collective agreement between - ontario...shift supervisors, banquet captain, executive sous chef,...

COLLECTIVE AGREEMENT

BETWEEN:

Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and 1788731 Ontario Inc. (c.o.b. Milestones)

Hereafter referred to as "The Employer''

AND

United Food Workers and Commercial Workers Union- Local102

Hereafter referred as the "The Union"

ARTICLE 1 ....: PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain mutually satisfactory working conditions, hours and wages, all as set out herein, and to provide the applicable procedure for settling grievances which may arise hereunder, so as to maintain harmonious relations between the Employer and employees covered by this Agreement and to assist the Employer in the most efficient operation of its business.

1.02 It is understood that any changes in municipal, provincial or federal law applicable to the Employer, and which may void any individual portions of this Agreement will be complied with, yet will not be construed to void the remainder of the Agreement.

ARTICLE 2- RECOGNITION AND SCOPE

2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Employer at 6755 Fallsview Boulevard, Niagara Falls, save and except supervisors, persons above the rank of supervisor, accounting staff, executive assistants to the Chief Financial Officer and the three Chief Operating Officers, executive assistant to the General Manager, sales persons, catering and security.

2

For the purpose of clarity, the term "supervisor" includes those employees in the classifications of: chief night auditor, head concierge, regular department shift supervisors, banquet captain, executive sous chef, sous chef, assistant outlet manager/supervisor, head receiver and chief engineer, pastry chef, assistant pastry chef, chief steward.

With respect to the parking lot adjoining the hotel, this agreement shall also include any other future restaurant, hotel extension or other related business which the Employer may build and operate.

2.02 The Union acknowledges that there has been a change in property name as of August 23, 2010 as a result of new property ownership. The property name has been changed to Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and 1788731 Ontario Inc. (c.o.b. Milestones) to reflect to the new ownership.

2.03 For the purposes of this Agreement:

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

(b) "part-time employee" means a part-time employee employed in the bargaining unit described in Article 2.01 who normally works twentyfour (24) hours per week or less;

(c) "Leadhand" is an employee who does bargaining unit work and also gives direction to employees but does not hire, fire or discipline.

2.04 This agreement shall not apply to co-op students. There shall be no more. than four (4) co-op students at any one time without the consent of the Union. A bargaining unit employee will not be sent home, without his/her permission, to allow a co-op student to do their work.

2.05 Any changes or amendments to this Agreement during its term shall be incorporated only with mutual agreement between the Employer and the Union,

2.06 Terms importing the singular shall be deemed to include the plural unless the context requires otherwise.

3

2.07 The employer and the union stewards agree to meet on four (4) occasions during the year subject to the following:

(a) The purpose of these meetings will be to discuss matters of general interest and not to deal with specific grievances.

(b) The meeting time will be subject to mutual agreement between the parties.

(c) A proposed agenda of items of concern to the union and items of concern to management will be prepared by each of the respective parties and delivered to the opposite party three (3) days prior to the meeting where possible.

(d) No matter shall be discussed at the meeting that is not on either of the agendas without the consent of the other party.

(e) In order to encourage free and open discussion of issues, it is agreed that the discussions that occur at such meetings shall be considered to be without prejudice.

(f) The meeting shall be conducted in an organized civil manner. Swearing or vulgar language or shouting shall be cause to end the meeting.

2.08 Should the Employer permanently close a department, the Employer will undertake to place the affected employee into another department or food and beverage outlet, if a position is available and the employee has the skill ability to do the work involved. Where skill and ability are equal then seniority will be the governing factor and the employee shall retain their house seniority, while being required to accumulate their departmental seniority in their new occupation.

Should no suitable position be available then the affected employee shall have the following options.

(a) The employee may elect to stay on the seniority list for a period equivalent to the length of their continuous service with the hotel but shall not exceed forty (40) weeks and subject to recall for suitable employment as noted above; or

(b) The affected employee may elect to accept severance pay in accordance with the Employment Standards Act for the Province of Ontario and be removed from the seniority list.

4

Either of the above two (2) options must be selected by the employee within a fourteen (14) day period from the closure date in writing or by application to the Human Resources department.

Failure on the part of the employee to select either a) or b), it will be assumed by the parties to this Agreement, that the Employer has the right to apply paragraph b) and there will be no recourse from this selection. In addition, the Employer will pay the employee the monies provided for under the Employment Standards Act for the Province of Ontario in accordance with the "in lieu of notice provision."

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that the employer shall continue to reserve all rights, powers and authority to manage the Hotel and to direct the work force.

3.02 Except as and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Employer and remain exclusively within the rights. of the Employer. Without limiting the generality of the foregoing, these management rights include the following rights:

(a) . To maintain order, discipline and efficiency in connection with the Employer's operations;

(b) To make, alter and enforce from time to time, rules and regulations, policies and practices to be observed by its employees;

(c) To hire, layoff and recall, classify, direct, transfer, promote, demote, retire and to discharge, suspend or discipline employees for just cause, subject to the right of an employee to lodge a grievance in the manner and to the extent as provided herein;

(d) Generally to manage the enterprise in which the Employer is engaged, and without restricting the generality of the foregoing, to plan, direct and control operations, to direct the work forces, to determine the number of personnel required from time to time, to

determine the number and location of facilities, to determine the quality of services provided, methods and procedures to be employed, schedules of work, standards of performance, and to determine the extension, limitation, curtailment and cessation of the Employer's operation.

5

(e) To determine the hours of work, work assignments, and methods of doing work.

(f) To determine where, in what manner, at what time and under what conditions employees in the bargaining unit perform their duties.

3.03 All matters concerning the operation of the employer's business not specifically dealt with herein shall be reserved to the Employer and be its sole responsibility.

3.04 It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the specific terms of this Agreement. It being understood and agreed that any violations shall be subject to the Grievance Procedure as set out in Articles 8, 9 and 10.

ARTICLE 4- RELATIONSHIP

4.01 The Employer and the Union agree that there will be no discrimination, interference, restraint or coercion exercised or practiced by the Employer or the Union, or by any of their representatives, with respect to membership or non-membership in the Union. 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.

4.02 The Employer and the Union agree to observe the provisions of the Ontario Human Rights Code.

ARTICLE 5- CHECK-OFF OF UNION DUES

5.01 During the lifetime of this Agreement, the Employer shall take from the pay of all employees covered by this Agreement, a fixed dollar amount on each pay period as may be uniformly assessed by the Union Constitution and Bylaws as regular bi-weekly Union dues and shall remit same on a monthly basis within seven (7) days of the final pay period for the month to the designated officer of the Union. The deductions shall be accompanied by an alphabetical check-off list which will provide each employee's name, current address, social insurance number and telephone number, provided that the telephone number is subject to consent of the individual employees, such consent to be obtained by the Union. The said sums shall be accepted by the Union as the regular monthly dues of those employees who are or shall become members of the Union and the sums so deducted from ·nonmembers of the Union shall be treated as their contribution towards the

6

expense of maintaining the Union. Any changes in dues shall be certified in writing by the Union with thirty (30) days notice of change to the Employer.

5.02 The Company shall show the yearly union dues deductions on the employee's T4 slip.

5.03 The Union agrees to indemnify and save the Employer harmless against all claims or other forms of liability that may arise out of, or by reason of, deductions made or payments made in accordance with this Article.

