ...................................................... 39 Jury Duty ..................................................................... .40 Maternity/Parental Leave ........................................... .41 Bulletin Board ............................................................. .42 Bonding ...................................................................... ..43 Training Sessions ....................................................... .44 Room Service ............................................................. .45 General Matters ......................................................... .46 Maintenance Department ........................................... .48 Safety Shoe Allowance ............................................... .49 Housekeeping Department. ......................................... 50

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ARTICLE

ARTICLE26 ARTICLE27 ARTICLE28 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE32 ARTICLE33

TABLIE OF CONTENTS (Cont'd)

PAGE

Pay for Lost Time Due to Injury , ................................. 52 Wages, Classifications & Merit Rating ...................... 53 Bereavement Leave ..... , .............................................. 54 Sick Pay ..... , ................................................................ 56 Health & Welfare Benefits .......................................... 57 Bellman ......................................................... 59 Restaurant.. .................................................................. 60 Term of Agreement ...................................................... 61

SCHEDULE "N Wage Scale .................................................................. 62 SCHEDULE "B" Hours of Work and Overtime ..................................... .72 SCHEDULE "C" Vacations ...................................................................... 77 SCHEDULE "D" Holidays ...................................................................... 80 SCHEDULE "E" Banquet Employees .................................................... 83 SCHEDULE "F" General ........................................................................ 85

LEDER OF UNDERSTANDING- Tour Baggage .................................... 86 LEDER OF UNDERSTANDING- Evening Employee Meals ................ 87 LEDER OF UNDERSTANDING - Gifts .................................................... 88 LEDER OF UNDERSTANDING- Banquet Servers ................................ 89 LEDER OF UNDERSTANDING - Housekeeping .................................... 90 LEDER OF UNDERSTANDING- Lost and Found Items ...................... 91

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ARTICLE 1 -PURPOSE OF AGREEMENT

1.01 The purpose of this Agreement is to establish and maintain a mutually satisfactory collective bargaining relationship between the Company, the Union and the employees governed by this Agreement; to secure the prompt and equitable disposition of grievances; to establish and maintain satisfactory working conditions, hours of work and wages for all employees; and to promote the efficient operation of the Company's business without interruption or interference with work.

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ARTICLE 2 RECOGNITION

2.01 The Company recognizes the Union as the exclusive bargaining agent for all employees employed by Nor­Sham (Markham) Hotels Inc., c.o.b. Delta Hotel Markham in the Town of Markham, save and except supervisors, persons above the rank of supervisor, office, accounting, front desk, clerical and sales staff and students employed during the school vacation period.

Clarity Note:

The term supervisors in the above bargaining unit description includes the following positions: catering co-ordinator, banquet captain, restaurant supervisor, night auditor and guest service supervisor.

Students in the community college hotel management course or any of the co-op courses who work without remuneration for the Employer as part of their programme of studies are excluded from the bargaining unit as long as the student does not displace any bargaining unit employee.

2.02 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;

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(b) 'part-time employee' means an employee employed in the bargaining unit described in 2.01 who regularly works not more than twenty­four (24) hours per week;

(c) 'casual employee' is an employee who works intermittently for the Company and who is designated as such by the Company.

2.03 (a) The Company shall not use contracting out in order to intentionally subvert the bargaining unit

(b) It is agreed that management and other non­bargaining unit personnel are generally employed to do work other than work which is normally performed by the bargaining unit.

(c) It is also understood that the first priority in the Hotel is efficient guest service. Therefore, it is understood that management and other non­bargaining unit personnel may be required to help meet:

(i) unexpected guest requests or last minute booking changes or unexpected increase in volume;

(ii) last minute customer requests;

(iii) filling in because of bargaining unit absenteeism or no shows; and,

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2.04

(iv) training and experimentation requirements.

Nothing herein shall preclude positions such as the Executive Chef, Sous Chef, Executive Housekeeper, Restaurant Supervisors; or Banquet Captains from performing the full scope of their duties. The Company agrees not to abuse this provision.

It is understood and agreed that where an employee covered by this Agreement is receiving rates of wages, vacations with pay, paid statutory holidays in excess of those provided lor in this Agreement, the Company shall not reduce such benefits to such employee through the signing of this Agreement.

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ARTICLE 3- MANAGEMENT RIGHTS

3.01 Except as specifically limited by the express provisions of this Agreement, the Company reserves and retains, solely and exclusively, all of its inherent rights to manage the business. Without restricting the generality of the foregoing, the sole and exclusive rights of management include, but are not limited to the right to:

(a) maintain order and efficiency;

(b) hire, promote, demote, classify, transfer, suspend employees, and to discipline or discharge any employee for just cause provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided;

(c) make, alter and enforce, from time to time, reasonable written rules and regulations governing its employees;

(d) generally to manage the business in which the Company is engaged and without restricting the generality of the foregoing to determine the nature and kind of business conducted by the Company; the services to be provided and the

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quality thereof; the kinds and locations of facilities, equipment and materials to be used; the control of materials and parts; the number of shifts, the qualifications of an employee to perform any particular job, the methods and techniques of work; the content of JObs; quality and quantity standards, the schedules of production; the number of employees to be employed; the schedules and hours of work and the direction of the workforce; the extension, curtailment or cessation of operations or any part thereof; and,

(e) require medical examinations wher~ issues .of medical fitness to perform the work anses or With respect to absences from work for medical leave or when requests for accommodation for disability arise.

An employee who is required by the Company, and not by law, to see a medical practitioner of the Company's choice during working hours, shall be paid at his straight time hourly rate for a reasonable amount of time spent in undergoing such an examination.

An employee will not normally be required to produce a dOctor's certificate tor an absence on account of illness for less than three (3) days except in cases of abuse (including excessive absenteeism or pattern of

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absenteeism} as determined by the Company whereupon the employee may be required to furnish the Company with a certificate of a legally qualified medical practitioner stating the reason for the absence, the duration thereof, the dates upon which the physician examined the employee and certifying that he was unable to work during the period of absence as well as that he is fit to return to work.

3.02 It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the specific terms of this Agreement. It is understood that a claim that the Company has exercised these rights in a manner that is inconsistent with the specific terms of this Agreement shall be proper subject matter for a grievance.

3.03 During the course of this Agreement, if the Company 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 Company within thirty (30) days of 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. The arbitrator shall have regard to the existing wage structure set forth in Schedule "A" in determining the appropriate rate.

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ARTICLE 4 • RELATIONSHIP

4.01 The Company and the Union agree that no employee shall in any manner be discriminated against on account of membership or non-membership in the Union or by reason of any activity or lack of activity in

the Union.

4.02 The Union agrees that no Union member will conduct Union activities on the premises of the Company except as specifically permitted by this Agreement or with the written permission of the Company.

4.03 Authorized representatives of the Union shall be permitted to enter the premises of the Company at reasonable times for the purpose of conducting 1ts business. An official of the Union coming onto Company property shall first call and advise the General Manager or his designee. Entry shall not be refused unreasonably provided there shall be no interterence with guests or employees pertorming their work. The Company reserves the right to designate an appropriate area in the Hotel for such purposes and in no case shall such Union business occur in the public areas of the Hotel or within the hearing or presence of guests.

4.04 On the request of either party, the Company and the Union (consisting of the Local Business Agent, the Chief Steward and one other steward selected by the

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Union) shall meet not more often than once every three months for the purpose of discussing issues relating to the work place which affect the parties or any employee bound by this Agreement.

4.05 The Union recognizes the Company's responsibility to meet the requirements of its customers who furnish the source of employment for the Company's employees. The Union will co-operate with management's attempts to satisfy its customers where possible and to improve the efficiency, quality and delivery of its service in a manner consistent with its rights and the rights of its members under this Agreement and within the framework provided by law.

