COLLECTIVE AGREEMENT

BETWEEN:

HOLIDAY INN EXPRESS & SUITES (FRONT DESK)(

(hereinafter collectively called the "Employer" or "Company")

AND:

~:

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

(hereinafter cal,led the .. Union .. )

TERM: December 21, 2017 to December 20, 2020

Table of Contents ARTICLE 1 -PURPOSE ................................................................................................. 3 ARTICLE 2- SCOPE AND RECOGNITION ................................................................... 3 ARTICLE 3 - MANAGEMENT RIGHTS ......................................................................... .4 ARTICLE 4- UNION SECURITY AND CHECK-OFF ...................................................... 5 ARTICLE 5- NO STRIKES OR LOCKOUTS .................................................................. 6 ARTICLE 6- UNION COMMITTEE AND STEWARDS ................................................... 6 ARTICLE 7- GRIEVANCE PROCEDURE ...................................................................... ? ARTICLE 8- POLICY, GROUP AND EMPLOYER GRIEVANCES ................................. 9 ARTICLE 9- ARBITRATION .......................................................................................... 9 ARTICLE 10- DISCHARGE ......................................................................................... 1 0 ARTICLE 11- PROBATIONARY PERIOD AND SENIORITY ....................................... 11 ARTICLE 12- LOSS OF SENIORITY ........................................................................... 11 ARTICLE 13- LAYOFF AND RECALL ......................................................................... 12 ARTICLE 14- SENIORITY LISTS ................................................................................ 13 ARTICLE 15- JOB POSTING/TRANSFERS ................................................................ 13 ARTICLE 16- LEAVES OF ABSENCE ......................................................................... 15 ARTICLE 17- HOURS OF WORK ................................................................................ 16 ARTICLE 18- OVERTIME ............................................................................................ 18 ARTICLE 19- GENERAL ............................................................................................. 18 ARTICLE 20 -VACATION ............................................................................................ 19 ARTICLE 21- PAID HOLIDAYS ................................................................................... 20 ARTICLE 22- WAGES ................................................................................................. 21 ARTICLE 23- WORKER'S COMPENSATION ............................................................. 21 ARTICLE 24- HEALTH AND SAFETY ......................................................................... 21 ARTICLE 25- HEALTH AND WELFARE ...................................................................... 24 ARTICLE 26- DURATION ............................................................................................ 28 SCHEDULE "A" ............................................................................................................. 29

WAGE SCHEDULE .................................................................................................... 29

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ARTICLE 1 - PURPOSE

1.01 It is mutually desired amongst the Parties to cooperate in establishing and maintaining conditions which promote a harmonious relationship between the Company and the employees covered by this Agreement through the Union, to secure prompt and fair disposition of grievances, to secure the efficient operation of the Company's business without interruption or interference with work, and to provide fair wages, hours and working conditions for the employees. It is recognized by this Agreement to be the desire of the Company, the Union and the employees to cooperate fully, individually and collectively for the advancement of the said conditions.

1.02 The term "employee" used in this Collective Agreement shall mean only those employees who are included in the bargaining unit as described in Article 2.01. Whenever the feminine gender is used in this Collective Agreement, it shall be deemed to include the masculine, and the singular shall include the plural and vice­versa, whenever the context so requires.

ARTICLE 2 - SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the sole bargaining agent for all front desk employees of Woodlawn Hospitality Inc., carrying on business at 540 Silvercreek Parkway North, Guelph, Ontario, save and except managers and those above the rank of manager.

Clarity Note: The Union and the Company agree that Night Auditor will be in the Union.

2.02 The Company shall not enter into any agreement or contract with those for whom the Union has bargaining rights, either individually or collective, and other persons outside of the bargaining unit.

2.03 The Company agrees that supervisors and management shall not perform any bargaining unit work except in cases of emergency or training new employees, or to cover fluctuations in the business as per past practice of business. Notwithstanding the above and provided bargaining unit employees are at their maximum forty (40) hours per week (except in cases where an employee has requested time off), the Company may cover absences or temporary vacancies with management personnel to a maximum of two (2) shifts/week.

2.04 No Discrimination

The Company, the Union and the employees agree that every employee has the right to equal treatment to employment without discrimination based on the protected grounds defined by the Ontario Human Rights Code. Further, the

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Employer agrees to treat every employee with respect and dignity. The Employer acknowledges that they must maintain a harassment free workplace by law.

2.05 The Employer agrees that they will not ask employees to do unethical things.

2.06 Front Desk employees will be assigned to do front desk duties only except in a case of the demand of a room when housekeeping is not available.

2.07 The Employer agrees to abide by the Scope and Recognition clause as set out by the Ministry of Labour. All bargaining unit employees shall have their seniority established in accordance with Article 11 of the Collective Agreement.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union recognizes that the management, supervision and direction of the workplace is fixed exclusively with the Company and shall remain solely with the Company except as specifically modified by this Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to:

(a) maintain order, discipline and efficiency;

(b) hire, discharge, assign, direct, classify, transfer, promote, demote, layoff, recall or suspend or otherwise discipline for cause, provided that a claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the Grievance Procedure;

(c) establish and enforce reasonable rules, regulations, policies and practices which are to be observed by employees, provided that they are not inconsistent with the provisions of this agreement. Such rules, regulations, policies and practices will be made available to the employees;

(d) determine, in the interest of efficient operations and the highest standards of service, classifications, hours

(e) of work, assignments, methods of doing the work, job content, scope of services to be provided to clients, and the working of the establishment;

(f) generally to manage and operate the workplace and business in all respects in accordance with its obligations, and without restricting the generality of the foregoing, to determine the kinds and locations of services to be provided, equipment to be used, the allocation and number of employees required from time to time and all other matters concerning the Company's operations, not otherwise specifically dealt with elsewhere in this

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agreement.