5.04 The Employer will not be responsible for the collection of any dues where, · because of absence from work, the employee has no earnings from which dues required may be deducted.

ARTICLE 6- REPRESENTATION

6.01 The Employer acknowledges the right of the Union to appoint or otherwise select up to 6 stewards under this agreement, plus one (1) Chief Steward. The Union shall notify in writing the names of any steward.

6.02 The Union shall keep the Company notified in writing of the names of the shop stewards and the effective date of their appointment. The Employer shall not be obliged to recognize such personnel until it has been so informed.

6.03 The Union acknowledges that stewards have their regular duties to perform as employees of the Employer and such persons will not leave their regular duties during working hours without first obtaining the permission of his or her immediate supervisor. In the investigation of an employee's grievance or complaint during working hours, the employee shall not be disturbed in the performance of his or her assigned duties unless that employee's supervisor has given that employee permission to discuss the matter with the steward.

6.04 1. The Employer agrees to recognize and deal with a Negotiating Committee which shall consist of the Union Business Agent, the chief steward and not more than nine (9) other members of the bargaining unit. There shall be not more than one (1) member from any one (1) department set out in Article 6.01.

7

2. In respect of the negotiation of the Collective Agreement commencing

March 4, 2008, the Employer shall pay the wages of the Union's Bargaining

Committee members. In respect of future Collective Agreement negotiations, the Board shall pay said wages to the date that a "no board report" is issued.

6.05 The Chief Union Steward, or designee, shall be entitled to hold an

orientation meeting with newly hired Employees for up to fifteen (15) minutes during regular working hours. The meeting shall take place at Management's

orientation meeting with Employees, without Management representatives

present. The Employer agrees to provide the Chief Steward with a list of newly hired employees as well as the time and location when the orientation

is to take place. The orientation is to be held on the Employer's premises, and the Employer shall endeavour to hold the meeting within thirty (30) days

of the date of hire, subject to the operational efficiency of the hotel.

6.06 Employees required to attend meetings with the Company when written

discipline, suspension or discharge is being imposed shall be represented by a Union Steward at such meeting. In the event a Steward is not available,

the Company will establish a time and place for the meeting to allow sufficient time for the Employee to secure Union representation.

ARTICLE 7 -STRIKES OR LOCKOUTS

7.01 The Union agrees while the Agreement is in force there will be no strike, slow-down, sit-down,. 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 the Agreement is in force.

ARTICLE 8 -GRIEVANCE PROCEDURE

8.01 It is the mutual desire of the. parties hereto that any complaint or cause for

dissatisfaction arising between an employee and the Employer with respect to the interpretation, application, administration or alleged violation of this

Agreement shall be resolved as quickly as possible.

8.02 It is understood that an employee has no complaint or grievance until they

have first given their immediate supervisor an opportunity to adjust the complaint. This complaint shall be made to the supervisor within four (4)

days after the circumstances giving rise to the complaint were known or

could reasonably have been known to the employee. The supervisor shall

8

give his or her reply to the employee within four (4) working days of the complaint being raised. The employee may bring his/her steward if he or she wishes.

"Days" for the purposes of this Article 8 and for the purposes of Articles 9 and 10 shall be defined to mean Monday to Friday exclusive of statutory holidays.

8.03 Step 1

Where an employee is not satisfied with the supervisor's reply under 8.02 the Union may submit a grievance, in writing, on the Union's normal form and have it signed by the Union steward and employee. The grievance shall set out the particulars of the grievance and the remedy sought.

This grievance must be presented to the Manager of Human Resources, or his/her designate, within five (5) working days of receiving his or her supervisor's reply.

The Manager of Human Resources shall schedule a meeting to deal with the grievance within five (5) working days of receipt of the written grievance.

This meeting may be attended by the supervisor, Manager of Human Resources, a Union Steward and a Union staff representative. The employee may also attend if requested by either party.

The Manager of Human Resources shall give his or her reply within five (5) days after this meeting.

8.04 Step 2

If the matter is not settled by. the response of Step 1, the Union official . representative shall take up the grievance with the General Manager, or his/her designate, within five (5) days after the steward receives the response from the Manager of Human Resources. The General Manager shall give his or her reply within three (3) days of the matter being presented.

9

8.05 Step 3

Failing resolution of the grievance under the foregoing procedures, any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement (including any question as to whether the matter is arbitrable), that has been properly submitted in accordance with the procedures set out in Article 8, may be submitted to arbitration as provided for under this Agreement.

8.06 A Union policy grievance or an Employer grievance may be submitted to the Employer or the Union, as the case may be, in writing, at Step 2 within ten (1 0) days from the time the circumstances upon which the grievance is based where known or should have been known, by the grievor. The meeting between the Employer and the Union shall be held within five (5) days of the presentation of the written grievance. The Employer or the Union, as the case may be, shall give its written decision within three (3) days after such meeting has been held.

If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration in accordance with Step 3 within five (5) days of the delivery of such written decision and the arbitration sections of this Agreement shall be followed.

8.07 The time limits and other procedural requirements contained in this Article 8 and Article 10 shall be deemed to be mandatory and not merely directory and therefore any failure to comply shall be deemed to be a complete waiver and abandonment of the grievance by the grievor and the Union.

8.08 The Company agrees to pay Union Stewards for time spent outside of regular working hours in connection with grievance meetings with Management. The pay shall be for the actual time spent in the meeting with a minimum of one hour.

8.09 Where practicable, grievances are to be dealt with during the normal working hours of the Grievor and the assisting Union Steward.

ARTICLE 9 - DISCHARGE AND DISCIPLINARY ACTION

9.01 a) New employees hired shall be considered probationary

10

until they have completed a period of six hundred and eighty ( 680) hours of work ( 75 days of work for a full-time employee) after which time their seniority shall date back to the day of original hiring. It is agreed that probationary employees may be discharged at the sole lawful discretion of the Company for any lawful reason satisfactory to the Company and that such action is not subject to the Grievance and Arbitration Procedures and does not constitute a difference between the parties. If it is alleged that the Company exercised its discretion unlawfully or that a probationary employee has been dismissed for an unlawful reason, the grievance shall specify what is being alleged, shall include particulars of the alleged unlawful exercise of discretion or alleged unlawful reasons and shall specify any provisions of this Agreement and statutory provisions that are alleged to have been violated by the Company.

b) A claim by a seniority employee, that he/she has been discharged or suspended without just cause, shall be the proper subject of the grievance if a written statement of such grievance is lodged at Step 2 of the grievance procedure within ten (10) days after the employee receives notice that he or she has been discharged or suspended as the case may be. The Employer shall notify the Union of the discharge of a seniority employee within three (3) days of the discharge via facsimile.

9.02 Pursuant to being discharged, an employee shall be allowed to confer with the shop steward for a reasonable length oftime (up to one-half hour) before leaving the Employer's premises, provided the employee and the steward conduct themselves in an orderly and civil manner.

9.03 No employee shall be disciplined or discharged on his/her day off. In any event, the Employer reserves the right to instigate disciplinary action should an employee engage in misconduct while on the Employer's premises on his/her day off. When a seniority employee is discharged, a Union steward shall be present during the termination meeting.

9.04 The Employer will remove all records of reprimands, and warnings after fourteen (14) months and suspensions after eighteen (18) months except those relating to serious matters such as sexual harassment and other human rights violations, and providing there are no further incidents within the fourteen (14) month and eighteen (18) month period. Upon reasonable notice, an employee may obtain a copy of the employee's discipline record.