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ARTICLE 5 - CHECK OFF OF UNION DUES AND UNION SECURITY

5.01

5.02

All employees covered by this Agreement must become and remain members of the Umon tn good standing upon completion of their probationary

period.

During the lifetime of this Agreement, the Company shall take from the pay of all employees covered by this Agreement, on the first pay day of each month, such amount as may be uniformly assessed by the Union consmution and by-laws as regular monthly union dues, and shall remit same on or before the 1Oth day of the following month to the financial

secretary of the Union. The Union agrees to advrse the Company, in writing, of the amount set as regular monthly dues. It is understood that all probatronary

employees shall pay union dues from the frrst day of

their employment.

It is further understood and agreed that new employees hired alter the date of this Agreement shall have the Union initiation fee as unrformly assessed by the Union deducted from the first pay due to the employee in the month followrng

completion of the probationary period .

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5.03 The Union agrees to defend and save the Company harmless against all claims, demands and expenses arising pursuant to any deductions made under this article, should any person at any time claim that the Company acted wrongfully or illegally in making such check-off deductions.

5.04 The Company shall provide the Union monthly, with a list of those employees that have either been newly hired, quit, laid-off, or have been terminated.

5.05 The monthly remittance shall be accompanied by a statement showing the name, home address and S.I.N. number of each employee from whose pay deductions have been made and the total amount

deducted for the month. This statement shall also show the total gross earnings and the hours worked. Such statements shall also list names of employees

from whom no deductions have been made and the

reasons why.

5.06 The Company agrees to record total Union dues paid by each employee on their T-4 tax receipt.

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ARTICLE 6 • NO STRIKES· NO LOCK OUTS

6.01 The Union agrees that while this Agreement is in force, there will be no strike, slowdown, sitdown, stoppage of work or any act intended to interfere with work or the Company's operations. The Company agrees that there will be no lock-out while this Agreement is in force.

6.02 The Company shall have the right to discharge or otherwise disciple employees who have been proven to take part in or instigate any illegal strike, picketing, woi'k stoppage or slowdown or other action as set out in Article 6.01.

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ARTICLE 7 - NEGOTIATING COMMITTEE

7.01 The Company agrees to pay up to three (3) active full-time employees on the Union's negotiating committee at their base hourly rate for a maximum of eight (8) hours per day during negotiating sessions with the Company.

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ARTICLE 8 • REPRESENTATION

8.01 The Company agrees to recognize six (6) stewards selected by the Union, one of whom shall be the Chief Steward. All stewards shall be regular employees of the Company durtng their term of office and shall have at least one year of seJVice with the Company prior to assuming office.

8.02 The Union will inform the Company in writing of the names of the stewards appointed by the Union and of any subsequent changes in the names of any steward or stewards. The Company shall not be required to recognize any steward until such notification from the Union has been received.

8.03

The Employer agrees to notify new employees that a Collective Agreement is in effect, the name of their Union, and the names of their respective Stewards. The employee will be introduced to their department Steward at the earliest convenience.

The Union acknowledges that Stewards have their regular duties to perform on behalf of the Company and accordingly, it is agreed that the ability of Stewards to leave their work to attend to Union business is only granted subject to the following conditions:

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8.04

(a) Such business must be between the Union and management as specifically provided for under the terms of this Agreement;

(b) The Steward concerned shall obtain permission of his supeJVisor before leaving his work.; such permission shall not be unreasonably wtthheld provided that the Steward is not absent from work for an unreasonable amount of time.

Upon request, an employee who . is to r~ceive a verbal or written warning, suspenston or dtscharge shall be entitled to have a Union Steward (or, tf not available a fellow employee of the employee's choice who is working on the current shift) present as a representative during any meeting held to tmpose the discipline. An employee who has been terrntnated will have an opportunity to confer with the attendtng Steward, up to. fifteen (15) minutes. It is agreed that any contravention of this provision shall not votd the written warning, suspension or discharge.

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ARTICLE 9 - GRIEVANCE PROCEDURE

9.01 It is the mutual desire of the parties hereto that complaints or grievances of employees shall be adjusted as quickly as possible.

Step No.1

It is understood that an employee has no grievance until the employee has given his/her supervisor the opportunity of adjusting the complaint. The employee must accordingly first discuss the grievance with his/her supervisor and must do so within five (5)

·.working days of the date upon which the incident giving rise to· the grievance first occurred. The answer of the supervisor shall be made within five (5) working days of the discussion.

Step No.2

If the complaint is not settled with the supervisor at

interpretation, application, administration or alleged violation of this Agreement or it shall not constitute a valid grievance. The supervisor shall give his/her reply in writing to the employee within five (5) working days following receipt of the written grievance.

Step No.3

Failing settlement at Step No. 2, the Union may, within five (5) working days of the date of the supervisor's Step No. 2 reply, request in writing that the grievance be advanced to Step No. 3 whereupon a meeting shall be scheduled within ten (1 0) working days of the receipt of such request between the Hotel Manager or his designate, and the Griever, the Griever's steward (where requested} and the Union Business Representative(s} for the purpose of discussing the grievance. The Company will deliver its reply to the grievance in writing within ten (1 0) working days following such meeting.

Step No. 1 and the employee wishes to pursue the 9.02 Should the Union desire to submit a policy grievance

grievance, a .written grievance must be submitted to concerning the interpretation, application,

the employee's supervisor within ten (10) working administration or alleged violation of this Agreement,

days of the date upon which the incident giving rise to it may do so in writing at Step No.2 of the Grievance

the grievance first occurred. The wlitten grievance Procedure (provided such grievance shall be

shall be signed by the employee and shall indicate submitted to the Hotel Manager instead of a

the nature of !he grievance, the provisions of the supervisor) within ten (1 0} working days of the date

Agreement alleged to have been violated and the upon which the incident giving rise to the grievance

adjustment sought. Such grievance must relate to the occurred and the Company shall give its reply to the

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grievance in writing ten (1 0) working days following receipt of the grievance. The Union agrees that the right to process policy grievances will not be used to circumvent the regular Grievance Procedure and will not apply when an individual employee has the right to grieve under the terms of this Agreement.

9.03 Should the Company wish to submit a grievance concerning the interpretation, application, administration or alleged violation of this Agreement by the Union or any employee, it may do so in writing to a Business Representative or the President of the Union at Step No. 2 of the Grievance Procedure within ten (1 O) working days of the incident giving rise to the grievance and the Union shall give its reply in wr~ing within ten (1 0) working days following receipt of the grievance.

9.04 When two (2) or more employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing at Step No. 2 of the Grievance Procedure provided each employee has first complied with Step No. 1 of the Grievance Procedure.

9.05 Should any grievance fail to be satisfactorily settled under the foregoing provisions of this Article, it may be referred to arbitration by e~her the Company or the Union as provided for in Article 10 hereof.

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9.06 A seniority employee who believes that he has been discharged without just cause may file a written grievance. All cases of discharge must be grieved within three (3) working days from the date of discharge and will commence at Step No. 2 of the Grievance Procedure.

9.07 Any Union steward who is required to attend a meeting at Step No. 3 of the Grievance Procedure will not suffer any loss of regular straight time pay by reason of being off work during regularly scheduled hours lor the purpose of attending such meeting.

Similarly, no employee shall sustain a loss of regular straight time wages by reason of any time spent off the job to resolve a complaint with his supervisor at Step No. 1 of the Grievance Procedure if such lost time occurs during regularly scheduled working

hours.