3.02 The Employer shall not exercise their management rights in a manner inconsistent with the terms of this Agreement.

ARTICLE 4- UNION SECURITY AND CHECK-OFF

4.01 (a)

4.02 (a)

All employees on the payroll of the Company shall become and thereafter remain members of the Union in good standing as a condition of employment.

The Company shall remit to the Union, within fifteen (15) calendar days following date of hire to the Union Membership Application Form signed by the new employees.

The Company shall during the term of this Collective Agreement as a condition of employment, deduct from the employees in the bargaining unit the regular weekly Union dues as determined by the Union and such dues shall be remitted to the Union prior to the fifteenth (151h) day of the month following the month in which the deduction is made.

Dues & Initiation Fees

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail (remit@ ufcw175.com) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following information: as known to the Company.

1. S.I.N 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation 7. Union dues deducted (or the reason a deduction was not

made). If dues are deducted weekly, report requires five (5) columns for reporting.

8. Total dues deducted

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9. Back dues owing 10. Vacation pay breakdown of dues owing 11. Initiation fees deducted 12. Total Initiation Fees deducted

A remittance slip containing the full name, rate of pay, classification, date of hire of each employee, including new hires and the amount deducted (or the reason a deduction was not made) shall be forwarded to the Union with the monthly dues cheque. The Company will provide this information on common acceptable magnetic computer media.

4.03 The Company will provide the union within thirty (30) days of ratification of this Collective Agreement and in January and July of each year of this Collective Agreement and subsequent renewals:

(a) a listing of all employees and classifications, current address and telephone numbers; and

(b) a list of hirings, discharges, resignations and retirements.

4.04 The Company shall report annual Union Dues with holdings for each employee on the employee's T4 form.

4.05 The Union shall indemnify and save harmless the Company, its agents and/or employees acting on behalf of the Company, from any and all claims, demands, actions or causes of action arising from, or in any way connected with the collection or remittance of such dues.

4.06 The Company shall on the date of hire acquaint new employees with the fact that this Collective Agreement is in effect and the conditions of employment.

ARTICLE 5 - NO STRIKES OR LOCKOUTS

5.01 While the Collective Agreement is in force, neither the Union nor any employee shall take part in or call or encourage any strike, sit down, slow down or any suspension of work against the Company, which shall in any way affect the operations of the Company. While the Collective Agreement is in force the Company shall not engage in any lockout of employees.

ARTICLE 6 - UNION COMMITTEE AND STEWARDS

6.01 The Company will recognize up to two (2) Stewards selected from members of the bargaining unit. The Company shall be advised of the names of the Stewards and shall be notified of any changes from time to time.

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6.02 The Union acknowledges that the Stewards have regular duties to perform on behalf of the Company. The Steward shall, with the consent of their Supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a Steward as provided for in this Collective Agreement for the prompt handling of necessary union business, with Management, such consent from the Supervisor shall not be unreasonably withheld. When returning to regular duties the Steward shall first report to one of the General Managers.

6.03 It is agreed that the Union has the right to elect or otherwise select a Negotiating Committee consisting of one (1) member. The Employer agrees to pay such Negotiating Committee member eight (8) hours per day for each day spent in negotiations with the Company, to a maximum of one (1) day. It is understood that any additional days spent in negotiations that are non-scheduled work days for the Committee member, shall be at the Union's expense.

All members of the Committee shall be employees who are members of the bargaining unit who have completed their probationary period.

The Employer agrees to pay one hundred percent (1 00%) of the cost of a meeting room for all negotiations. The Employer will provide a meeting room for all negotiations at a location provided by the Company.

6.04 The Bargaining Unit members shall have the right to have the assistance of the Union Representative of the United Food & Commercial Workers Union Canada, Local 175, when dealing or negotiating with the Employer. Such Union Representative shall have access to the Employer's premises in order to service the bargaining unit and to investigate and assist in the settlement of grievances.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 It is the mutual desire of the Parties hereto that any complaints or grievances arising between the Parties with respect to the application, interpretation or alleged violation of this Agreement, the Human Rights Code and the Occupational Health and Safety Act, shall be dealt with in a timely manner.

7.02 It is generally understood that an employee has no complaint or grievance until they have either directly or through the Union, given their Supervisor an opportunity to adjust the complaint. The aggrieved employee must register their complaint within five (5) calendar days of the circumstances giving rise to the complaint or after the griever should have known that the incident occurred.

7.03 If, after registering the complaint with the supervisor and the complaint is not settled within three (3) calendar days or such longer period which may have been agreed to by the Parties, then the following steps shall be followed:

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Step 1:

(a) the grievance shall be submitted in writing, to the immediate supervisor, or designate, either directly or through the Union within five (5) calendar days.

(b) within five (5) calendar days of the receipt of the written grievance, the immediate supervisor and/or designate, shall hold a meeting with the grievor and the Union to discuss the grievance.

(c) the immediate supervisor, or designate, shall give a written response within five (5) calendar days of the meeting to the Steward and the Union office. A Union representative and/or an International Representative may be present at any step of the grievance procedure.

Step 2:

(a) if the complaint is not satisfactorily settled at Step 1, the grievance may be submitted in writing to one of the General Managers, or designate, within five (5) calendar days from the date of receipt of the answer given in Step 1.