11

9.05 An employee should be notified of discipline or conduct under investigation for discipline within five {5) days of the date of last occurrence. Factors that may allow additional time for notification are work demands, absences, days off, need for further investigation, cumulative minor infractions and such other situations in which it may be reasonable to delay in notifying the employee.

ARTICLE 10- ARBITRATION

10.01 In the event that the grievance is not settled at Step 2, the party having carriage of the grievance may request arbitration of the grievance by giving notice in writing to the-other party within ten (10) days from the delivery of the decision at Step 2, but not thereafter.

If a request for arbitration is not given within such ten (1 0) day period, the decision at Step 2 shall be final and binding upon both parties to this Agreement a,nd upon any employee involved.

When either party requests that any matter be submitted to Arbitration as herein provided, it shall make such request in writing, addressed to the other party to this Agreement and at the same time, shall propose the names of three (3) possible Arbitrators. Within ten (10) days thereafter the other party shall accept one (1) Arbitrator, or counter propose the names ofthree (3)

possible Arbitrators. If the parties are unable to agree upon an Arbitrator within a period of ten (10) days, either may then request that the Minister of Labour for the Province of Ontario appoint an impartial Arbitrator, who shall be chosen having regard to his/her qualifications in interpreting collective agreements. These provisions are subject to the rights of either party to access the expedited arbitration provisions of the Ontario. Labour Relations Act (Section 49).

10.02 The arbitrator shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee or employees affected by it.

10.03 The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not specifically covered by this Agreement.

12

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

10.05 The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned.

10.06 The parties will jointly bear the fees and expenses, if any, of the arbitrator.

ARTICLE 11- SENIORITY

11.01 Seniority is defined for the purposes of this Agreement as the length of continuous service of an employee with the Employer computed from the date that the employee commenced employment with the Employer, provided that the employee has completed the probationary period. Seniority shall apply only to the extent specifically provided for in this Agreement.

An employee shall be considered a probationary employee and shall not have any seniority rights until he or she has completed sixty (75) days of work for the Employer. The layoff or discharge of an employee during his or her probationary period shall be at the sole and absolute discretion of the Employer. Such dismissal or layoff shall not be grievable nor arbitrable.

11.02 Upon completion of the probationary period, the employee's name will be entered on the appropriate departmental seniority lists with the seniority dated from the date last hired.

The departments for seniority purposes are:

Housekeeping · Laundry Banquets The Great Room The Marriott Cafe Milestones Starbucks Kitchen Maintenance/Receiving Guest Services (/bell/pool) Front Office

13

11.03 Employees employed in any one of the departments listed in 11.02 shall only have seniority rights in that department and shall not have seniority rights in any other department.

11.04 A layoff means an interruption of work for a period of seven (7) consecutive days or more after which an employee is entitled to receive his/her R.O.E. upon request at the earliest bi-weekly payroll processing date.

In all cases of layoff or recall, the following factors shall be considered:

(a) departmental seniority; (b) qualifications, skill, ability, reliability and efficiency.

Where the factors in (b) are relatively equal, factor (a) shall govern; provided, however, that management shall not exercise its judgement in an arbitrary manner.

11.05 Job vacancies for bargaining unit positions within the departments set out in paragraph 11.02 shall be posted in accordance with the following procedures:

1. Vacancies within the bargaining unit will be posted Hotel wide for 5 days.

2. In considering applicants under this procedure, the provisions of Article 11.04 will apply with the additional provision that if factors in 11.04(b) are relatively equal, preference will be given to seniority within the department in which the vacancy exists.

3. The posting procedure shall apply to the original vacancy only and shall not apply to vacancies created by filling the original vacancy.

11.06 The successful applicant shall be on probation in the new position until he or she has completed seventy-five (75) days of work in the new position. If, the successful applicant does not meet the requirements of the new position, the successful applicant shall be transferred back to his/her previous department without loss of seniority. A successful applicant shall not be able to apply for another posting for a period offour ( 4) months.

11.07 A Union member may be promoted to a temporary non-bargaining position and during that duration must continue to pay Union dues to secure seniority ranking and privileges. After sixty (60) working days in the temporary

14

position, if the successful Applicant (Union member) does not meet the

requirement of the new position or has decided that the position was not to his/her liking, the successful Applicant shall be transferred back to his/her

previous department without loss of seniority.

In the case of a Union member being posted to a temporary non-Bargaining

position to fill a maternity/parental leave, the requirement to pay Union dues

and the time limit to decide if he/she will return to the original Union position shall be extended to up to one (1) year.

11.08 An employee shall lose all seniority and his/her employment deemed to have been terminated if he or she:

a) voluntarily leaves the employ of the Employer;

b) is discharged and is not reinstated through the grievance or arbitration procedure;

c) is laid off for a period of nine (9) months;

d) fails to return to work upon termination of an authorized leave of absence unless prior arrangements acceptable to both the employee and the Employer have been made for an extension of such leave; and have been confirmed in writing; or an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted;

e) fails to contact the Employer within five (5) calendar days after recall notice sent by registered mail;

f) is absent without leave for two (2) working days without properly calling in a valid reason for failing to do so;

g) for use of alcohol (except while in a licensed area after completion of a shift) or use of prohibited drugs on Employer property or coming to work under the influence of alcohol or a prohibited drug or theft of any amount of Employer or guest property or commission of a criminal offense on Employer property_

h) defames the Employer, an owner, or a member of management

11.09 The Employer shall maintain up-to-date departmental seniority lists showing

each employee's seniority date and his/her classification. Copies of such

lists shall be provided to the Union every six (6) months and posted in each

15

department. There shall be a separate seniority list for full-time and part-time employees.

11.10 During the course of this Agreement, if the Employer establishes 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 advise the Employer within thirty (30)

days of notification, after which a meeting will be held 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.

11.11 Up to five (5) banquet servers may request, to be placed on a "Seasonal, Wait Staff Occasional Employee" list for work in Fine Dining subject to the following:

a. Acceptance on the list shall be in accordance with seniority in descending order and be subject to the ability to do fine dining service work.

b. Banquet Department servers shall apply in writing to the Fine Dining Manager prior to May 1st of each year.

c. No senioritY will be earned other than in the Banquet Department.

d. The staffing needs of the Banquet Department shall come first in scheduling those employees.

e. The Employer shall not be responsible for payment of overtime.

ARTICLE 12- LEAVES OF ABSENCES

12.01 The Employer may, at its discretion, grant a leave of absence without pay and benefits and without loss of seniority to an employee who has a

minimum of one (1) year's seniority for personal reasons. All requests for such leave of absence shall be in writing as far in advan'ce as practical. The

Employer agrees to reply to such request in writing within seven (7) working days whenever possible. The maximum period for which such a leave shall

be granted will be six (6) months.

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. An employee who works for another employer while on a Leave of Absence

as herein provided shall be deemed to have terminated his/her employment.

16

12.02 Requests for Leave of Absence must be made in writing to the General Manager as early as possible, but no later than two (2) weeks prior to the desired date of commencement of such leave. The request must state: date of commencement, duration of Leave of Absence, and reason for requesting the Leave.

The Employer will reply in writing to the employee within seven (7) days after receipt of the request for Leave of Absence.