9.08 It is agreed, however, that no employee shall leave his job to process a grievance under Step No. 1 and no Steward shall leave their job to attend a meeting under Step No. 3 unless he or she has first obtained permission from his or her supervisor and a person has been assigned to relieve him where necessary. Such permission shall not be unreasonably withheld, and the employee and/or Union Steward shall notify their supervisor immediately upon returning to work.

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ARTICLE 10- ARBITRATION

10.01 Where a difference arises between the Company and the Union concerning the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated and the grievance has not been resolved in the Grievance Procedure, provided all steps of the Grievance Procedure have been followed, either of the parties may notify the other party in writing of its desire to submit the grievance to arbitration. Such notice must be given in writing to the other party within ten (1 0) working days after the written decision is rendered at Step No. 3 of the Grievance Procedure.

1 0.0~ An arbitrator shall be selected within ten (1 0) calendar days of receipt of the notice to arbitrate. Every attempt shall be made to select such arbitrator by mutual agreement between the Company and the Union. If agreement cannot be reached within the above time limit, the grieving party must then request the Minister of Labour for the .Province of Ontario to appoint an arbitrator and shall do so within twenty· one (21) days after the expiry of the time limit to reach agreement on the selection of an arbitrator.

10.03 The arbitrator, once appointed, shall meet and hear the evidence and representations of both parties as

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soon as possible and shall render a decision promptly. The decision of the arbitrator upon the matter submitted shall be final, conclusive and binding upon the parties hereto, provided the arbitrator shall have no authority to alter or amend in any way the provisions of this Agreement; to substitute any new provisions in lieu thereof; to give any decision inconsistent with or contrary to the terms and conditions of this Agreement; to modify, add to, or delete from any provision of this Agreement; or to conSider any matter not covered by a provision of this

Agreement.

1 0.04 The costs and expenses of the arbitrator shall be borne equally by the parties.

10.05 The time limits in Articles 9 and 1 0 of this Agreement are mandatory, but may be extended by mutual agreement in writing. The tirne limits for filing a complaint or processing a grievance will, if the employee (or Union or Company, in the case of a policy grievance) was unaware of the incident giving rise to the grievance, commence from the time the employee (or Union or Company in the case of a· policy grievance) became aware or ought reasonably to have become aware of the incident to a maximum of forty-five (45) days from the date of the incident. For the purposes of Articles 9 and 10 of this Agreement, the term 'working days' will exclude Saturdays, Sundays and Holidays .

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10.06 No matter may be submitted to arbitration which has not been properly carried through all steps of the Grievance Procedure and within the time limits specified or any agreed~upon extension thereof.

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ARTICLE 11 ·DISCHARGE AND DISCIPLINARY ACTION

11.01 The maintenance of discipline is essential to the satisfactory operation of the Hotel and the Company specifically reserves the right to discipline and discharge employees for just cause. Without limiting the foregoing, it is specifically agreed that the following causes, if proven, will be conclusively deemed to be just cause for the discharge of an employee and an arbitrator shall have no jurisdiction to interfere with such penalty:

(a) theft or fraud against the Company, Hotel guests or a fellow employee;

(b) being on the job under the influence of or consuming or using while at work alcohol or any narcotic and/or dangerous drug not prescribed by a duly qualified medical practitioner.

11.02 The Company shall notify the Union of the discharge of a seniority employee within five (5) days of the discharge provided the omission or failure to do so will not nullify the discharge.

11.03 Upon request and upon giving reasonable notice, an employee may review his discipline file in the presence of his supervisor or delegate.

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11.04 Investigative meetings will be held on the basis of

one representative from the Company and the employee being present.

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ARTICLE 12- SENIORITY

12.01 An employee shall be on probation during a period of ninety (90) calendar days from when they work their

first shift. Upon completion of the probationary period, seniority shall be from the most recent date of hire.

During an employee's probationary period, he or she shall be considered to be on trial and shall be subject

to being disciplined, suspended or discharged without just cause and at the sole and unlimited

discretion of the Company. Notwithstanding anything

to the contrary in this Agreement, a probationary

employee shall not be entitled to grieve or arbitrate discipline or a suspension or discharge which occurs

during the probationary period.

12.02 When lay-offs or recalls from lay-off of full-time

employees in excess of three (3) working days occur,

they shall be handled as follows:

(a) Lay-offs and recalls from lay-off shall be by

classification within a department. Departments and classifications for purposes of lay-off and

recalls shall be as set forth in Schedule "A"

hereof.

(b) In all cases of lay-off or recall from lay-off, the

following factors will be considered:

(i) departmental seniority;

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(ii) skill, ability and efficiency;

Where, in the judgement of the Company, which shall not be exercised in an arbitrary manner, the qualifications in factor (ii) are relatively equal, factor (0 shall govern.

(c) Employees laid off from a classification in accordance with the provisions of this Article may bump a more junior employee, in an equal or lower rated job classification within the Department subject to 12.02(b). It is understood and agreed, however, that the laid off employee shall not be able to displace any employee in such named classification who has greater seniority than the applicant. Any employee in the named classification displaced as a result of this process shall have similar bumping rights in either an equal or lower-rated named classification within the Department.

Recalls to work shall be made to the classification within the Department from which the employee was laid off on the basis of the criteria set forth in Article 12.02(b) provided that any employee who has been placed in another classification in accordance with Article 12.02(c) hereof after having been laid off from his original classification, shall also have the right to be considered for recall to the original classification

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in accordance with the criteria specified in Article 12.02(b) hereof.

(d) Employees who are laid off will have first opportunity to apply for placement within any vacancy in the Hotel subject to the criteria in 12.02 (b) before any outside hires. The Employer shall advise the employee of this right prior to layoff and it is agreed that the employee will have the responsibility of checking with Human Resources Manager or "Job Opportunity Hotline" for vacancies.

(e) Wherever used in this Agreement, the word 'ability' shall mean presently possessed of the accomplishments which enable the person to perform the work required in accordance with the Company's quality and service standards.

12.03 It shall be the duty of an employee or laid off person to notify the Company's personnel office promptly, in writing, of any change in his or her address or telephone number. If an employee or laid off person fails to do this, the Company shall not be responsible for the failure of the notice to reach him or her and any notice which appears on the employee's personal personnel records shall be conclusively deemed to have been received, if sent by registered mail to the employee or laid off person on the third (3rd) day after it was sent.

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12.04 Upon ratification of this Agreement and thereafter during the first week in January and July of each year of this contract, departmental seniority lists (including classifications) will be supplied to the Union and posted on the bulletin board. The posted seniority lists shall be deemed to be correct if no complaint is initiated within fourteen (14) calendar days of such posting. Separate seniority lists will be maintained lor part-time and lull-time staff.

12.05 An employee shall lose his/her seniority and his/her employment shall be deemed to be terminated lor all purposes ff he or she:

(a) resigns or retires;

(b) is discharged and not reinstated through the Grievance or Arbitration Procedure;

(c) is laid off lor more than twelve (12) consecutive months or the employee's length of seniority, whichever is lesser;

(d) is absent from work without leave lor more than three (3) consecutive working days without a reason satisfactory to the Company;

(e) fails to return to work upon termination of an authorized leave of absencE;~ unless prior arrangements acceptable to the Company have

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been made or an extension of such leave or utilizes a leave of absence lor purposes other than those lor which the leave of absence may be granted;

(I) subject to the provisions of the Ontario Human Rights Code, is absent from work due to illness or injury lor more than twelve (12) months or the employee's length of seniority, whichever is lesser.

(g) fails to report within three (3) working days or fails to give a satisfactory explanation lor not reporting alter notice of recall to work to his last address on record with the Company in accordance with the terms of such notice of recall.

