received - sdc.gov.on.ca and food... · maintain a high standard of service and the efficient...

34
Downtown Markham Suites Collective Agreement November 1st 2015 COLLECTIVE AGREEMENT Between Monte Carlo Inn Downtown Markham Hereafter referred to as "The Employer" And UFCW Canada Locall 02 Hereafterreferredasthe "The Union" Expires: November 1st 2015 -October 31st 2019 RECEIVED JUN 172016 Ministry of 'Labour DRS - ARBITRATION SERVICES 1

Upload: doannga

Post on 02-Jan-2019

214 views

Category:

Documents


0 download

TRANSCRIPT

Downtown Markham Suites Collective Agreement November 1st 2015

COLLECTIVE AGREEMENT

Between

Monte Carlo Inn Downtown Markham Hereafter referred to as "The Employer"

And

UFCW Canada Locall 02 Hereafterreferredasthe "The Union"

Expires: November 1st 2015 -October 31st 2019

RECEIVED JUN 172016

Ministry of 'Labour

DRS - ARBITRATION SERVICES

1

Downtown Markham Suites Collective Agreement

Article 10 Purpose 20 Definition ofEmployee 30 Recognition 40 The Bargaining Unit 50 Union Security 60 Relationship 7 0 Management Rights 80 Union Representation 9 0 Grievance 1 Oo Discharge Cases 110 Arbitration 120 Seniority 130 Hours ofWork/Over-time/Rest and Meal Breaks 140 Vacations 150 Benefits 160 Training and Administration Allowance 170 Workloads Room Attendant 180 General 190 Leaves of Absence 200 Benefit Plans 210 No Strike no Lockout 220 Unifonns 230 Paid Holidays 240 Duration

Labor Management Cmmnittee Schedule "B" Memorandum of Settlement Letter ofUnderstandings

2

November 1st 2015

Page 3 4 5 6 7 8 9 10 11 13 14 15 17 19 20 21 22 23 24 25 26 27 28 29

30 31 32 33-39

Downtown Markham Suites Collective Agreement November 181 2015

Article 1 - Purpose

1.1 The general purpose of this agreement between the Employer and the Union is to provide procedures for the prompt and equitable disposition of grievances; to establish and maintain satisfactory working conditions, hours and wages for the employees who are subject to the provisions of this Agreement to promote and maintain a high standard of service and the efficient operation of the Hotel.

3

Downtown Markham Suites Collective Agreement November 151 2015

Article 2- Definition of Employee

2.1 An "employee within the tenns of this agreement shall only mean a person employed by the Employer, at 7255 Warden Ave. Markham, Ontario in one of the job classifications listed in Appendix A, and who; has completed to the satisfaction of the employer the probationary period of service in Article 2 sub -section 2.2 of this Agreement

2.2 A person will be regarded as an employee for the purpose of this Agreement only after completion of a probationary period of seventy five (75) working days in the job classification to which he/she is assigned. If an employee is retained in the employment of the Employer after completion of the probationary period, that person will become an employee of the Employer covered by this Agreement.

2.3 Probationary employees shall be considered as employed on a trial basis and have no recourse through the grievance procedure and may be discharged at the discretion of the Employer and such a discharge shall not be a dispute between the parties.

4

Downtown Markham Suites Collective Agreement November 151 2015

Article 3- Recognition

3.1 The employer recognizes the Union as the exclusive Bargaining Agent for all its employees located at 7255 Warden Ave. Markham, Ontario save and except supervisors and those above the rank of supervisor. The employer agrees not to bargain with any other organization for such employees during the tenn of this agreement. For clarity Night Audit is included in bargaining unit.

3.2 The employer agrees that non bargaining unit employees shall not perfonn bargaining unit work beyond current practice which includes the following circumstances:

a) Emergency b) Unforeseen guest demands . c) Training d) Lack of available staff

5

Downtown Markham Suites Collective Agreement November 1st 2015

Article 4- The Bargaining Unit

4.1 The tenns of this agreement apply to all employees as defined in Article 2.1 of this agreement.

4.2 a) Full Time Employee means an employee in the bargaining unit described in 2.1 who regularly works more than twenty four hours per week.

b) "Part-time employee" means an employee employed in the bargaining unit described in 2.1 who regularly works twenty-four (24) hours per week or less. A part time employee may exceed twenty (24) hours in a week due to vacation relief, absence due to illness, accident or to fill in for leaves of absence without affecting his/her part time status. The Union proposes that seven (7) weeks to (13) thirteen weeks period will be used to detennine an employee status.

6

Downtown Markham Suites Collective Agreement November 1st 2015

Article 5 -Union Security

5.1 a) During the lifetime of the Agreement, the Employer shall deduct from the pay of all employees covered by this Agreement such amount as may be assessed pursuant to the Union Constitution and By-Laws as regular Union dues and shall remit same by the end of the 15th day of the following month, together with a list of names and S.I.N. numbers of those for whom the deductions have been made to the designated officer of the Union. The Union shall provide the Company in writing, the name and position of the aforementioned designated officer.