12.03 Any full-time seniority employee who is required to serve on a jury, shall be paid the difference between the amount paid for such service and his/her normal pay computed at his/her normal hourly rate for hours lost from work up to forty (40) hours in a week, to a maximum of twenty (20) scheduled shifts, subject to the following provisions:

I. Employees must notify the Human Resources Manager within three (3) days of receipt of notice of selection for jury notice;

2. In order to be eligible for such payments, the employee must furnish a written statement from the proper public official showing the date and time served, and the amount of pay received.

12.04 The Employer agrees to grant pregnancy and parental leave benefits under the provisions of the Employment Standards Act.

12.05 Any full-time employee who is subpoenaed by the Crown, shall be paid the difference between the amount paid for such service and his/her normal pay, computed at hisiher normal hourly rate for hours actually lost from work up . to 40 hours in a week, subject to the following provisions:

a. The employee must notify the Human Resources Manager within 3 days of receipt of crown subpoena;

b. The employee must furnish a written statement from the proper public official showing the date(s) and time served, and the amount of pay received;

c. No more than 5 shifts may be claimed by an employee in a 12 month period.

17

ARTICLE 13-COMPASSIONATE LEAVE

13.01 A full-time employee who has completed his or her probationary period shall be granted three (3) consecutive days leave of absence with pay for the purpose of attending the funeral or making other arrangements on the death of the employee's father, mother, current spouse, child, child of a spouse, brother, sister, grandfather, grandmother, father-in-law or mother-in-law, brother-in-law or sister-in-law.

"Spouse" means the legal husband or wife of the employee. Where the employee is not legally married or is legally married but wishes to designate a person other than the legal husband or wife as a spouse, then "spouse" means a person of the opposite or same sex who resides with the employee for at least 12 consecutive months and who is publicly represented as the husband or wife of the employee and who has been designated the spouse or common-law spouse of the employee in a written notice by the employee to the Employer. The Employer reserves the right to ask for the written notice to be by way of Statutory Declaration that the "spouse" as designated meets the terms of this provision.

13.02 In the event an employee cannot attend the funeral of any of the relatives described in 13.01, the Employer shall grant two (2) consecutive days leave of absence with pay in the case of the death of a spouse, brother, sister, mother, father, son or daughter and a one (1) day leave of absence with pay upon the death of any other relatives described in Article 13.01.

13.03 Payment shall be made at the employee's regular straight time hourly wage rate based on the number of normal hours of work the employee would otherwise have worked.

13.04 The Employer reserves the right to request proof of bereavement.

ARTICLE 14 -INDIVIDUAL AGREEMENT

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

18

ARTICLE 15- WAGES

15.01 The Employer agrees to pay and the Union agrees to accept during the term

of this agreement as minimums, the wage rate set out in Schedule "A"

attached hereto.

15.02 An employee who is designated by the Employer to act as a trainer shall be

paid a premium of 20 cents (20¢) per hour for all hours designated by the

Employer as training hours. This Article shall apply to gratuity positions only.

The issue of sharing of gratuities by the trainers is to be dealt with by the

Union.

15.03 There shall be a hotel-wide shift premium of 25 cents (25¢) per hour for any

shift in which the majority of scheduled hours are between 11:00 p.m. and

7:00a.m.

ARTICLE 16- HOLIDAYS

16.01 The Employer will observe the following holidays:

New Year's Day Labour Day Good Friday Day Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day Family Day Employee's Birthday

16.02 An active seniority employee shall receive his/her regular scheduled hours'

pay (to a maximum of eight (8) hours for each holiday at his/her regular rate

of pay.

"Regular scheduled hours" means the hours· worked in the preceding four (4)

weeks divided by twenty (20).

16.03 To be eligible for holiday pay, an employee must work the last scheduled

working day immediately preceding the holiday and the first scheduled

working day immediately following the holiday.

19

16.04 An otherwise eligible employee who is scheduled to work on one of the

designated holidays, but does not report for work shall forfeit his/her holiday

pay for that particular day.

16.05 When any of the holidays are observed during an employee's scheduled

vacation period, he/she shall receive holiday pay as provided in Article 16.02

if he/she is eligible for such payment under Article 16.03.

16.06 Any authorized work performed by an employee on any of the above named

holidays, shall be paid at the rate of regular time, plus one half, pay for the

holiday as provided in Article 16.02. When an employee is required to work

on any of the above holidays, the employee may be required to take another

day in lieu of the holiday within 30 calendar days of the holiday if agreed to

by the employee.

16.07 Pay for the employee's birthday however shall be straight time for time

worked rather than time plus one half.

ARTICLE 17- EMPLOYEE VACATION

17.01 Full-time active seniority employees shall be entitled to annual vacations in

accordance with the following:

a. For eligible employees who have completed one (1) year of continuous service or more, but less than five (5) years of continuous

service, two (2) weeks annual vacation with four percent (4%) of gross pay.

b. For eligible employees who have completed five (5) years of continuous service or more, but less than nine (9) years of continuous

service, three (3) weeks annual vacation with six (6%) of gross pay.

c. For eligible employees who have completed nine (9) years of continuous service or more but less than twenty (20) years of

continuous service, four (4) weeks annual vacation with eight (8%) percent of gross pay.

d. For eligible employees who have completed twenty (20) years of

continuous service or more, five (5) weeks annual vacation with ten

( 10%) percent of gross pay.

20

17.02 For the purpose of determining the vacation to which an eligible employee is entitled the calendar year shall apply.

17.03 Vacation entitlement under Article 17.01 shall be scheduled by the Employer. An eligible employee desiring to take his/her vacation at a particular time during this period should indicate his or her vacation request, in writing, to be delivered to his or her department manager. Vacation requests shall be considered in accordance with seniority providing the request is submitted by April 1st of each year. Requests may be made at this time for vacation during the first 3 months (i.e. January, February and March) of the following year. After April 15

t, vacation requests will be considered as submitted. All vacation requests will be subject to the Employer being able to maintain qualified and adequate staff in the department or area concerned.

17.04 Vacation credits shall not be carried forward from one year to the next. All vacation accrued in a year must be taken within the twelve (12) month period following the year in which the vacation time was earned.

17.05 Vacation pay is to be accrued no longer than twelve (12) months and is to be paid on the pay period immediately preceding the approved time of vacation, or on the pay period immediately following written request for vacation pay. An employee may make as many requests for payment as he/she has weeks of vacation. Reasonable notice must be given.

ARTICLE 18- HEALTH AND BENEFITS

18.01 Seniority full-time employees who meet the qualifications set out below shall receive benefits coverage under the Union sponsored Health and Welfare Plan. Details of plan coverage is to be provided to employees by the Union, and the Employer shall pay the premiums for each employee as follows:

(a) Effective on the date that this coverage begins, and continuing until March 3, 2012, $150.00 per employee per month plus applicable safes tax;

(b) In year two of the contract, $152.00 per employee per month plus applicable sales tax; and

21

(c) In year three of the contract, $155.00 per employee per month plus applicable sales tax.

NOTE: Consult Benefits Booklet for particulars

Qualifying employees are employees who have completed 26 consecutive

weeks of continuous employment, working in excess of 24 hours per week for 23 of the 26 weeks in the period.

18.02 Employees who have qualified for these benefits will continue to receive the benefits so long as their normal work week is greater than twenty-four (24) hours per week.