12.06 All new jobs and all permanent vacancies in existing jobs will be posted lor seven (7) calendar days.

12.07 In filling jobs under Article 12.06 hereof, the criteria in Article 12.02(b) shall apply.

12.08 An employee who bids successfully lor a job vacancy will not be permitted to bid lor another job lor a period of six (6) months.

12.09 In the event a lull-time position is open within a department, part-time employees within that

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classification who apply lor the position shall be given first consideration before any outside hiring provided they have the present skill and ability to do the job.

If no application is received from an employee from within the department, applications from employees who have completed their probationary period shall be given due consideration. In so doing, the Employer shall consider an employees' prior training and experience. Notwfthstanding Article 12.07, where there are no applicants from within the department and where applicants outside the department are relatively equal skill, ability, reliability and efficiency then Hotel wide seniority shall govern. Furthermore, the parties agree that qualified internal applicants have preference over qualified outside hires.

12.10 Temporary Transfer

(a) Any employee rnay be temporarily transferred from one classification to another classification provided that if such temporary transfer is at the instance of the Company and the rate of pay in the classification to which the employee is transferred is less than the employee's regular rate of pay, the employee shall receive his regular rate of pay for the period of temporary transfer. Employees temporarily transferred to a

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higher rated classification lor more than one (1) hour shall be entitled to receive the rate of pay lor the higher classification lor all time so worked in the higher rated classification.

(b) Any employee temporarily transferred at the request of the employee shall receive the rate of pay in the classification to which the employee is transferred.

(c) The Company will not abuse its right to temporarily transfer employees so as to avoid posting permanent vacancies.

(d) Temporary transfers shall not ordinarily exceed four (4) weeks in duration except to cover for employees absent on maternal or parental or other extended leaves.

12.11 Seniority· Part-time Employees

(a) Part-time employees have seniority only within the parHime classification.

(b) In all cases of filling permanent job vacancies for part-tirne employees within a department or area, if applicable, and in all cases of lay-off and recall of part-time employees within a department, if applicable, the criteria set out in Article 12.02(b) shall apply.

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(c) If a part-time employee is permanently promoted to a full-time position, their service for vacation purposes shall be determined by calculating the period of time since their last date of hire as a part-time employee to the date of their appointment as a full-time employee and dividing the result by two. For all other seniority purposes, !he employee shall be inserted at the bottom of the full-time seniority list for the classification and department involved and his or her seniority date tor the purposes of that list shall be the date they became a full-time seniority employee in that classification and at the department.

(d) If a full-time employee is permanently promoted or transferred to a new department or to another classification within the same department, they shall be placed at the bottom of the new department or classification seniority list for the period of one . year, alter which they will be credited with their most recent date of hire date as their seniority date.

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ARTICLE 13- SAFETY AND HEALTH

13.01 The Company and the Union agree that they will be guided by the Ontario Occupational Health and Safety Act governing employers and employees in Ontario.

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ARTICLE 14- LEAVE OF ABSENCE

14.01 The Company, at its discretion, may grant a leave of absence to an employee who requests same provided that such request is made in writing to the Company with a minimum of fourteen (14) days notice except in case of an emergency.

All such leaves of absence shall be without pay and without benefits provided that the employer contributions for group benefits for full-time employees shall be maintained for that portion of the leave which falls within the calendar month in which the leave commences, if the employee also pays their share of the cost of such benefits for that period. Provided the carrier so permits, employees may, at their option, continue group benefits for the duration of the leave on condition they pay the total premium cost therefor.

It is understood and agreed that only in exceptional circumstances will an employee with less than one (1) year of seniority be granted such leave. Seniority will continue to accumulate for the first sixty (60) days of such approved leave and thereafter shall be frozen until the employee returns to work from the leave.

14.02 It is understood that employees on leave of absence shall not use the time granted for purposes other than as declared in their request for such leave.

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ARTICLE 15 -ABSENCE

15.01 The Union and the Company agree that regular attendance at work is essential to the on-going prosperity of the Company and its employees and accordingly, every effort will be made by the parties to this Agreement to promote and encourage regular attendance at work.

15.02 An employee who is absent for any reason must report to the supervisor at least one (1) hour prior to the commencement of his shift with the reason for the absence unless for reasons beyond the employee's control.

15.03 If the Company believes that an employee's return to work presents a risk to the employee's health or safety or to the health or safety of other employees or guests of the hotel, the Company may require the employee to see a medical practitioner. The cost of such medical examination shall be paid by the Company to the extent it is not covered by OHIP. The employee will not be entitled to return to work until the medical practitioner has determined that the employee's return to work does not present a risk to the employee's health or the health or safety of the other employees or guests of the hotel.

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ARTICLE 16- JURY DUTY

16.01 The Company agrees to pay an employee who has completed his or her probationary period at the employee's regular straight time hourly rate, for each day an employee is required to serve and does serve on any Ontario jury provided he or she is scheduled to work on the day or days actually served on the jury and provided the employee gives prior written notice that he or she has been summoned for jury duty. The employee must tum into the Company the jury fees (exclusive of any meal or travel allowances) he receives in order to receive the compensation provided herein together with proof of service as a juror on the days in question.

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ARTICLE 17- MATERNITY/PARENTAL LEAVE

17.01 Employees shall be eligible for and entitled to maternity and parental leave in accordance with the provisions, terms and conditions of the Ontario Employment Standards Ad.

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. ,j

ARTICLE 18- BULLETIN BOARD

18.01 The Company will provide a bulletin board which may be used by the Union for posting Union notices. All Union notices must be signed by proper officials of the Union and submitted to the Hotel Manager or his designate for approval before being posted.

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ARTICLE 19- BONDING

19.01 Where required by the Company, each employee must be and remain acceptable for bonding purposes as a condition of continued employment and where an employee fails to be and remain acceptable to the Company's bonding company, his or her employment, regardless of seniority or other conditions, shall be terminated.

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--.----_ .. ,_~·- ····"'•""-····-····-·····

" ··. ·~ .

ARTICLE 20 ·TRAINING SESSIONS

20.01 Where an employee is required to attend a training session, the employee shall be paid at the employee's regular straight-time hourly wage rate.for all time spent at such meeting.

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.. ~~-. -.. --

ARTICLE 21 • ROOM SERVICE

21.01 Where a Room SeNice waiter is directed to deliver a complimentary item for a guest, he or she shall be paid a gratuity equal to fifteen percent (15%) ofthe menu price of the complimentary delivery.

21.02 On any management order delivered by a Room SeNice waiter, the Room SeNice waiter shall be paid a gratuity equal to fifteen percent (15%) of the menu price for the order.

21.03 The Company will continue its current practice of showing a fifteen percent (15%) gratuity on guests' cheques for any hotel food or beverage item ordered by a guest for delivery to a guest room.

21.04 Where a guest has paid a seNice charge for stocking a mini-bar in a room, the Room SeJVice waiter who did the stocking shall be paid five dollars ($5.00).

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····~-.

ARTICLE 22 - GENERAL MATTERS

22.01 Where the masculine pronoun appears in this Agreement, it shall be construed as including the feminine pronoun.

22.02 There shall be no compounding, duplication or pyramiding of premium and overtime rates under this Agreement.

22.03 Doctor's Notes:

In the event a doctor's note is requested, the Company agrees to pay for the full cost, provided such amount does not exceed the fees prescribed by the OMA.

Notwithstanding the above, it is understood that the Company shall not require a Medical Certificate for absences less than three (3) consecutive days.

22.04 Glasses

Glassware, china and flatware will be cleaned in the kitchen.

22.05 Dry Cleaning

The Company will provide dry cleaning services to a maximum value of twenty five dollars ($25.00) per month.