5.2 The employer shall set out yearly union dues deductions in the employee's T-4 slip.

5.3 The Union agrees to defend, indemnify and hold the Employer completely hannless a:gainst all claims and demands should any person at any time contend or claim that the Employer has acted wrongfully or illegally in making deductions for Union dues and forwarding them to the Union pursuant to this article.

5.4 All employees who are members of the Union must remain members during the tenn of this Agreement by the regular payment of dues or its equivalent. From all employees over the course of their probationary period, the Employer shall deduct an amount equivalent to the Union initiation fee. The secretary treasurer shall advise the company from time to time of the amount of the fee.

5.5 No dues will be collected where, because of absence from work, the employee has no earnings from which dues required may be deducted.

5.6 Every February, the Employer will provide the Union with a statement showing the name of all employees who have had dues deduction made and their total amount deducted for the prior year.

5.7 The employer shall provide the union, quarterly with a list of those bargaining unit employees:

a) Recalled to work b) Newly hired and c) Quit

7

Downtown Markham Suites Collective Agreement November 1st 2015

Article 6 - Relationship

6.1 The Employer and the Union Agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their reps or members because of and employee's membership or non membership in the Union or because of his or her activity or lack of activity in the Union.

6.2 a) The Employer agree that an official of the Union may arrange with the Hotel manager to attend at the Hotel and meet with employees and the stewards regarding Union business. Such meetings must not disrupt the normal work day of any employee involved.

b) The Employer shall furnish a bulletin board to be located in the employee locker room, for the purpose of posting union notices related to the Hotel. All union notices must be signed by the proper officers of the local union and supplied to the Hotel Manager in advance.

8

Downtown Markham Suites Collective Agreement November }51 2015

Article 7 - Management Rights

7.1 Subject only to the express provisions of this Agreement, the Union agrees that supervision, management and control of business operations and facilities are exclusively the function of the Employer, and the Employer has the right to make such reasonable rules, regulations and decisions as it considers necessary or advisable for the orderly and efficient conduct of its business. Without limiting the generality of the foregoing, it is the exclusive function of the Employer, except where expressly modified by this Agreement, to:

a) Maintain order, discipline and efficiency and in connection therewith; to make, alter and enforce from time to time reasonable rules, regulations, policies and practices to be observed by its employees and to discipline or discharge employees for just case; it is agreed that probationary employees may be discharged in accordance with article 2.3.

b) Select, hire, classify, assign, transfer, promote, demote, layoff, recall, and select employees for positions excluded from the bargaining unit.

c) Detennine the location of operations and their expansion and their curtailment, the schedules of operations, the number of shifts, job content, quality and quantity standards, the establishment of work or job assignments; change, combine or abolish job classifications; detennine the qualifications of an employee to perfonn any particular job, the nature of tools, equipment and machinery, change or discontinue existing tools, equipments, machinery, methods or processes; subcontract or discontinue work; decide on the number of employees needed by the Employer at any time, the number of hours to be worked, starting and quitting times, when overtime should be worked.

d) Without limiting the general right of the Employer to discharge employees, it is specifically agreed that any of the following causes shall be conclusively deemed to be just cause for the specific penalty of discharge of an employee:

i) Consuming or being under the influence of liquor or illicit drugs, while on duty. ii) Theft from the Employer, other employees or clients. iii) Committing Immoral, indecent conduct or illegal acts and/or soliciting persons for immoral purposes on Monte Carlo Inn Premises. iv) Willful destruction, abuse or damage to any prope1iy on Monte Carlo Im1 premises. vi) Failure to rep01i to work for 3 consecutive days without notifying supervisor.

9

Downtown Markham Suites Collective Agreement November 1st 2015

Article 8 - Union Representation

8.1 The employer acknowledges the right to the Union to appoint or otherwise select stewards from the following departments for the purpose of assisting employees in presenting glievances to the employer in accordance with the provisions ofthis agreement.

Housekeeping, Laundry - 1 Steward Front Desk and Night Audit - 1 Steward One alternate steward

8.2 The Union will advise the Employer in writing of the names of the Union Stewards. The effective date of their appointments shall be the date on which the Employer is advised.

8.3 The Union acknowledges that the Union Stewards have their regular duties to perform as employees of the Employer. They will not leave their regular duties without first obtaining pennission from their Supervisor or in his or her absence the Assistant or his or her designate.

8.4 a) The Employer agrees that the Stewards will not lose regular pay for time spent during regular working hours (not overtime or personal time) in servicing grievances in accordance with Article 9.

b) The Employer agrees to a negotiating committee of two (2) active full time employees. Such employees shall not lose regular pay if attending negotiations with the Employer, until the commencement of conciliation.