18.03 Benefits shall continue to the end of the month for an employee who suffers

a "temporary reduction" in hours. ("Temporary reduction" is defined as where the weekly hours do not exceed twenty-four (24) hours for more than

four (4) consecutive weeks).

18.04 Where benefit coverage has been lost due to reduced hours, such benefits

will be restored in .the month following four consecutive weeks of qualifying hours (i.e. Hours exceeding twenty-four (24) hours per week).

18.05 The Employer shall pay 100% of the premiums for the Employee Benefit Plan.

ARTICLE 19- PENSION PLAN

19.01 The Employer will contribute the sum of:

Seventeen cents (.17) per hour worked in Year One of the contract; Seventeen cents ( .17) per hour worked in Year Two of the contract; Nineteen cents (.19) per hour worked in Year Three ofthe contract;

By seniority employees who meet the qualifications set out below towards a Union sponsored pension plan known as the Ontario United Food and

Commercial Workers Union Pension Plan, administered by Benefit Plan

Administrator Limited.

19.02 Qualifying employees for the contributions listed in 19.01 are employees

with four (4) or more years of continuous service with the Company.

22

19.03 For employees who have been employed less than 4 years and have completed their probation, the Employer will contribute the following amount until they attain fours years of service :

Seven cents (.07) per hour worked in Year One of the contract; Seven cents (.07) per hour worked in Year Two of the contract; Nine cents (.09) per hour worked in Year Three of the contract;

ARTICLE 20- HOURS OF WORK AND OTHER WORKING CONDITIONS

20.01

20.02(a)

20.02(b)

20.02(c)

20.03

The normal work week for a full-time employee shall consist of forty (40) hours worked, exclusive of lunch periods, comprised of eight (8) hours worked per day in five (5) days per week. The Employer 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. The above shall not be deemed to be a guarantee of hours, and the parties acknowledge that operational needs of the Employer may result in Employees being scheduled for regular hours of more or less than 8 hours per day, or more or less than 40 hours per week. Overtime shall continue to be paid in accordance with Article 20.05 below.

The Employer shall, post shift schedules no later than Thursday by 12:00 noon for the week commencing the following Sunday. When necessary, the schedule shall be modified with as much prior notice as possible. An employee who notices a mistake in the schedule shall notify the Supervisor immediately.

A full-time employee working the afternoon or night shift shall receive a minimum of two (2) hours notice, and day-shift employees one (1) hour notice, in advance of the commencement of the scheduled shift of a cancellation. A message left on the employee's answering machine or with a person who answers the employees telephone or three (3) unsuccessful attempts to contact the employee shall constitute notice to the employee of the cancelled shift.

In the event that two (2) hours or one ( 1) hour notice of cancellation of the said scheduled shift is not given to the employee, the Employer will pay the employee two (2) hours wages.

The parties agree that Employees, in declining order of seniority (from most senior to most junior), the most senior full-time Employee who has the skill

20.04

20.05

20.06

20.07

20.08

20.09

23

and ability to perform the work available shall receive the maximum number

scheduled regular hours available by the day and by the week to a

maximum of eight (8) hours per day and forty (40) hours per week. The

Employer may schedule shifts for longer than eight (8) hours or more than

forty (40) hours in a week depending on the needs of the Employer. The

above does not apply to banquet servers, banquet cashiers and banquet

bartenders, who may be scheduled up to forty-four (44) hours per week.

Nothing herein shall require the Employer to schedule an Employee for more

than five (5) shifts per week or one (1) shift per day.

The parties agree to recognize that there may be scheduling anomalies

within various Departments that may conflict with the provisions of this

Collective Agreement. The parties further agree that such scheduling

anomalies may be permitted to continue provided there is mutual agreement

between the Departmental Manager and the Associate.

The Employer will pay overtime at the rate of time and one-half of the

employee's basic rate of pay for all authorized hours worked in excess of

forty-four (44) hours per week.

Employees will be entitled to one (1) fifteen (15) minute rest period for each

half shift of four (4) hours, except where scheduling does not permit a break,

at a time determined by the Employer and consistent with efficient

operations and guest service. Where the employee is asked to work during

his/her break, the employee shall be paid additional funds on a straight time

basis for the lost break time, or if the volume of work permits, shall be

allowed to leave early. The authorizing supervisor shall sign for the missed

break.

Employees working a shift of five (5) hours or more shall be entitled to a half

hour unpaid meal break to be taken at a time designated by the Employer.

An employee who reports for work at his or her regular time and who is sent

home because no work is available or commences to work but is assigned

less than eight (8) hours' work, shall receive a minimum of three (3) hours'

pay at the appropriate hourly rate. This provision shall not apply in

circumstances beyond the reasonable control of the Employer. (Examples:

such as fire, flood, major equipment failure.)

It is the employee's obligation to keep the Employer and Union informed of

his or her correct Social Insurance Number, address, current spouse and

20.10

20.11

20.12

20.13(a)

20.13(b)

20.14(a)

20.14(b)

24

telephone number, and the Employer shall not be liable for any payment hereunder unless arrangements have been so made.

An employee who has left after the completion of his or her regular shift and is called back to work and agrees to do so, shall receive a minimum of four (4) hours' pay. This provision is not applicable to a scheduled split shift.

If an employee punches or signs out late, it will be assumed that the employee was delayed for personal reasons and that the time shown on the time card and sign out sheet, beyond the regular quitting time, is the employee's personal time unless procedures in Article 20.12 are followed.

Each employee must obtain from his or her department head/supervisor, authorization ·in advance of his or her overtime work before payment beyond the normal quitting time will be made.

The Employer shall not ask for a Doctor's Certificate (note) for an absence on account of illness for three (3) consecutive days or less, unless the employee has been absent for more than six (6) incidents in a twelve (12) month period or more than twice during two (2) consecutive pay periods.

When the Employer requires the production of a Doctor's Certificate for an absence on account of illness, the employer will reimburse the employee for an amount up to Twenty Dollars ($20.00) for the Certificate upon production of a receipt for payment.

An employee temporarily assigned for more than four (4) consecutive hours in any one day to a higher rated non-gratuity position shall receive the higher rate while occupying such position.

A "temporary assignment" contemplates the fulfillment of the duties and responsibilities of the position during the time occupied. Assisting a higher rated employee due to an increase in the volume of work does not constitute a temporary assignment

25

ARTICLE 21- GRATUITIES

21.01 Banquet gratuities will be divided 30/70. Thirty percent (30%) for

management staff and seventy percent (70%) for hourly paid staff. The

hourly paid staff sharing in the gratuities shall be:

Wait staff Porters Cash bar cashier Banquet bartenders

21.02 Tour gratuities will be divided 25/75. Twenty-five percent (25%) for

management staff and seventy-five percent (75%) for hourly paid staff. The

hourly paid staff sharing in the gratuities shall be:

21.03

21.04

21.04.1

21.05

Wait staff Bus persons Host/hostess

The Employer agrees that it shall endeavour whenever possible to ensure a

minimum of 24 covers per employee for Tour and Banquet functions. French

service or special requests excepted. There is an understanding that there

may be an odd number of covers at the end.

Pooled/porter gratuities will be divided 30/70. Thirty percent (30%) for

management staff and seventy (70%) percent for hourly paid staff. The

Porters shall be the hourly paid staff sharing in the gratuities.