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22.06 Shoe Shelves

The Employer will provide shoe shelves that employees can use at their discretion and provide their own locks.

22.07 Collective Agreement

The parties shall share equally the cost of printing the collective agreement.

22.08 Tools

The Hotel will supply employees with tools necessary to the performance of their duties.

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,•""·•~-~. - ~~------"""'""""""'"""""""";""C"'""""""

ARTICLE 23 • MAINTENANCE DEPARTMENT

23.01 The Company shall supply full uniforms (and proper attire for inclement weather) as deemed appropriate by the Company for Maintenance Department employees.

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ARTICLE 24 - SAFETY SHOE ALLOWANCE

24.01 The Company requires that employees in the Maintenance Department, Kitchen, Banquet Porter, Houseperson, as well as the person employed as Receiver, shall wear safety shoes. The Company shall pay to full-time employees that it requires to wear safety shoes, provided they have one year of seniority, up to a maximum of seventy-five dollars ($75.00) every twelve (12) months, upon production of proof of purchase.

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·---. -. ,---. __ ,,,., ___ _

ARTICLE 25 - HOUSEKEEPING DEPARTMENT

25.01 Where a Housekeeping employee cannot complete his or her assigned work before the end of his or her scheduled shift, he or she shall notify his or her department manager and shall not work overtime without obtaining the manager's prior consent.

25.02 In Housekeeping, the daily room assignments expected to be completed w~hin an eight (8)-hour period for Room Attendants is fifteen (15) with such quota being applicable whether or not suites are included.

The above-noted quota shall be reduced from fifteen (15) to fourteen (14) rooms per eight (8)-hour period during the weekends in the summer months (June to September inclusive) if in the judgment of the Company business conditions will permit. For the purposes of this Article, 'weekend' includes room assignments given as a result of occupancy on Friday and Saturday nights and 'eight (8)-hour period' includes rest periods but not lunch breaks.

25.03 If Room Attendants are assigned rooms on three (3) different floors, the daily quota will be reduced by one (1) room for that day.

25.04 If in the judgement of the Room Attendant damage has been done to the room (i.e. the room has been

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trashed or has significant pet residue) which will necessitate a significantly longer time spent cleaning it, the Executive Housekeeper or her designate or the Duty Manager must be notified. If the Executive Housekeeper or her designate or the Duty Manager concurs, someone will be assigned to assist the Room Attendant with that room. If there is no one available, the Room Attendant will either be assigned to another room or have the day's room quota reduced by one (1) at the discretion of the Executive Housekeeper or her designate or the Duty Manager.

25.05 The Company agrees to the assignment of floors by classification seniority whenever possible.

25.06 As at ratification, Room Attendants will receive a one dollar and fifty cents ($1.50) premium per cot or sofa bed used and then made up by the Room Attendant. This premium will increase to one dollar and seventy five cents ($1. 75) effective January 1st, 2007.

25.07 Where an employee in Housekeeping is required to do more than two (2) suites in their normal eight (8) hours worked, such additional suites shall be counted as one and a half rooms.

25.08 Room Attendants shall not be required to wash glasses or cups in the guest rooms.

25.09 The Employer will place a blue box in each hotel room no later than August 31, 2005.

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ARTICLE 26- PAY FOR TIME LOST DUE TO INJURY

26.01 If an employee is injured after he or she has commenced work and is thereby incapacitated from carrying out his or her duties, Management shall arrange and pay for the cost of transporting the employee to and from the nearest Hospital if not covered by legislation or other benefit plans under this Agreement. The Employer will pay the employee for any hours he or she missed from his or her regularly scheduled shift on that date because of the injury if the employee is unable to complete his or her total shift on the day of the injury.

ARTICLE 27- WAGES. CLASSIFICATIONS AND MERIT RATING

27.01 The wage rates in effect during the term of this Agreement shall be those set forth in Schedule "A" attached to and forming part of this Agreement.

27.02 The scales of wages as outlined in Schedule '/\ in this Agreement are considered minimum scales and do not prohibit the Company from granting merit increases to more proficient employees.

27.03 Schedules "8", "C", "0", "E" and "P' are also attached to and form part of this Agreement.

27.04 The parties agree to meet during the months of February and March 2009 to determine the hourly rates to be paid during the period of April1 st, 2009 to March 31st, 2010. In the event that agreement is not reached the parties agree to jointly apply to the Ontario Labour Relations Board for the early termination of this agreement in order that the facilities of the Conciliation and Mediation Branch of the Ontario Ministry of Labour will be available to assist in resolving the matter.

-52- -53-

ii

ARTICLE 28- BEREAVEMENT LEAVE

28.01 If a member of an employee's immediate family dies, such employee, provided he or she has attained seniority, will not be required to attend at work for a period of up to three (3) days from the date of death of such person up to and including the date of the funeral, whether or not they are scheduled days of work for such employee and the employee will be paid for regulartime lost up to a maximum of eight (8) hours per day for each regularly scheduled work day that comes within such three-day period.

For the purposes of this Article, 'immediate family' shall include· the mother, father, wife, husband, common-law spouse, same-sex spouse, sister, brother, daughter, son, mother-in-law, father-in-law; sister-in-law, brother-in-law, or grandparent of the employee. To qualify as a common-law or same-sex spouse, the parties must have lived together in a permanent re·lationship for a minimum of one (1) year.

28.02 Payment will not be made if the bereavement leave occurs during an employee's vacation, days off or during any other absence from work.

Verification of bereavement leave may be requested by the department manager.

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28.03 The provisions of this Article shall not apply to casual employees.

28.04 If an employee requires additional compassionate leave without pay, application for leave of absence can be made in the usual way. These applications shall be processed as quickly as possible. If necessary, they may be confirmed by telephone with the Company.

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ARTICLE 29 • SICK PAY

29.01 Full-time employees are entitled to five (5) paid sick days per year alter completion of the probationary period.

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ARTICLE 30 • HEALTH AND WELFARE BENEFITS

30.01 The Company will continue the Group Insurance coverage presently available to employees provided that the Company reserves the right to change the carrier of such insurance coverage as it may see fit. The current practice of payment of premiums for such insurance shall continue throughout the life of this Agreement.

The particulars of the Group Insurance coverage shall be as more particularly described and set forth in the policy or policies of insurance and the insurance coverage provided shall be subject to the terms and conditions of any such policy. Any dispute over payments of benefits under any such policy shall be adjusted between the insured or the beneficiary under any such policy and the insurance company concerned, and no grievance shall lie against the Company in the event of any such dispute. Upon ratification, the Employer will reduce the paramedical coverage to $350.00 per practitioner.

30.02 Laid-off, part-time and casual employees will not be entitled to any benefit coverage under the terms of this Agreement.

,.~ J .. ~ ~···~···-··· -57-

"' .! !}

II i\ ,,

30.03 GROUP RRSP:

Effective October 1st, 2004 the Company and each full time employee will contribute 1% on all hours worked into a group RRSP.

Effective April 1, 2006, the Company will contribute 2% (while the employee will contribute 1%) on all hours worked, by each lull time employee, into a Group RRSP.

Effective October 1, 2006, the Company will contribute 3% (while the employee will contribute 1 %) on all hours worked, by each lull time employee, into a Group RRSP.

-sa-

ARTICLE 31 BELLMAN

31.01 All Niagara Tours and Car Rental and Taxi Requests shall be referred to a Bellman, if a Bellman is scheduled.

In the event that a Bellman is scheduled, but unavailable at the time of referral, all the gratuities shall be directed to the Bellman on shift at the time of referral.