(b) within seven (7) calendar days of the receipt of the grievance, the General Manager and/or designate, shall hold a meeting with the grievor, the Steward and the Union representative in an effort to resolve the grievance.

(c) within five (5) calendar days of the meeting with the grievor and their representative, the General Manager, or designate, shall render a decision in writing.

Step 3:

If the grievance is not settled at Step 2, then the grievance may be referred to arbitration in accordance with Article 9 of this Agreement. If no written request is received within forty (40) calendar days of the response in Step 2, then the grievance shall be deemed to be abandoned and the same grievance shall not be the subject of a further grievance.

7.04 The time limits in the grievance procedure may be extended in writing by the parties.

7.05 The grievance must state the violation and the relief sought and be signed by either the employee or a Union representative.

7.06 The Company, the grievor and the Union shall cooperate in the exchange of information for the purpose of adding clarification and subsequent resolution of the

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grievance.

ARTICLE 8- POLICY, GROUP AND EMPLOYER GRIEVANCES

8.01 Where a dispute within the meaning of Article 9.01 involving a question of general application or interpretation of the Collective Agreement occurs or where a group of employees or the Union or the Employer has a grievance, the aggrieved party may submit their grievance(s) at Step 2 of the grievance procedure. Such grievance must be submitted in writing within ten (1 0) calendar days after the incident giving rise to the grievance.

8.02 The Company shall have the right to file a grievance at Step 2 of the grievance procedure. In those circumstances, the grievance procedure shall apply with all necessary modifications.

8.03 The time limits in the grievance procedure may be extended, in writing, by the parties.

ARTICLE 9- ARBITRATION

9.01 Should either Party wish to refer a grievance which has been properly carried through all the steps of the Grievance Procedure and which has not been settled, to arbitration, written notice shall be made to the other Party within forty (40) calendar days of receipt of the last written disposition.

9.02 In the event of the failure of the Parties to agree upon a sole Arbitrator within ten (1 0) calendar days of receipt of the notice, either Party may request that the Minister of Labour for the Province of Ontario appoint an Arbitrator.

9.03 Each of the Parties hereto will jointly share the fees and expenses of the Arbitrator.

9.04 The decision of the Arbitrator shall be final and binding on the Company, the Union and the employee(s) affected provided however, that in no event, shall the Arbitrator have the power to change this Collective Agreement or to alter, modify or amend any of its provisions, nor to make any decision in conflict with the provisions of this Collective Agreement.

9.05 The time limits in the grievance procedure may be extended, in writing, by the Parties.

9.06 At any stage of the grievance, including Arbitration, the Parties may have the assistance of the employee(s) concerned as a witness(es) and any other necessary witnesses. All reasonable arrangements will be made to permit the Parties or the Arbitrator to have access to any part of the Company's operation to view any working conditions which may be relevant to the settlement of the

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grievance( s).

9.07 The Parties agree that the arbitration procedure outlined above does not preclude either Party from utilizing the expedited arbitration procedure set out in the Labour Relations Act.

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

9.09 Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without having notified the other party of its final position on any given grievance in writing.

Should either party serve such notice on the other party, the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

ARTICLE 10 - DISCHARGE

10.01 The Parties agree that the Company shall have the right to release a probationary employee without notice whom the Company believes to be unsuitable because of conduct, quality of work, attendance or any other work related reasons. A probationary employee shall not have the right to grieve his or her termination.

10.02 Where an employee feels they have been unjustly suspended or discharged, the employee may file a grievance at Step 2 of the grievance procedure within ten (1 0) working days of the discharge or suspension.

1 0.03 It is agreed that the Stewards and the Union representative will be notified immediately of the suspension or discharge of an employee in the bargaining unit.

10.04 Where an employee receives a written warning and receives no further written discipline for a period of twelve (12) clear months from the date of the warning, or the warning is withdrawn by the grievance or arbitration procedure, such warning shall not be used in the determination of any subsequent discipline.

10.05 (a)

(b)

Where an employee is subject to any disciplinary action, one of the General Managers shall arrange to have a Steward present at the meeting.

In the event that a Steward is not available, the matter will be brought to the

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attention of the employee. The discipline will then be postponed until the Steward is available.

(c) If any discipline is given without a Steward, it will be considered null and void.

ARTICLE 11 -PROBATIONARY PERIOD AND SENIORITY

11.01 The seniority of each employee covered by this Agreement shall be established after the completion of her probationary period and shall then count from the date of last hire.

11.02 The probationary period shall be ninety (90) calendar days.

11.03 During the ninety (90) calendar day probationary period, it is understood that the layoff, termination or employment of a probationary employee may not be made the subject matter of a grievance, unless the Employer acts in bad faith or in a discriminatory manner.

11.04 The term "seniority" as used in this Collective Agreement shall mean the length of employment with the Employer in the bargaining unit, computed from the most recent date of hire with the Company for a position within the bargaining unit.

ARTICLE 12 - LOSS OF SENIORITY

12.01 An employee shall lose all seniority and her employment shall be deemed to be terminated if the employee:

(a) resigns, retires in writing or is discharged and the discharge is not reversed through the grievance or arbitration procedure;

(b) is absent from work due to layoff for a continuous period for more than eighteen (18) months;

(c) fails to return to work after layoff within seven (7) calendar days after being requested to do so by the Company by registered mail sent to the last address recorded by the employee and appearing on the records. This time limit may be extended by the Company for justifiable reasons;

(d) overstays a leave of absence without the prior permission of the Company or without a justifiable reason as determined by the Company;

(e) uses the leave of absence for reasons that are not consistent with the initial request for leave without the approval of the Company or providing untrue reasons for the request for leave;

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(f) if an employee is absent from the Company for more than three (3) consecutive work days without notifying the Company or without a justified reason or has not obtained a prior leave of absence.