8.5 When an employee is to be disciplined by Management he or she may have Steward present, provided that a Steward is on the premises. If not, the employee may select another employee from the bargaining unit, who is on duty. The failure to comply with this article shall not void any discipline provided the employer advises a Steward promptly.

10

Downtown Markham Suites Collective Agreement November 1st 2015

Article 9 - Grievance

9.1 It is the mutual desire of the pmiies hereto that complaints of employees concerning the interpretation, application or alleged violation of the collective agreement shall be adjusted as quickly as possible. It is understood that an employee has no grievance until she has first given her immediate supervisor an opportunity to adjust her complaint. She shall discuss it with her immediate supervisor within five (5) days after the circumstances giving rise to the complaint have originated or occmTed. Failing settlement, it may then be taken up as a grievance within five (5) days following advice of the immediate supervisor's decision in the following manner and sequence.

Step No.1

The Employee may be accompanied by her Steward and her grievance, in writing, shall be presented to the Supervisor. The grievance shall be signed by the employee, and shall set out the particulars of the grievance including the nature of the complaint, the Articles of the agreement alleged to have been violated and the remedy requested. The Supervisor shall deliver her decision, in writing ten (1 0) days following the presentation of the grievance.

Step No.2

Failing satisfactory settlement in Step No. 1, the written grievance shall be submitted by the employee within five (5) days after the Supervisor's decision is given, to the Manager or his designate. The grievance shall be accompanied by wlitten reasons for the rejection of the Supervisor's decision at Step No. 1. A meeting will be held within ten (10) days between the Manager (or her designate) and the employee concerned and the Steward. A staff representative of the Union may be present at the request of either the Employer or the employee. It is understood that the Manager (or her designate) may have such assistance as he may desire at the meeting.

Step No.3

Failing settlement the decision of the Manager shall be delivered to the Union in writing within ten (1 0) days.

9.2 a) Where no written decision has been given within the time limit specified, the grievance may be submitted to the next step, including arbitration.

b) The time limits may be extended by mutual agreement of the pmiies, m writing.

11

Downtown Markham Suites Collective Agreement November 1st 2015

9.4 It is agreed that a grievance of policy arising directly between the Employer and the Union shall be originated under Step. No 2 within ten (1 0) days after circumstances giving rise to the complaint have originated or occurred. No policy grievance shall be filed if the grievance is one which an individual employee could have filed.

9.5 If the Employer has a grievance it may file that grievance with the staff representative of the Union at Step No.2 and a procedure similar to that shall be followed between the parties.

9.6 The employer agrees to submit copies of suspensions and any other disciplines to the union office.

12

Downtown Markham Suites Collective Agreement November 1st 2015

Article 10- Discharge Cases

10.1 It is recognized that probationary employees may be released in the absolute discretion ofthe Employer and without limiting the generality of the foregoing for perfom1ance deemed by the Employer to be inadequate or because of incompatibility with fellow employees or Manag~ment. The release of a probationary employee will not be subject to the Grievance Procedure and shall not be a dispute between the parties and may not proceed to arbitration.

10.2 A claim by an employee who has completed her probationary period that she has been discharged without cause shall be treated as a grievance if a written statement of such grievance is lodged with the Employer at Step No. 2 within five (5) days after the employee is discharged. Such grievance may be settled by the conferring parties under the Grievance Procedure or decided by an Arbitrator.

10.3 An employee will be granted access to his or her persom1el file within a reasonable time after such a request has been made to the Employer. Such requests shall not exceed once per year.

10.4 When an employee who has a reprimand or waming on file has given twenty four (24) months of service with no further unsatisfactory documentation on file, the company agrees to remove such reprimands or written wamings from the file. When an employee has a suspension on file, has given thirty (30) months of service without any other documentation, the employer shall remove the suspension from the employees file. It is understood any discipline for sexual harassment or violence will remain on the employees file for as long as the employee is employed by the employer.

10.5 Once the employee has been tenninated the Union Steward should have 10 - 15 minutes with the employee.

13

Downtown Markham Suites Collective Agreement November 151 2015

Article 11 - Arbitration

11.1 A decision to proceed to arbitration must be initiated in writing within thirty (30) days after the delivery of the Step No.3 decision. When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee; provided however, that if such party fails to appoint a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon a Chairman within a period of fifteen (15) days, either of the parties may then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman.

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

11.3 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure and initiated in accordance with Article 11.1.

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

11.5 The proceedings of the Arbitration Board; will be expedited by the parties hereto, and the decision of the majority will be final and binding upon the parties hereto and the employee or employees concerned.

11.6 Each of the parties hereto will bear the fee and expense of the nominee appointed by it and the parties will jointly bear the fees and expenses, if any, of the chainnan of the arbitration board.