For functions of up to three hundred (300) people, the Leadhand shall take a

section for the duration of the function, including setup and tear down. For

functions of three hundred (300) or more, the Leadhand shall not take a

section.

Tour/Group Baggage Charges collected by the Employer shall be divided

30/70. Thirty percent (30%) shall go to management staff, and Seventy

percent (70%) for hourly paid staff. The hourly paid staff sharing in the

gratuities shall be:

Bell staff Door Person

26

Note: The Union may determine an equitable gratuity split among non-management staff as per the above groups.

21.05.1

21.06

21.07

21.08

Baggage charges will increase to Two Dollars ($2.00) per bag in and the same amount out on booked tours. The parties agree that the baggage charge may be reduced where there is a danger of losing a tour or if in the first year of the Collective Agreement, if contracts are already signed. The Employer will provide documentary support to the Union for a charge less than Two Dollars ($2.00).

An automatic gratuity of fifteen (15%) percent of the non-tax portion of the bill shall be added to parties of eight (8) or more walk-in customers having lunch or dinner.

A room service employee, a bellperson, housekeeping or porter shall receive Three Dollars and Fifty Cents ($3.50) per room charge for organized billed deliveries. This shall not apply to delivery of newspapers or small items of universal distribution to guests.

Employer will make available for viewing by the Chief Steward or Department Steward in the Human Resources Office, biweekly, figures which will show total gratuity and total revenue relevant to the calculation of the relevant gratuities (i.e. banquet, pool/porter, tours) for the prior two (2) week period.

·ARTICLE 22- BULLETIN BOARDS

22.01 The Employer will provide bulletin board space for Union notices. All Union notices must be signed by proper officials of the local Union and submitted to the personnel department of the hotel for approval before being posted.

ARTICLE 23- BONDING

23.01 It is expressly understood that as a condition of employment, each employee hired on or after January 15

\ 1996, must be and remain acceptable for bonding purposes and it is agreed that failure by the employee to be and remain acceptable to the Employer's Bonding Company, immediately terminates his or her employment regardless of seniority or other conditions.

27

23.02 It is expressly understood that any employee hired prior to January 15t, 1996,

who handles money for the Employer must be and remain acceptable for

bonding purposes and it is agreed that failure by the employee to be and

remain acceptable to the Employer's Bonding Company, immediately

terminates his or her employment regardless of seniority or other conditions.

ARTICLE 24- UNION FUNDS

24.01 Health and Safety Fund- The Employer agrees to contribute $350.00 per

month for the Union's health and safety training

24.02 The Employer shall contribute Fifteen Hundred Dollars ($1 ,500.00) per year

to the Stewards Christmas Party.

ARTICLE 25 - HEALTH AND SAFTEY

25.01 Joint Health & Safety Committee language - "Parties agree to abide by the

provisions of Ontario's Occupational Health and Safety Act".

ARTICLE 26- EMPLOYEE DISCOUNT PROGRAMS

26.01 The Company agrees that employees of 1788731 Ontario Inc and Resort on the

Falls Inc. shall be eligible for any equivalent employee discount programs which either

franchise participates in, including but not limited to employee hotel discount program so

long as the franchise permits broad participation

28

ARTICLE 27 TERM OF AGREEMENT

27.01 This Agreement shall continue in effect from March 4, 2011 to March 3, 2014. Dated at Niagara Falls, Ontario this day of 2011.

After 12 Months

After 18 Months

After 24 Months

After 30 Months

29

SCHEDULE "A"

PERCENTAGE INCREASES OF BASE SALARY DURING TERM OF CONTRACT

March 4, 2012 1%

September4, 2012 1%

March 4, 2013 1.5%

September 4, 2013 1.5%

Classifications Rates Effective Sunday, March 6, 2011

12 mos.

Post 4-Mar-12

ROOMS .. Start Rate Probation Rate 1%

Laund~AttendantLH $ 12.02 $ 12.59 $ 12.72

Room Attendant $ 11.85 $ 12.12 $ 12.24

Night Cleaner/ Night Room Attendant $ 12.05 $ 12.30 $ 12.42

Shampoo Person I Carpet Cleaner $ 11.85 $ 12.12 $ 12.24

Houseoerson $ 11.07 $ 11.59 $ 11.71

Laundry Attendant $ 11.07 $ 11.59 $ 11.71

Pool Attendant $ 10.27 $ 10.53 $ 10.64

GSA I SWITCHBOARD $ 12.14 $ 12.71 $ 12.84

GSA LH ISWITCHBOARO LH $ 12.73 $ 13.33 $ 13.46

Japanese GSA $ 12.90 $ 12.90 $ 13.03

Night Auditors $ 12.43 $ 13.02 $ 13.15

Bell Captain $ 10.25 $ 10.41 $ 10.51

Bellman I Doorman I Valet $ 10.25 $ 10.25 $ 10.35

12 mos.

Post 4-Mar-12

MAINTENANCE Start Rate Probation Rate 1%

General Maintenance $ 13.50 $ 14.00 $ 14.14

Painters $ 15.01 $ 15.01 $ 15.16

Refridgeration Tech $ 19.86 $ 19.86 $ 20.06

Maintenance Technicians $ 15.96 $ 15.96 $ 16.12

4-Mar-12

FOOD AND BEVERAGE Start Rate 1% """ Dining Room Cashiers $ 10.66 $ 11.17 $ 11.28

Dining Room Hostess $ 10.37 $ 10.86 $ 10.97

Cafe Barista $ 10.25 $ 10.25 $ 10.35

Cafe Barista -Lead Hand $ 13.00 $ 13.00 $ 13.13

Servers $ 8.90 $ 8.90 $ 8.99

Room Service $ 8.90 $ 8.90 $ 8.99

Bus Person $ 10.25 $ 10.25 $ 10.35

BanQuet Cashiers $ 10.25 $ 10.41 $ 10.51

Bartenders $ 10.53 $ 11.03 $ 11.14

BQ Waitstaff LH $ 9.24 $ 9.68 $ 9.78

Porter Lead Hand #1 $ 13.98 $ 14.64 $ 14.79

Porter Lead Hand #2 $ 11.55 $ 12.10 $ 12.22

Porter $ 10.25 $ 10.41 $ 10.51

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

18 mos.

4-Sep-12

1% . .. 12.85

12.36

12.54

12.36

11.83

11.83

10.75

12.97

13.59

13.16

13.28

10.62

10.45

18 mos.

4-Sep-12

1% ... 14.28

15.31

20.26

16.28

4-Sep-12

1% "" 11.39

11.08

10.45

13.26

9.08

9.08

10.45

10.62

11.25

9.88

14.94

12.34

10.62

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

24 mos.

4-Mar-13

1.50% ··-- ·-13.04

12.55

12.73

12.55

12.01

12.01

10.91

13.16

13.79

13.36

13.48

10.78

10.61

24 mos.

4-Mar-13

1.50% . ....... ,., 14.49

15.54

20.56

16.52

4-Mar-13

1.50% lo'-'U /U

$ 11.56

$ 11.25

$ 10.61

$ 13.46

$ 9.22

$ 9.22

$ 10.61

$ 10.78

$ 11.42

$ 10.03

$ 15.16

$ 12.53

$ 10.78

$

$

$

$

$

$

$

$

$

$

$

$

$

30 mos.

4-Sep-13

1.50% ··-- ·-13.24

12.74

12.92

12.74

12.19

12.19

11.07

13.36

14.00

13.56

13.68

10.94

10.77

30 mos.