ARTICLE 13 - LAYOFF AND RECALL

13.01 In the event of a layoff of a permanent or long term nature, the Company will notify the Union and will provide the affected employees with notice in accordance with the Employment Standards Act, 2000.

13.02 Layoff Procedure

In the event of a layoff, the Company shall lay off employees in the reverse order of their seniority within their classification, provided that there remain on the job employees who have the relevant skill, ability and qualifications to perform the work.

An employee who is subject to layoff shall have the right to either:

(a) accept the layoff; or

(b) displace an employee who has lesser bargaining unit seniority and who is the least senior employee in a lower or identical paying classification in the bargaining unit if the employee originally subject to layoff has performed the duties of the lower or identical paying classification and can resume the position without training, other than familiarization. Such employee so displaced shall be laid off.

13.03 The decision of the employee to choose (a) or (b) above shall be given in writing to the General Manager within one (1) calendar week following the notification of layoff. Employees failing to do so will be deemed to have accepted the layoff.

13.04 Recall Rights

An employee shall have opportunity for recall from layoff to an available position, to their same classification or to a job which they can resume without training other than familiarization, in order of seniority, before such opening is filled on a regular basis under the Job Posting Procedure. The Posting Procedure in the Collective Agreement shall not apply until the recall process has been completed.

13.05 No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provisions, or have been found unable to perform the work available.

13.06 It is the sole responsibility of the employee who has been laid off to notify the

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Company of their intention to return to work within seven (7) calendar days after being notified to do so by registered mail, addressed to the last address on record with the Company (which notification shall be deemed to have been received on the third day after mailing) and return to work within seven (7) days after being notified. The notification shall state the job to which the employee shall report for work. The employee is solely responsible for their proper address being on record with the Company.

13.07 A laid off employee shall retain the rights of recall for a period of eighteen (18) months.

ARTICLE 14 - SENIORITY LISTS

14.01 The Company shall supply the Union with seniority lists within thirty (30) days of ratification and in January and July of each year, showing employees' names alphabetically, their classification and their seniority starting date.

14.02 The Company shall, in January of each year, post a copy of the revised seniority lists. If an employee does not challenge the Company's seniority standing as indicated on the seniority list within thirty (30) days form the date the seniority list is posted, then the employee shall be deemed to have the proper seniority standing. The Company shall make a correction to the seniority list, when applicable, within seven (7) days of the date an employee notifies the Company that the seniority standing as indicated on the list is incorrect.

ARTICLE 15 -JOB POSTING/TRANSFERS

15.01 All vacancies and new positions will be posted bargaining unit wide on Company bulletin boards for a period of seven (7) calendar days. Job postings will identify the classification, as well as the number of jobs required. The Company need not consider any applicant to a posting who has, within the prior twelve (12) month period successfully applied for a vacancy (other than a temporary vacancy).

15.02 An employee will not have the right to be considered for a transfer unless they have completed six (6) consecutive months of continuous service in the position from which they desire to be transferred from, except where there has been a mutual arrangement between the parties.

15.03 If an employee, at their own request or to avoid being laid off, is transferred to another classification, the employee shall immediately be paid the appropriate rate for the classification to which the employee is transferred.

15.04 In the event new jobs are created or vacancies occur in the existing job classifications, they will be handled in the following manner:

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(a) the Employer shall post on the bulletin board all vacancies and new jobs created. They shall remain posted for a period of seven (7) calendar days. Such notice shall include the name of the position, minimum qualifications required, wage range, regular hours of work.

(b) employees interested in being considered for such a vacancy or new position shall sign a job posting notice to be posted by the Employer.

(c) when the applicants are internal and no interviews are required, the decision will be made within ten (1 0) working days from the time that the posting expires. If the Company's schedule will not allow decision to be made within the above time frame, the Company will advise the Union, and the Company will have a further ten (1 0) working days in order to make the decision.

(d) where a job vacancy occurs and is to be filled, applicants from within the bargaining unit shall be given first consideration for the position. Where there are no qualified applicants from within the bargaining unit, the Company will consider applications from persons employed outside the bargaining unit. Each applicant will be informed in writing of the outcome of the Job Posting within five (5) working days of the final decision having been made.

15.05 Seniority Factors

When more than one employee is being considered for a transfer, job vacancy or promotion (other than promotions to position outside the bargaining unit), the following factors shall govern:

(a) the current skill, ability, and qualifications to do the work of a job available; and

(b) seniority.

If the factors in (a) are relatively equal among applicants, (b) shall determine the successful applicant.

15.06 The employee selected to fill the vacancy will be on trial for thirty (30) days in that new position. Such an employee will be able to return to their former position within thirty (30) days if either:

(a) the employee feels that they are not suitable for the position and wishes to return to their former position; or

(b) the Company feels that the employee is not suitable for the position and requires that they return to their former position.

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15.07 Nothing herein shall prevent the Company from temporarily filling the vacant jobs during the recruitment period, for up to a period of sixty (60) days. The Parties may mutually agree to such longer period as is necessary.