When a Bellman is not scheduled, gratuity monies shall be pooled and shared between the Bellman based on their hours worked.

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,'!

ARTICLE 32- RESTAURANT

32.01 When a party of eight (8) or more persons makes a reservation or is seated in the restaurant or lounge, if the party is initially identified as being of 8 or more persons, the Company will request that it be permitted to add to the bill a gratuity equal to fifteen per cent (15%) of the food and beverage portion of the bill.

A gratuity equal to fifteen percent (15%) of the food and beverage portion of the bill will be added to all management meals in the Tivoli Garden RestauranVLounge.

32.02 Server will be entitled to a gratuity equal to fifteen per cent (15%) of the food portion of a bill that is complimentary or redeemed through vouchers, save and except for the Breakfast Buffet Voucher. If a Breakfast Buffet Voucher is offered by the Company and is redeemed by the Guest to the server, the Company will provide the server with a gratuity of ten (1 0%) percent per voucher.

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.~··--

ARTICLE 33 -TERM OF AGREEMENT

33.01 This Agreement shall become effective as of December 31st, 2007 and shall continue in effect until March 31st, 2010, and thereafter from year to year until terminated or amended by either party. Ninety (90) days prior to the expiration of this Agreement or any subsequent anniversary date, either party may notify the other of its desire to negotiate amendments or to renew this Agreement and both parties shall thereupon enter into negotiations for a renewal of this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement this ___ day of , ___ .

NOR-SHAM (MARKHAM) HOTELS INC. c.o.b Delta Hotel Toronto-Markham

Chris Hales Tracy Boyd

UNITED BROTHERHOOD OF RETAIL, FOOD, INDUSTRIAL AND SERVICE TRADES INTERNATIONAL UNION

Andrea Crowder Esmelin Bell Hsiung Huang David M. Kelava

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SCHEDULE "A"- APRIL 1, 2007 SCHEDULE "A" -APRIL 1, 2007 (CONT'D)

POSITION Start 1 Year POSITION Start 1 Year Rate Rate Rate Rate

HOUSEKEEPING BANQUETS Floor Supervisor 14.14 14.73 BOT Head Porter 11.58 11.75 Room Attendant 12.62 13.53 BOT Porter 11.10 11.34 Houseperson 12.62 13.53 BOT Server 7.49 7.73 LAUNDRY BOT Bartender 7.49 7.73 Laundry Attendant 12.62 13.53 Cashier 10.19 10.44 GUEST SERVICE MAINTENANCE Bellperson 10.07 10.56 Engineer 14.86 15.69 RESTAURANT Maintenance Helper 14.25 14.73 Restaurant Server 9.09 9.43 F&BADMIN. Busperson 9.58 9.96 Receiver/Store 13.83 14.31 Host 12.67 12.93 STEWARDING Room Service 9.38 9.72 Steward Supervisor 15.10 15.35 Am/Pm Service 10.74 10.91 Steward 12.02 12.62 Mini Bar Attendant 11.58 11.76 LOUNGE Barten.der 10.37 10.72 KITCHEN Brkfst Cook 1 14.99 15.47 Brkfst Cook 2 13.70 14.25 First Cook 16.43 17.04 Second Cook 14.99 15.47 Third Cook 13.41 13.86 Tournant 15.83 16.32 Apprentice 1 11.41 12.01 Apprentice 2 12.56 13.16

-62- - 63-

·-,--:~c.--·~-~ ...

'\'·1 ,]!1

1: SCHEDULE "A"- SEPTEMBER 1, 2007 j)i

SCHEDULE "A"· SEPTEMBER 1, 2007 (CONT'D)

111. POSITION Start 1 Year POSITION Start 1 Year ,, Rate Rate . !i Rate Rate

i HOUSEKEEPING

il Floor Supervisor 14.79 15.38 I[ Room Attendant 13.27 14.18

BANQUETS BOT Head Porter 12.33 12.50 BOT Porter 11.85 12.09

'i Houseperson 13.27 14.18 BOT Server 8.24 8.48 LAUNDRY BOT Bartender 8.24 8.48 Laundry Attendant 13.27 14.18 Cashier 10.94 11.19 GUEST SERVICE MAINTENANCE Bell Person 10.37 10.86 Engineer 15.26 16.09

I RESTAURANT Maintenance Helper 14.65 15.13 Restaurant SeiVer 9.39 9.73 F&BADMIN Busperson 9.88 10.26 Receiver/Store 13.83 14.31 Host 12.97 13.23 STEWARDING ROom SeiVice 9.68 10.02 Steward Supervisor 15.40 15.65 Am Pm Servic 11.04 11.21 Steward 12.32 12.92 Mini-Bar Attendant 11.88 12.06 LOUNGE Bartender 10.67 11.02 KITCHEN Brkfst Cook 1 15.44 15.92 Brkfst Cook 2 14.15 14.70 First Cook 16.88 17.49 Second Cook 15.44 15.92 Third Cook 13.86 14.31 Tournant 16.28 16.77 Apprentice 1 11.86 12.46 Apprentice 2 13.01 13.61

- 64. . 65.

,, rl SCHEDULE "A"- OCTOBER 1, 2007 p ,.~

Start 1 Year ,, POSITION l:i Rate Rate !1·' ,,

HOUSEKEEPING

SCHEDULE "A"- OCTOBER 1, 2007 (CONT'D)

POSITION Start 1 Year Rate Rate

BANQUETS ,, Floor Supervisor 14.94 15.53 I•

I!. Room Attendant 13.40 14.32

II Houseperson 13.40 14.32

[i. LAUNDRY Laundry Attendant 13.40 14.32

( GUEST SERVICE

r,l

Bellpersori 10.47 10.97 RESTAURANT

I Restaurant Server 9.49 9.83

(i Busperson 9.98 10.36 Host 13.10 13.36

I Room Service 9.78 10.12 I Am Pm Service 11.15 11.32

ji Mini-Bar Attendant 12.00 12.18 LOUNGE Bartender 10.78 11.13

BQT Head Porter 12.45 12.63 BQT Porter 11.97 12.21 BQT Server 8.32 8.57 BQT Bartender 8.32 8.57 Cashier 11.05 11.31 MAINTENANCE Engineer 15.41 16.25 Maintenance Helper 14.80 15.28 F& BADMIN. Receiver/Store 13.97 14.45 STEWARDING Steward Supervisor 15.56 15.80 Steward 12.44 13.05

KITCHEN Brkfst Cook 1 15.60 16.08 Brkfst Cook 2 14.29 14.85 First Cook 17.05 17.67 Second Cook 15.60 16.08 Third Cook 14.00 14.46 Toumant 16.45 16.94 Apprentice 1 11.98 12.58 Apprentice 2 13.14 13.75

- 66- - 67-

!J li SCHEDULE "A" ·APRIL 1, 2008 SCHEDULE "A"· APRIL 1, 2008 (CONT'D) !{ '· ~~

lj: POSITION Start 1 Year POSITION Start 1 Year Rate Rate Rate Rate

Jr .• HOUSEKEEPING BANQUETS Floor Supervisor 15.16 15.76 BQT Head Porter 12.64 12.82 Room Attendant 13.60 1454 BQT Porter 12.15 12.39

'-·1 Houseperson 13.60 1454 BQT Server 8A5 8.70 LAUNDRY BQT Bartender 8A5 8.70

' Laundry Attendant 13.60 14.54 Cashier 11.22 11A8

n GUEST SERVICE MAINTENANCE Bellperson 10.63 1U4 Engineer 15.64 16.50 RESTAURANT Maintenance Helper 15.02 15.51 Restaurant Server 9.63 9.97 F&BADMIN. Busperson 10.13 10.52 Receiver/Store 14.18 14.67 Host 13.29 13.56 STEWARDING Room S~rvice 9.92 10.28 Steward Supervisor 15.79 16.04 Am Pm Service 11.32 11A9 Steward 12.63 13.24 Mini Bar Attendant 12.18 12.37 LOUNGE Bartender 10.94 11.30 KITCHEN Brkfst Cook 1 15.83 16.32 Brkfst Cook 2 1451 15.07 First Cook 17.31 17.93 Second Cook 15.83 16.32 Third Cook 14.21 14.67 Tournant 16.69 17.19 Apprentice 1 12.16 12.77 Apprentice 2 13.33 13.96

. 68. • 69 .