4-Sep-13

1.50% ........ ,., $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

14.71

15.77

20.87

16.77

4-Sep-13

1.50% . ·--ow 11.73

11.42

10.77

13.66

9.36

9.36

10.77

10.94

11.59

10.18

15.39

12.72

10.94

'

FOOD AND BEVERAGE - CON'T 12 mos.

Post 4-Mar-12

Buffet Lead Hand Start Rate Probation Rate 1%

Buffet Person $ 10.68 $ 11.19 $ 11.30

Cook 1 $ 15.01 $ 15.01 $ 15.16

Cook 1 LH $ 17.08 $ 17.08 $ 17.25

Cook 2 $ 14.72 $ 14.72 $ 14.87

Cook 3 $ 13.63 $ 13.63 $ 13.77

1st Year Apprentice $ 11.45 $ 11.75 $ 11.87

2nd Year Apprentice $ 12.82 $ 12.82 $ 12.95

3rd Year Apprentice $ 13.34 $ 13.34 $ 13.47

Short Order Cooks $ 10.35 $ 10.90 $ 11.01

Baker 2 $ 14.06 $ 14.72 $ 14.87

Pastry 3 $ 12.02 $ 12.59 $ 12.72

Pastry 4 $ 11.35 $ 11.35 $ 11.46

Pastry Helper $ 10.25 $ 10.59 $ 10.70

Steward $ 10.83 $ 11.35 $ 11.46

Steward LH $ 11.72 $ 12.27 $ 12.39

Kitchen NiQht Cleaner $ 10.83 $ 11.35 $ 11.46

Receiver $ 11.16 $ 11.69 $ 11.81

Milestones Lead Hand Cook $ 15.46 $ 15.81 $ 15.97

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

18 mos.

4-Sep-12

1% "" 11.41

15.31

17.42

15.02

13.91

11.99

13.08

13.60

11.12

15.02

12.85

11.57

10.81

11.57

12.51

11.57

11.93

16.13

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

24 mos.

4-Mar-13

1.50% ''"" 'u

11.58

15.54

17.68

15.25

14.12

12.17

13.28

13.80

11.29

15.25

13.04

11.74

10.97

11.74

12.70

11.74

12.11

16.37

$ $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

30 mos.

4-Sep-13

1.50% ''"" 'u

11.75

15.77

17.95

15.48

14.33

12.35

13.48

14.01

11.46

15.48

13.24

11.92

11.13

11.92

12.89

11.92

12.29

16.62

"

32

LETTER OF UNDERSTANDING

Between

Resort on the Fall.s Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and 1788731 Ontario Inc. (c.o.b. Milestones)

(Hereinafter referred to as "The Company")

and

United Food and Commercial Workers Union , Local102

(Hereinafter referred to as "The Union")

The Union and the Employer agree that:

1. Employees in Front Desk, housekeeping, laundry, dining room and k.itchen shall indicate in writing, prior to posting of the work schedule, their preference for working a statutory holiday. Management shall attempt to grant requests subject to:·

a. the needs of the operation; b. the availability of skilled and experienced employees; c. other concerns regarding business needs and the schedule; d. non-payment of overtime. ·

When the above needs are met, seniority shall prevail.

Dated at Niagara Falls, Ontario this day of 2011.

33

LETTER OF UNDERSTANDING Between



and



The Union and the Employer agree that:

The following skills, experience, and qualifications are necessary to fill the following positions:

1. Cook 1:

Cook 1: Lead Hand

Cook2:

Cook3:

3'dYear Apprentice:

2"d Year Apprentice:

Chefs Certificate I or 10 year's of equivalent experience. Also be able to efficiently and skillfully work every job (station) in the kitchen.

Same as "Cook 1" with exceptional leadership skills & good attitude.

Chefs Certificate I or 8 years of equivalent experience. Also be able to efficiently and skillfully work almost every job in the kitchen. There must be an above average skill level for almost every job in the kitchen.

Chefs Certificate I or 6 years of equivalent experience. Also must have full ability to efficiently and skillfully cook a Buffet and must possess the ability to assist in line operations (without supervision).

Approx. 4000 hrs.- Completion and all "OTAB" requirements must be completed. This pay level will also be used for Prep Cooks and Short Order Cooks with a minimum of 5 years of equivalent experience.

Approx. 2000- 4000 hrs.- and all "OTAB" requirements must be completed. This pay level will also be used for Prep Cooks and Short Order Cooks with a minimum of 3 years of equivalent experience.

Approx. 0-2000 hrs.- and all "OTAB" requirements must be

2.

3.

4.

5.

34

Apprentice: completed. This pay level will also be used for Prep Cooks and Short Order Cooks with a minimum of 1 year of equivalent experience.

Prep Cook: To replace Short Order Cook: No experience is required and will include all persons with basic skills and knowledge.

"OTAB" Ontario Training and Apprenticeship Board.

Promotion or advancement to a higher classification will be at the judgment of the Executive Chef, based on skill, efficiency, business demands and required qualifications.

The Company agrees to cross-train the kitchen cooks when business all.ows.

All cooks will be. evaluated on a yearly basis to discuss: (1) Strengths (2) Weaknesses (3) Other pertinent issues. A copy of the evaluation will be given to the employee and a copy will be put into the employee's file. The employee is entitled to put his/her comments in writing.

An employee promoted to fill a vacant position shall be on probation in the new position until he or she has completed 60 days of work in the new position. If, the employee does not meet the requirements of the new position, the employee shall be transferred back to his/her previous position.


35


Between

Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and

1788731 Ontario Inc. (c.o.b. Milestones)


and

United Food and Commercial Workers Union , Local 102


RE: Catering Department Employees

There are presently three Union employees in the Catering Department namely Shelly

Waters, Amy Basset and Jessica Rotundo. These employees occupy the positions of

Conference Service Administrator; Sales and Catering Reception and Conference

Services Co-ordinator.

The Union and the Employer agree that the above three positions shall be non-Bargaining

Unit positions and the employees shall be transferred out of the Bargaining Unit.

Within 90 days of these employees being transferred out of the Bargaining Unit, any one

of the employees may elect to transfer back to the Bargaining Unit without loss of seniority

into the Front Office Department.

The Employer undertakes to adjust salaries for these employees by increasing them by at

least the amount provided for general salary increases in the new Collective Agreement to

commence in 2005.


Forthe/1~ ... ~

36


Between

Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and 1788731 Ontario Inc. {c.o.b. Milestones)

{Hereinafter referred to as "The Company")

and

United Food and Commercial Workers Union, Local102

{Hereinafter referred to as "The Union")

RE: Guest Gifts

The Employer will amend its employee policies to provide as follows:

Where a guest leaves a gift for an employee other than either an unsealed bottle of liquor

or a complimentary bottle of liquor supplied to the guest by the Company, the employee may remove the gift from the Company's premises if the. following conditions are met:

a. the employee receives a written authorization signed by the guest; b. the item is left.in the employee supervisor's office for the balance ofthe shift; c. the employee obtains a duly signed authorization pass by the employee's

Supervisor; and d. the employee removes the gift from the Company's premises on that date.


37


Between



and



RE: Bellman

Existing practice of paying $2.00 per car to Bellmen etc. to be discontinued upon the hiring of Valets.