ARTICLE 16- LEAVES OF ABSENCE

16.01 Leaves of absence will be granted in accordance with the Employment Standards Act, 2000.

16.02 The Company may grant an employee a leave of absence without pay for up to two (2) months for personal reasons. The employee must make the request in writing at least four (4) weeks in advance, stating the reason for the leave. The Company will reply in writing within fourteen (14) calendar days. Authorization for such leave will not be unreasonably withheld. Subject to operational requirements, no more than one (1) employee may be granted such leave at one time.

16.03 Bereavement Leave

In the event of a death of an employee's spouse (including common law), child, parent, brother, sister, grandparent, grandchildren, or spouse's parents, the Company, at the request of the employee, will grant a leave of absence without loss of pay for a period of up to four (4) working days during the period immediately following the date of notification to the employee of the death of such family member, for the purposes of making the funeral arrangements and attending the funeral.

In the event of the death of an employee's son in law, daughter in law, brother in law, sister in law, current stepparent, current stepchildren or current step-sibling, the Company, at the request of the employee will grant a leave of absence without loss of pay for two (2) working day immediately following the date of notification to the employee of the death of such family member.

16.04 It is understood that a bereaved employee may request additional time off, up to ten (1 0) days, without pay, for the purposes of travel and other matters related to the estate of the deceased. The Employee requesting this additional time shall notify Management.

16.05 Proof of death, and relationship may be required at the Company's sole discretion.

16.06 Union Leave

Subject to scheduling and other operational requirements, a leave of absence without pay shall be granted to an employee selected to attend Union conferences and other similar functions. Such leave shall not exceed five (5) working days unless otherwise mutually agreed in writing. Leaves of absence for such

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attendance shall not exceed a bargaining unit cumulative total of twelve (12) working days in any contract year.

16.07 The Union shall provide the Company as much advance notice as possible and not less than thirty (30) days advance notice prior to the proposed commencement of the leave. The Company will respond to the leave request within fifteen (15) days.

16.08 Employees are entitled to take up to ten (1 0) days of unpaid emergency leave in accordance with the Emergency Leave provisions of the Employment Standards Act, 2000.

ARTICLE 17- HOURS OF WORK

17.01 The Parties acknowledge and agree that this Agreement shall not be interpreted as a guarantee of hours per day or per week or days of work per week. The Employer shall guarantee the two (2) most senior employees at each property forty (40) hours per week.

17.02 Employees will be scheduled for work in accordance with the operational requirements of the Company; however, senior employees may indicate their preference of shifts (days, afternoons or evenings) to be scheduled in accordance with their seniority and shift preference. Employees who wish to change their shift preference must provide three (3) months' notice to the Employer before such change is to take effect, in order to allow the Employer sufficient time to find qualified coverage. Employees agree to cooperate with the Employer in order to cover absences of other employees. Employees who have attained one (1) year of service shall be scheduled a minimum of one (1) weekend (Friday and Saturday or Saturday and Sunday) off each month, upon request.

17.03 The Company agrees to post work schedules for a one (1) week period, showing employees hours of work commencing each Monday morning, by 12 p.m. on each Friday preceding the two (2) week pay period. Once the schedule is posted, there will be no changes except in extenuating circumstances or with mutual agreement between the Employer and employee involved. Where extenuating circumstances arise necessitating a change in the schedule, the Employer shall provide a minimum of eight (8) hours' notice to the affected employee.

17.04 The posted work schedule will indicate the work hours to be assigned to employees tor the following work week.

17.05 The work schedule will also indicate which employees will be provided with available on-call shifts for the following work week.

17.06 In selecting employees tor work hours, the Company will schedule employees'

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work within the employee's classification on the basis of seniority, up to a maximum of forty (40) hours per employee. The Company will make reasonable efforts to schedule employees for eight (8) hour (excluding Y2 hour unpaid lunch break) shifts per workday.

17.07 In selecting employees for on-call shifts, the Company will assign on-call shifts on the basis of seniority, starting with the employee with the most seniority within the classification who has been assigned less than forty (40) work hours for the following work week. That employee will be assigned any available on-call shifts for the following work week up to a combined maximum of forty (40) hours of scheduled work hours and on-call hours.

17.08 Employees scheduled for on-call shifts will be required to be available for their on­call shifts and may be notified of the requirement to work all or part of the on-call shift at any time prior to or during the on-call shift.

17.09 The Parties also acknowledge and agree that the Employer will not be required to provide employees any wages in respect of on-call shifts for the periods of those shifts for which the employee is not required to work.

17.10 Where an employee is called in to work including an on-call shift, the employee shall be provided with a minimum of four (4) hours of work or four (4) hours of pay.

17.11 Any message left at the residence of an employee regarding work requirements for the following day will be deemed sufficient notification of the requirement to attend at work the following day for a call in shift.

17.12 Meal Breaks

A meal period without pay for employees working a day shift of five (5) hours or more shall be thirty (30) minutes in duration. The Company agrees that where an employee does not get an uninterrupted meal period due to operational requirements, such employee shall be paid for the meal period.

17.13 Rest Breaks

An employee working a shift of eight (8) hours or more shall receive two (2) uninterrupted fifteen (15) minute rest breaks with pay, one to be provided before the scheduled meal break and one to be provided after the scheduled meal break. Breaks will be scheduled in a manner to not disrupt the business. It is understood that due to the nature of the business, employees may not leave the front desk unattended.

17.14 The Parties acknowledge and agree, that paid breaks and unpaid meal periods shall be arranged and authorized by the Company.