. , ,,, .. ,, .. ·••· .... ""':'•'--,..-;c·-1~

'i ',

SCHEDULE "A"- OCTOBER 1, 2008 li

'I POSITION Start 1 Year !ill Rate Rate

. 1f1 HOUSEKEEPING 1·-II Floor Supervisor 15.39 16.00

1.· Room Attendant 13.80 14.75

"' Houseperson 13.80 14.75 I ''

i LAUNDRY •'' Laundry Attendant 13.80 14.75 11,', ,'j,i, GUEST SERVICE

Bellperson 10.74 11.25

RESTAURANT Restaurant Server 9.73 10.Q7

SCHEDULE "A" - OCTOBER 1, 2008 (CONT'D)

POSITION Start 1 Year Rate Rate

BANQUETS BQT Head Porter 12.77 12.95 BQT Porter 12.27 12.52 BOT Server 8.53 8.78 BQT Bartender 8.53 8.78 Cashier 11.38 11.65 MAINTENANCE Engineer 15.88 16.74 Maintenance Helper 15.24 15.74 F& BADMIN.

Busperson 10.23 10.62

Host 13.43 13.70 Receiver/Store 14.40 14.89 STEWARDING

Room Service 10.02 10.38

Am Pm Service 11.43 11.61

Mini-Bar Attendant 12.30 12.49

Steward Supervisor 16.03 16.28 Steward 12.82 13.44

LOUNGE Bartender 11.05 11.41

KITCHEN Brkfst Cook 1 16.07 16.56

Brkfst Cook 2 14.73 15.30

First Cook 17.57 18.20

Second Cook 16.07 16.56

Third Cook 14.42 14.90

Toumant 16.94 17.45

Apprentice 1 12.34 12.96

Apprentice 2 13.53 14.17

- 70- -71 -

SCHEDULE "B" HOURS OF WORK AND OVERTIME

8.01 This Schedule shall not apply to Banquet employees. It is understood that the hours of work and overtime provisions for Banquet employees shall be determined in accordance with the terms and conditions of the Employment Standards Act and not this Article.

B.02 It is hereby expressly understood and agreed that the provisions of this Schedule are for the purposes 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 a working schedule.

B.03 The normal work week for full-time employees shall consist of forty (40) hours per week made up of five (5) eight (8) hour days. The Company shall use its best efforts to arrange schedules so that such employees will, wherever possible, have two (2) consecutive days off during each work week; however, it is understood that it may not be possible to attain this goal.

B.04 It is recognized that the Company will from time to time require employees to perform overtime work. An employee who wishes· to be excused from an overtime assignment shall, in support of his or her

- 72-

request, furnish the Company with an acceptable bona fide reason. The Company's decision upon the request will not be made in an arbitrary manner.

B.05 Overtime at the rate of one and one-half (1-1/2) times the employee's straight time hourly rate of pay exclusive of premiums shall be paid for hours worked in excess of forty (40) hours in the week and eight (8) hours per day.

B.06 Employees are to be entitled to a one-half (1/2) hour unpaid lunch break during each shift of five (5) hours or more, to be taken at a time designated by the Company.

8.07 Overtime at the rate of time and one-half (1-1/2) the employee's basic rate of pay shall be paid for authorized hours worked on the sixth (6th) and seventh (7th) consecutive day in a work week.

B.08 It is agreed by the parties that if an employee requests a change in his or her scheduled days off (as provided for elsewhere in this Agreement) or requests to work on his/her scheduled days off to make up for a shortage of hours, which results in work being performed on a sixth (6th) or seventh (7th) day, the Company shall not be required to pay overtime rates to honour this request.

B.09 In no case shall there be a duplication or pyramiding of overtime or any other premium compensation.

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B.1 0 Minimum Reporting Allowance

(a) A full-time employee, who properly reports for work as scheduled, shall be entitled to work his or her shift up to a maximum of four (4) hours or be paid equivalent pay at his or her straight time hourly rate unless the Company has notified the employee in advance not to report to work. Where an employee has reported for work and there is no work available, then the employee will perform such temporary work, as is available in order to qualify for payment hereunder.

(b) This minimum reporting allowance cjoes not apply where the employee reports for work but there is no work for him or her to do because of circumstances beyond the control of the Company.

(c) When an employee has not been working because of illness, leave of absence or any other causes, it shall be his responsibility to arrange with the Company for his return to work prior to his intended date of return, and if the employee fails to do so, he shall not be entitled to the reporting allowance as herein provided.

-74.

8.11 Call-Back

A full-time employee who has completed his scheduled shift and has left the Company premises and is recalled because of an emergency, will receive a minimum of four (4) hours' pay at regular rates.

It is understood that this provision shall not apply to Banquet employees or to a full-time employee who is required to work a period prior to the commencement of his or her regular shift.

8.12 (a) The Company shall, whenever possible, post shift schedules at least two (2) days in advance. The Company will use its best efforts to avoid altering a scheduled day off for a full-time employee without giving such employee twenty­four (24) hours notice of the change, while recognizing that this goal may not always be achievable in view of business requirements.

(b) During the term of this Agreement, the Company will continue its current practice relative to assigning shift preference by classification seniority when scheduling full-time employees. And further, the Company will endeavour to arrange schedules so that employees with greater classification seniority are given preference for the greater share of available hours where there is a shortage of work for employees in that classification.

. 75-

It is understood thai the foregoing is subject to the Company being able to maintain a qualified and efficient work force.

8.13 Employees will be entitled to one fifteen (15) minute rest period for each completed one-half shift of four (4) hours at times deemed convenient and appropriate by the Company.

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SCHEDULE "C" VACATIONS

C.01 For the purposes of determining the vacation to which an eligible employee is entitled, the anniversary date of his or her employment shall apply.

C.02 Full-time employees in the active employ of the Company shall be entitled to an annual vacation with pay in accordance with the following schedule:

(a) For eligible employees who have completed one (1) year of service or more but less than five (5) years of service, they will receive two (2) weeks vacation with pay equivalent to four percent (4%) of their gross wages earned during the preceding twelve (12) months prior to the anniversary date of the service;

(b) For eligible employees who have completed five (5) years of service or more but less than ten (1 0) years of service, they will receive three (3) weeks vacation with pay equivalent to six percent (6%) of their gross wages earned during the preceding twelve (12) months prior to the anniversary date of the service;

(c) For eligible employees who have completed ten (1 0) or more years of service, they will receive

-77-

~J ' ~·. ' '::,.

I. I.

: 'I•· .

four (4) weeks vacation with pay equivalent to eight percent (8%) of their gross wages earned during the previous twelve (12) months prior to the anniversary date of the service.

(d) For eligible employees who have completed twenty four (24) or more years of service, they will receive five (5) weeks' vacation with pay equivalent to ten percent (1 0%) of their gross wages earned during the previous twelve (12) months prior to the · anniversary date of the service.

(e) Vacations shall be granted within twelve (12) months following the date in which an employee qualifies and vacation pay will be paid out only when the employee takes their vacation. Vacation credits shall not accumulate from year to year without the express written consent of the Company.