Full-time seniority Bellmen to be paid $500.00 each (less statutory source deductions) as a lump sum one-time payment to compensate for loss of $2.00 charge.

When new Valet and Bellmen are hired, the existing Bellmen to be grandfathered at current wage, and new Bellmen and Valet to be paid at lower negotiated rate.

If existing BeJimen post into Valet position, take job at negotiated rate, with no redcircling or grandfathering.


/ / '

38


Between



and


(Hereinafter referred to as 'The Union")

RE: Existing UFCW Members

Once the internal job posting process is exhausted, the Employer agrees to give

first consideration to existing UFCW members in the hiring of new employees, subject to such UFCW members having the requisite skills and abilities to perform the work, and subject to the right of the Employer to make hiring decisions in its

sole discretion, which hiring decisions are not grievable. Any such UFCW Employees so hired remain subject to the probationary provisions of this

Agreement, and do not carry any seniority rights from their prior Employer.

This letter shall expire at the conclusion of the March 4, 20111March 3, 2014

Collective Agreement unless specifically renegotiated.

Dated at Niagara Fall.s, Ontario this day of 2011.

39


Between

Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and

1788731 Ontario Inc. (c.o.b. Milestones)


and


(Hereinafter referred to as "The Union

RE: Uni<>'n Business Leave Of Absence

Subject to the operational needs of the Employer, the Employer shall grant to any

Employee, upon the request of the Union, a leave of absence with pay and benefits

for a period not exceeding one (1) year, or if such leave is requested for any portion

of the period from May 151h to September 151h of each year, not less than four (4)

months, provided that shorter periods of leave during this period may be requested

by the Union, and granted on consent of the General Manager, which consent shall

be based on the operational needs of the hotel, and which consent shall not be

unreasonably withheld. Upon return, the said Employee will return to his/her former

position within the same department. Should he/she not return, his/her name shall

be removed from the seniority list. While on such leave of absence, he/she will

maintain and accumulate his/her seniority during the said leave. The Employer

agrees to maintain payment of regular wages and benefits for such Employee and

the Union agrees to reimburse the Employer for said wage and benefit costs which

are to be billed to the Union by the Employer monthly.

This letter shall expire at the conclusion of the March 4, 2011/March 3, 2014

Collective Agreement unless specifically renegotiated.

Dated at Niagara Falls, Ontariothis day of 2011.

40


Between



and



RE: Bargaining Unit Work

1. The Employer agrees that Management staff will not perform bargaining unit work normally performed by UFCW #102 members except in the following circumstance.s:

(a) Training or instruction of employees;

(b) Emergencies;

(c) Sudden or unexpected business surges;

(d) Unanticipated operational needs of the hotel;

(e) For specialized or skilled work which requires that it be performed by a manager (example, Chefs);

\{ortheUnion

~tr·~~~~~~---------=> Forthe~

//

41


Between



and



Re: Employee Discount Programs

The Company agrees that employees of 1788731 Ontario Inc. and Resort on the Falls Inc.

shall be eligible for any equivalent employee discount programs which either franchise

participates in, including but not limited to employee hotel discount program so long as the

franchise permits broad participation


or the Union

I

42


Between


(Hereinafter referred to as "The Company"}

and

United Food and Commercial Workers Union , Loca1102


The Parties agree to a Letter of Understanding agreeing to use the medi·arbitration

provisions (Section 50) of the Ontario Labour Relations Act as often as possible.


Foctho ;:t:/1! . I l

43


Between

Resort on the Falls Inc. (c.o.b. Marriott Niagara Falls Gateway on the Falls) and 1788731 Ontario 111c. (c.o.b. Milestones)


and



Union agrees to request leave from the OLRB to withdraw the following OLRB

applications: OLRB File.# 2091-1 0-R & .OLRB File # 2206-1 0-U


44


Between



and



RE: Food and Beverage Outlets

The parties agree to a Letter of Understanding as follows:

The Employer agrees that any changes or additions to the Food and Beverage

Outlets in the hotel shall remain "in-house" and that the Employer shall continue to

operate any such Food and Beverage Outlets, whether chain franchises or nof. As

a result, the Employer undertakes that the new outlets will continue to be staffed by .

unionized employees, with the commitment that existing jobs are protected, and the

expectation that as many as 125 new Union jobs will be added.

The timing of the changes or alternations to the Food and Beverage Outlets are

dependent on economic conditions.

This commitment is conditional on the settlement of this contract.


45


Between


Background


and



The Employer began operating Milestones Restaurant located in the Sheraton Fallsview Hotel in Niagara Falls on Thursday, April 29th, 2010.

There are issues specific to Milestones which require amendments to the existing Collective Agreement, and the parties have agreed to negotiate those amendments prior to the expiration of the Collective Agreement.

Agreement

The parties agree that the terms of this letter of understanding shall take effect as of the date of opening of Milestones Restaurant on Thursday, April 29th, 2010, and that the said

terms shall be incorporated in the next Collective Agreement negotiated by the parties. ·

For any Breakfasts servers, cashiers and hostesses who remain in Breakfasts, benefits shall be provided in accordance with Article 18 provided that for those employees only the

phrase "24 hours" in Article shall be read as "15 hours" for as long as server, cashier or hostess remains an employee working in Breakfasts.

The rate for the Lead Hand Cook in Milestones is set at $16.75 per hour effective Thursday, April 291h , 2010.

46

The rate for the Guest Services Associate for Milestones is set at $10.75 per hour effective Thursday, April 291h , 2010.


For the Union For the Company

47

"SCHEDULE B"

The employer will pay a percentage of the cost for the uniform items listed below in each 12 month period.

Front Desk/Info Ladies: Blouse (2) 85% Skirt (2) 85% Vest (2) 85% Men: Jacket (2) 85% Pant (2) 85%

Dining Room Servers: Day Shirt (2) 85% Day Pant (2) 85% Vest (1) 85% Apron (1) 85% Evening Pant (1) 85% Evening Shirt (2) 85% Buffet/Bus: Shirt (2) 85%

Housekeeping Ladies: Dress (2) 85% Apron (1) 85% Men: Shirt (2) 85% Pant (2) 85%

Porters: Shirt (2) 85%

Belldesk: Men: Vest (1) 85% Pants (2) 85%

Room Service: Men: Tux Shirt (2) 85%

Engineering: Men: Shirt (2) 85% Pant (2) 85%

UNIFORM ITEM PERCENTAGE

Receiving Men: Shirt (2) 85%

Pants (2) 85%

Banquet Servers Vest and Tie 85%

Laundrv: Scrub Top (2) 85% Scrub Pants (2) 85%

Night Audit: Pants or Skirt (2) 85% Jacket (2) 85% Shirt or Blouse (2) 85%

48

Notwithstanding the above contribution by the Employer, the Employee's portion of the above shall not exceed $75.00 per uniform per year.

FOOTWEAR ALLOWANCE

The Company will pay up to Fifty Dollars ($50.00) towards the cost of steel-toe safety shoes for any seniority employee in the maintenance department and the bell desk during a twelve (12) month period. To be eligible for payment, the employee must produce a current receipt, and if requested by the Employer, the new shoes.

BANQUETS

The seven (7) banquet waitstaff with the most hours on an annual basis will receive Fifty Dollars ($50.00) towards the purchase of a banquet shirt, annually (contract year).

collective agreement between - ontario...shift supervisors, banquet captain, executive sous chef,...

Documents