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ARTICLE 18 - OVERTIME

18.01 Hours worked in excess of an employees' regularly scheduled workday and/or normal work week shall be authorized and approved in advance by one of the General Managers, or his designate. Overtime will be offered by seniority.

18.02 Hours worked in excess of forty-two (42) hours in a week or eight (8) hours per day shall be compensated at one and one half (1 Y2x) times the employee's straight hourly rate. Notwithstanding the above, where an employee is offered and accepts additional hours over eight (8) in a day in order to maximize their hours up to forty­two (42) in a week, such hours would not attract over-time premium.

Where an employee has requested time off and is subsequently offered and accepts an opportunity to "make-up" those lost hours, such "make-up" hours would not attract premium pay except as required by law.

18.03 It is understood that there will be no duplication of premiums and no pyramiding of overtime. For greater clarification, it is expressly understood that only time worked shall be included for the purposes of calculating overtime as set out in Article 18.

ARTICLE 19 - GENERAL

19.01 As at the date of certification, the existing custom and practices, rights and privileges, benefits and working conditions which employees enjoy, receive or possess, shall continue insofar as they are consistent with this Collective Agreement, unless modified by mutual agreement of the Company and Union.

19.02 Uniforms

The Company agrees to provide a Blazer and a shirt for every employee who completes six months of employment if the current one that they are wearing is not acceptable. However, if a blazer is purchased, when they quit, they must return the Blazer. Employees will be required to wear a Blazer, khaki dress pants and a white dress shirt while at work, dress shoes and a tie.

19.03 Notice Boards

The Company agrees to provide a notice board in a place accessible to all workers on which all official notices of the Company and the Union may be posted.

19.04 Lockers & Lunchroom

The Company shall supply personal lockers for each employee and a lunchroom.

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19.05 Reproducing the Agreement

The Company and the Union will share equally in any cost of the printing of the Collective Agreements. The Company will only pay up to a maximum of fifty dollars ($50.00) towards the printing of the Collective Agreement.

19.06 UFCW Training & Education Fund

The Employer agrees to make a $150.00 contribution to the UFCW Training & Education Fund on December 21, 2017.

ARTICLE 20- VACATION

20.01 Vacation time and vacation pay entitlements will be as follows:

(a) an employee who has more than one (1) year of seniority in a given year will be entitled to two (2) weeks' vacation with pay to be computed at the rate of four percent (4%) of the employee's T4 earnings for the previous year.

(b) an employee who has more than four (4) years of seniority in a given year will be entitled to three (3) weeks' vacation with pay to be computed at the rate of six percent (6%) of the employee's T4 earnings for the previous year.

(c) an employee who has more than ten (1 0) years of seniority in a given year will be entitled to four (4) weeks' vacation with pay to be computed at the rate of eight percent (8%) of the employee's T4 earnings for the previous year.

20.02 No employee is entitled to take vacation until they have worked at least nine (9) months.

20.03 Vacation time can be taken in one (1) day increments with vacation pay. Management will not unreasonably withhold a request for a vacation day.

20.04 Vacation Scheduling

(a) The vacation year shall be January 1 through December 31. During the period April 1 to May 1, all employees will inform the Company of their vacation requests. The Company will post the approved vacation schedule no later than May 31 .

(b) When two (2) or more vacation requests are received by the Company, which overlap in some way, seniority will prevail in determining which request is approved. Provided operational requirements can be met, more

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than one employee may be allowed vacation at the same time.

20.05 Vacation Pay

The Company will pay accrued vacation pay at the discretion of the employee as either:

(a) A lump sum in the P 1 pay period in July or at the time the employee takes vacation as the employee elects, or

(b) Included in the employee's weekly/bi-weekly pay.

An employee must make such election on or about January 1st of each year, which may not be changed until the following calendar year.

Any outstanding vacation pay at the end of the vacation year shall be paid out to the respective employee.

ARTICLE 21 -PAID HOLIDAYS

21.01 The following will be recognized as paid holidays for employees:

New Years Day Civic Holiday Labour Day Good Friday Victoria Day Christmas Day Family Day** (**3rct Monday in February)

Boxing Day Thanksgiving Day Canada Day

The Employer will provide employees who have completed six (6) months of employment with one (1) additional paid holiday per calendar year, to be taken on the employee's birthday.

21.02 All non-probationary full-time employees who normally work forty (40) hours per week, shall be paid for eight (8) hours at their regular hourly rate of pay.

21.03 The Employer agrees that one (1) senior employee shall have the option to work on any of the paid holidays before junior employees, provided they notify the Employer in writing two (2) weeks prior to the holiday. Employees may only exercise this option within their own classification.

All employees normally working twenty-four (24) hours or less per week shall receive payment for the holidays set out in Article 21.01, based on the total wages earned, including vacation pay, in the preceding twenty-eight (28) days (before the holiday) divided by twenty (20).

21.04 An employee shall qualify for public holiday entitlement unless he/she:

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21.05 (a)

(b)

fails without reasonable cause to work all of his/her last scheduled day of work before the public holiday or all of his/her first scheduled day of work after the public holiday; or

fails without reasonable cause to work their entire shift on the public holiday, if they agreed to or were required to work that day.

All employees required to work on the paid holidays set out in Article 21.01 shall receive compensation at the rate of time and one half (1 Y2) their regular rate of pay, in addition to their holiday pay.

If the shift worked is a shift scheduled for the statutory holiday and the majority of the hours worked fall on the statutory holiday, the entire shift shall be paid at one and one half (1 Y2) times the employee's regular rate of pay, in addition to their holiday pay.