(f) For the purposes of this Article, gross wages shall not include vacation pay previously paid or tips and other gratuities.

C.03 The Company reserves the right to schedule vacations provided that the Company agrees to post a vacation schedule in each Department by February 1st of each year. Employees by seniority will indicate their preference by the last day of February of each

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year. Tentative vacation approvals will be posted by Department by March 31st of each year.

C.04 Vacation credits shall not be accumulated from one year to the next except as may be mutually agreed to by the Company and the employee in writing.

C.OS Vacation pay shall be paid on a separate cheque in the week immediately prior to the employee's vacation where requested one month in advance.

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SCHEDULE "D" HOLIDAYS

D.01 An o1herwise eligible employee who is scheduled to work on one of the designated holidays but does not report for work as scheduled shall forfeit his or her holiday pay for that particular day.

D.02 Subject to Article D.04; D.05 and D.06 hereof, employees who have completed their probationary period and who are not required to work on the holiday concerned, shall receive pay for the.following holidays:

1. New Year's Day 2. Good Friday 3. Victoria Day 4. Canada Day 5. Civic Holiday 6. Labour Day 7. Thanksgiving Day 8. Christmas Day 9. Boxing Day 1 0. Employee's Birthday 11. Anniversary Date of Employment 12. Family Day

D.03 Any authorized work performed by an employee on any one of the above-named holidays (except Employee Birthday, Civic Holiday and Anniversary

- 80-

Date of Employment) shall be paid at the rate of time and one half (1-1/2) the regular rate for such time worked. Subject to mutual agreement between the employee and the Company, the employee may take another day in lieu of the holiday within thirty (30) calendar days or may just accept the pay in lieu.

0.04 In order to be entitled to holiday pay, a part-time or casual employee must fulfill all the requirements as set forth in the Ontario Employment Standards Act.

Notwithstanding any other provision of .this Agreement, a full-time employee will only be paid for a holiday if he:

(a) works the last full scheduled shift before and the first full scheduled shift after the holiday unless he has received prior written permission from the Company to be absent;

(b) agrees to work on the holiday, is scheduled to do so and does report for work on the holiday, unless he has reasonable cause for failing to report; and

(c) is on the active payroll of the Company and not on leave of absence, sick leave or lay-off.

Holiday pay shall consist of a sum equal to the employee's straight-time hourly rate for the number of

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hours normally worked by such employee in a regular non-overtime work day. Should any dispute arise in the calculation of the number of hours normally worked by an employee in a regular non-overtime work day, it shall be resolved by averaging the number of non-overtime hours worked by such employee in the four (4) week period preceding the public holiday.

0.05 Where a holiday occurs in the period during which an employee is on a scheduled vacation and the employee is otherwise entitled to payment for such holiday hereunder, then the employee will receive pay for the holiday in addition to his or her scheduled vacation, or by agreement between the employee and the Company, may take an extra day off with pay calculated in accordance with the provisions of Article D at a time mutually agreeable to the employee and the Company.

0.06 Where an employee is not scheduled to work on a holiday and the employee is otherwise entitled to payment for such holiday hereunder, the Company may either pay the employee his or her holiday pay calculated in accordance with the provisions of Article D hereof or by agreement between the employee and the Company, the employee may receive an extra day off with pay calculated in accordance with the provisions of Article .0.04 at a time mutually agreeable to the employee and the Company.

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SCHEDULE "E" BANQUET EMPLOYEES

E.01 This Article applies to all Banquet Staff covered by this Collective Agreement.

E.02 Except as otherwise provided herein, full-time Banquet employees shall be subject to all the terms and conditions within the Collective Agreement between the Company and the Union. Part-time and casual Banquet employees shall only be entitled to the terms and conditions of this Article and to the Grievance Procedure set out at Article 9.

E.03 The hours of work and overtime provisions for full­time, part-time and casual Banquet employees shall be determined in accordance with the terms and conditions of the Employment Standards Act of Ontario.

E.04 Vacation pay for part-time and casual banquet . employees shall be in accordance with the provisions of the Employment Standards Act of Ontario.

E. OS (a) Effective on the date of ratification, the Company portion of the gratuity pool shall be 24% and the employee share 76%.

(b) Effective March 1st, 2007 the Company portion shall be 23% and the employee share 77%.

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Banquet Porters shall share in the banquet !rune provided their participation shall be as follows:

Servers 75%

Porters 2%

(c) Where the Company is successful in negotiating a bartender charge for cash bars, 75% of such charge will be divided among the bartender/cashier 70/30.

(d) Outside catering: where no gratuities are applicable, the employees shall receive payment of $15.00 per function iti addnion to wages

~·:'.' eamed.

E.06 Commencing upon ratification, a daily gratuity report for the preceding day must, within twenty-four (24) hours, be posted in the Banquet Department, visible to all employees. A copy of this report will be available daily to the Banquet Union Steward.

The foregoing shall not apply to weekends and paid holidays.

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SCHEDULE "F" GENERAL

F.01 Premiums - A full-time seniority employee who is eligible shall receive the group insurance coverage referred to in Article 22 during the first two (2) months of such absence provided the absence is continuous. No employee shall receive this benefit more than four (4) months in total during the life of this Agreement.

F.02 For purposes of shift preference, Maintenance Engineers and Maintenance Helpers will be deemed to be one classification.

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LETTER OF UNDERSTANDING

RE: Tour Baggage

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

The Company will use its best efforts to contract for tour baggage handling at two dollars and fifty cents ($2.50) in and out for each guest on the tour provided it does not jeopardize the business.

Chris Hales General Manager NOR-SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

. 86.

LETTER OF UNDERSTANDING

RE: Evening Employee Meals

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

The parties agree to allow a transition period of six (6) months to allow the new chef to establish a level of consisting for evening employee meals, which will be prepared daily.

Chris Hales General Manager NOR·SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

. 87.

.:.

LETIER OF UNDERSTANDING

RE: Gifts

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

The Parties agree that the value of gifts given to the Housekeeping, Bellman and Maintenance employees attending the Housekeepping Christmas Party will be of ~qual value.

Chris Hales General Manager NOR-SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

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LETIER OF UNDERSTANDING

RE: Banquet Servers

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

Notwithstanding Schedule C.02 (E) of the collective agreement, it has been agreed, between the Company and the Union that, for the purposes of calculating vacation pay for the full-time banquet servers employed by the Company, "gross wages" shall be read to include that portion of banquet gratuities to which these employees are entitled and which are disbursed by the Company through the bi-weekly payroll.

The document constitutes an agreement between the Company and the Union as per the undersigned.

Chris Hales General Manager NOR-SHAM (MARKHAM) HOTELS INC.c.o.b. Delta Hotel Markham

David Kelava General President U .. B.R.F.I.S.T

. 89.

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i

LETTER OF UNDERSTANDING

RE: Housekeeping

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

The Employer agrees that Room Attendants are paid to work by the hour and are expected to take breaks and meal periods. This letter will expire with the Collective Agreement.

Chris Hales General Manager NOR-SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

. 90.

LETTER OF UNDERSTANDING

RE: Lost and Found Items

TO: Mr. David Kelava General President The United Brotherhood of Retail, Food, Industrial and Service Trades International Union

The Employer undertakes to apply the current (or future) Franchise Standard Operating Procedure(s) relating to Lost and Found items. It is understood that an employee will have no right to unclaimed items where they are in the control of the Police or otherwise no longer available to the employer.

Chris Hales, General Manager NOR-SHAM (MARKHAM) HOTELS INC. c.o.b. Delta Hotel Markham

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