ARTICLE 22- WAGES

22.01 The wage scales and classification shown in Schedule "A" attached to and forming part of this Agreement shall be effective as shown during the term of this Agreement.

22.02 It is agreed that if any new bargaining unit job classification is established during the life of this Agreement, which are not covered by the schedule of wages not in effect, the rate of such new classification will be determined by the Company and the Union.

22.03 The increase in wages at each step of the wage scale is based on seniority only.

22.04 Wages shall be paid on Tuesday on a bi-weekly basis.

22.05 The Employer will provide bi-weekly statements showing earnings and deductions for the pay period in addition to accumulated vacation pay. Such statements shall be provided in hard copy.

ARTICLE 23- WORKER'S COMPENSATION

23.01 The Company agrees to abide by the Workplace Safety and Insurance Act, 1997 of Ontario as amended.

ARTICLE 24- HEALTH AND SAFETY

24.01 The Company and the Union agree to cooperate in the observation of all reasonable safety rules and practices in accordance with the Occupational Health and Safety Act of Ontario as amended.

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24.02 The Company shall provide first aid provisions in accordance with the Workplace Safety and Insurance Act, 1997 of Ontario as amended.

24.03 Roles and Responsibilities

The Employer has the primary responsibility for ensuring that safe conditions prevail within the workplace, to take appropriate and effective measures, both preventative and corrective, to protect the health and safety of employees.

Without limiting the generality of the foregoing, the Employer shall;

1. provide and maintain workplace, equipment, work methods and tools that are safe and without risk to health;

2. inform its employees and the Local Union of any situation relating to their work which may endanger their health & safety, as soon as it learns of the said situation;

3. inform employees adequately regarding the risks relating to their work, and provide appropriate training and supervision so that employees have the skill and knowledge necessary to safely perform the work assigned to them;

4. provide the equipment, clothing and devises deemed necessary to prevent injury, except where the collective agreement provides allowance to cover the cost of personal protective equipment, and ensure that employees use the said equipment, clothing and devises on the job;

5. ensure the necessary investigations, inspections and analyses are carried out and co-operate with the health and safety committee established in accordance with this article, when there are situations likely to endanger the health and safety of the employees;

6. take, without delay, all measures necessary to prevent or correct situations likely to endanger the health and safety of employees, or likely to compromise the environment, as soon as this situation is brought to its attention.

Joint Health and Safety Committee

The Health & Safety Committee shall consist of one (1) employee representatives, designated by the Local Union and subject to replacement under such circumstances and conditions as the Local Union may determine, and one (1) management representatives designated by the company and subject to replacement under such circumstances and conditions as the Company may determine.

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The Joint Health and Safety Committee shall hold meetings as often as necessary, as determined by the co-chairs, but not less than once a month at a scheduled time and place.

The Company shall furnish the Committee with copies of all test results pertaining to Health & Safety.

Training of Committee

All committee members representing workers, shall be trained as Certified Members, by the Worker Health and Safety Centre delivery organization, which will be paid for by the employer.

Inspections

The Health and Safety Committee shall conduct a monthly inspection of the physical condition of the workplace to identify situations that may be a source of danger or a hazard.

Critical Injuries

The members of a committee who represent workers shall be entitled to investigate cases where a worker has been killed or critically injured in accordance with section 9(31) of the Occupational Health and Safety Act RSO 1990.

Ergonomics

The Ergonomics program shall include a sub-committee of the Joint Health & Safety Committee. The Ergonomic Committee shall include (#) of members, designated by the Local Union and subject to replacement under such circumstances and conditions as the Local Union may determine.

Compensation for Workers affected by a Stoppage of Work;

Any worker affected by a stoppage of work under this agreement, whether because of the actions of a Certified Member, an Inspector, or a refusal to perform unsafe work, will be paid at his/her applicable hourly rate plus any premiums for the duration of the work stoppage.

Hazardous Substances

The employer agrees that no new substance, material, agent, or chemical shall be introduced into the workplace environment without a complete review by, and approval of, the Joint Health & Safety Committee, of its ingredients, properties and intended use.

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Injured Worker

An employee who is injured at work and requires medical attention, and who on the advice of a doctor, is unable to return to work shall be paid for the balance of his/her scheduled hours, at regular or premium rate, for the day upon which the injury occurred.

ARTICLE 25- HEALTH AND WELFARE

25.01 The Company will make full benefit premium payments on behalf of the bargaining unit members, not including family, in respect of MOM Insurance Services Inc., (Policy #1011-417A) and dental coverage for all employees with nine (9) months of continuous service with the Company. For clarity, employees shall have the above benefit coverage upon completion of nine (9) months of continuous service.

Extended Health

Deductible- nil

Reimbursement Percentage - eighty percent (80%) on eligible drugs and other expenses, one hundred percent (1 00%) on semi-private hospital, ambulance, and out of province/country expenses.

Covered Expenses - a summary of these benefits follows. They include semi­private hospital, paramedical services, ambulance, private duty nursing and prescription drugs.

Overall Maximum- no overall maximum but some coverages have an annual or lifetime maximum.

Out of Province/Country- emergency due to accident or sickness. Full travel plan, including voyage assistance services. Lifetime maximum of $1 ,000.000.

Dental

Deductible- nil

Reimbursement percentage - eighty percent (80%) basic, payments based on current year provincial dental fee guide.

Basic Dental- seven hundred and fifty dollars ($750.00)/person.

Enhanced Dental - fifty percent (50%) coverage up to five hundred dollars ($500.00) per calendar year.

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Covered Expenses - basic: checkups once every six (6) months; complete oral exams once every two (2) years; pit and fissure sealants; prophylaxis, topical fluoride application once each in any six (6) month period; full mouth and panoramic x-rays every two (2) years; space maintainers (except for orthodontic purposes); basic restorative, endodontic and periodontic services; oral surgery; repairs, re-basing and re-lining existing dentures.

Summary of Extended Health Benefits

• Pay direct drug card.

• Prescription drugs up to ten thousand dollars ($1 0,000.00) per calendar year. The Plan will pay up to five dollars ($5.00) towards the dispensing fee. Coverage is limited to any amounts an employee is required to pay at his/her deductible under the Provincial health plan.

• Ambulance services.

• Semi-private hospital room - one hundred seventy-five dollars ($175.00) per day maximum for thirty (30) days.

• Nursing care as per the enhanced Plan by Clarica.

• Paramedical services have an individual limit of four hundred dollars ($400) per person per calendar year. Chiropractors, podiatrists and chiropodists, naturopaths, homeopaths, osteopaths, acupuncturists, physiotherapists, psychologists, massage therapists and speech therapists are covered for twenty dollars ($20.00) maximum per visit for each practitioner, up to four hundred dollars ($400.00) per year.

• Hearing aids up to four hundred dollars ($400)/person/sixty (60) months.

• Vision Care Plan - one hundred dollars ($1 00.00) every two (2) years for glasses or contacts.

• Eye exams up to fifty dollars ($50)/adult/twenty-four (24) months and fifty dollars ($50)/child/twelve (12) months.

• Medical equipment including CPAP, APAP, braces, and other miscellaneous equipment of medical necessity can be submitted to ACBP for approval. Submission must include a doctor's letter including onset, diagnosis and prognosis and an estimate. All submissions are at the discretion of ACBP and the insurers medical consultant. The maximum payout for this benefit is five hundred dollars ($500) per person per year.

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• Diabetic, colostomy and ileostomy supplies.

• Wheelchairs, respirators, oxygen and hospital beds. Approval from underwriters required.

• Add physiotherapy coverage- four hundred dollars ($400)/person/calendar year.

• Custom made Orthotics up to one hundred fifty dollars ($150)/person/calendar year.

• Orthopedic shoes up to one hundred fifty dollars ($150)/person/calendar year.

• Wigs and hair pieces up to one hundred dollars ($1 00.00) per year.

• Out of Province/Country Coverage

)o> charges such as hospital, physician, drugs for emergency medical treatment while traveling abroad.

)o> covers trips up to thirty (30) days for insured under age seventy (70).

)o> emergency medical assistance: twenty-four (24) hours emergency help line, telephone interpretation and assistance finding medical facilities abroad, emergency medical payments where required.

• This plan has no overall maximum, but certain benefits have annual or lifetime maximums.

Summary of Dental Benefits

Basic Services Include:

• Recall exams (checkups), including standard x-ray - once every six (6) months.

• Complete exams (dental history)- once every twenty-four (24) months.

• Tests, lab exams, treatment planning.

• Fluoride treatments- once every six (6) months.

• Scaling and polishing- one (1) unit once every six (6) months.

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• Full mouth x-ray series and panoramic film every twenty-four (24) months.

• Consultations, pit and fissure sealants.

• Space maintainers for children (except for orthodontic purposes).

• Fillings (non-bonded, composite, acrylic and silicate).

• Extractions of impacted teeth and simple extractions.

• Oral surgery and general anesthesia.

• Re-lining and re-basing of dentures.

• Repairs to dentures/fixed bridgework.

• Endodontics - treatment of disease of the pulp chamber and canals of the teeth (root canals, pulpectomy).

• Periodontics - treatment of the gums and bones supporting teeth (major scaling, periodontic surgery and appliances).

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ARTICLE 26- DURATION

26.01 This agreement shall be in effect from December 21, 2017 to December 20, 2020 and shall continue automatically thereafter during annual periods of one (1) year each unless either party notifies the other in writing, within ninety (90) days prior to the expiration date, that they desire to amend this Agreement.

26.02 In the event of notification being given as to the amendment of the Agreement, negotiations between the Parties shall begin within forty-five (45) days following such notification, unless mutually agreed otherwise.

26.03 If, pursuant to such negotiations, an agreement on the renewal or amendment of this Agreement is not reached prior to the current expiration date, the terms of this Agreement shall remain in effect until the Parties reach an agreement or until the exhaustion of the provisions of the Labour Relations Act, as amended.

26.04 The Parties agree to sign the Collective Agreement within thirty (30) days of ratification by the Union.

'~~~ IN WITNESS WHEREOF, the parties hereto executed this Agreement this~ day of

/tp~ L-- '2018.

FOR THE UNION

~~ :?

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SCHEDULE "A"

WAGE SCHEDULE

CLASSIFICATIONS

Length of Service Front Desk Customer Service Representative

December 21, 2016 January 1, 2018

Start $11.50 Minimum Wage

After Three (3) Months $12.61 Minimum Wage+ 20¢

After Twelve (12) Months $13.66 Minimum Wage+ 45¢

Employees would be placed on the wage grid above in accordance with their length of service with the Company as at December 21, 2017.

Wage Notes:

1. Students enrolled in high school or post-secondary institutions shall be paid 50¢ less than the applicable wage grid rate while so enrolled in school. This clause applies to students hired after August 20, 2015.

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