11.7 For the purposes of Article 9, 1 0 and 11, the word "days" shall not include Saturday, Sunday or holidays. Either of the parties shall have the right to apply to the Ministry of Labour, under Section 49 of the Labour Relations Act.

11.8 At the option of either party, in lieu of an application to the Ministry of Labour for the appointment of a single arbitrator pursuant to s.49 of the Labour Relations Act, and in place of the provisions in this article respecting nominees, either party may initiate a single arbitrator process by proposing to the other party, the appointment of a single arbitrator from a list of three names presented to the other party. The rest of the procedure shall continue to apply.

14

Downtown Markham Suites Collective Agreement November 1st 2015

Article 12 - Seniority

12.1 Seniority as refe!Ted to in this agreement shall mean an employee's total length of service in a pmiicular job classification. With each job classification, as set out in Appendix "A" to this agreement, there will be a separate seniority list maintained for all full time employees and a separate seniority list maintained for all part­time employees. For each classification there shall be a full and part time seniority list.

12.2 The employer shall post revised up to date seniority lists for each job classification in January and July of each year

12.3 Seniority shall be accumulated in the following circumstances:

a) When credited with time worked for the employer.

b) When absent from work due to sickness or accident in which case seniority will continue to accumulate for a period of time equal to one (1) year from date of absence from work or the equivalent of completed months of service whichever is shorter, from the commencement of the absence.

c) When absent on vacation leave.

d) While on a layoff for up to nine (9) months.

12.5 Seniority shall tenninate and an employee shall cease to be employed with the employer when he/she:

a) Voluntarily tenninates his/her employment with the Employer.

b) Is discharged and is not reinstated through grievance procedure or arbitration.

c) Fails to report to work upon recall after lay off on the day requested in the notification by telephone or registered receipt, as per miicle 12.6 (c).

d) Fails to repoti for work for three (3) or more consecutively scheduled shifts without valid and hotel approved explanation.

e) Is on lay-off for more than the number of completed months of service at lay-off or one year, whichever is shorter.

12.6 In the event of a layoff or recall, the following factors shall be considered:

15

Downtown Markham Suites Collective Agreement November 1st 2015

a) Classification seniority for either full time or part time employees, depending on the Employer's requirements.

b) Qualifications, skills and ability.

c) Employees shall be recalled back to work by telephone in the reverse order to which they were laid off. If the employee cannot be reached by telephone within forty-eight ( 48) hours, a registered letter will be sent to the employee to his or her last known address on file. The employee shall notify the employer of his or her intention to return to work or not within twenty-four (24) hours of the delivery of such notice. If employees are recalled and not available for work with a reason acceptable to the Employer, other employees in seniority standing in the classification on the respective list may be recalled.

d) Employees shall be responsible to ensure that the employer has their most current address and home number. The Employer shall not be responsible for the failure to recall or to provide any other notice to an employee because the employee failed to notify the Employer of a change of address or phone number.

16

Downtown Markham Suites Collective Agreement November 1st 2015

Article 13- Hours ofWork/Over-time/Rest and Meal Breaks

13.1 The provisions of this Article are intended to set out the nonnal hours of work and shall not be construed as a guarantee of hours of work per day or per week, nor a guarantee of a working schedule.

13 .2 The nom1al work week for a full time employee shall consist of 40 hours worked, exclusive of lunch periods, comprised of 8 hours a day. The employer will endeavor to schedule full time employees to have two consecutive days off in a 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 then 8 hours per day or more or less then 40 hours per week. Over time shall continue to be paid in accordance with article 13.3 below.

13.3 The employer will pay overtime at the rate of time and one half of the employees basic rate of pay for all authorized hours worked in excess of forty four (44) hours per week.

13.4 a) An employee who reports to work at his or her regular time and is sent home because no work is available shall receive a minimum of three (3) hours paid at the appropriate hourly rate. The provision will not apply in circumstances beyond the reasonable control of the Employee. In the event that the employee does not want to stay at work the employee may voluntarily leave with out pay

b) In the case of staff meetings it is understood that the employee that is off duty and called in to attend a staff meeting, and attends the meeting, will be paid only for the time that they are in attendance at the meeting.

c) Notwithstanding the above, if the Employer does not need the services of a given employee on a given scheduled day, it must endeavor to notify the employee ptior to eleven (11) p.m. on the day before the scheduled stmiing time and tell the employee not to come to work. If the employee cannot be contacted for any reason, it will be deemed that the Employer made its best effort and therefore the Employer will not be in violation of 13.4 (a).·

d) Employees who cannot report for their scheduled shift will be required to notify their Manager or designate by at least eleven (11) p.m. on the day before the schedule starting time.

13.5 An employee must punch in and out in unifom1 when aniving to and departing from their work station._ An employee's working period shall commence at the employee's workstation, at the start of his/her shift and at the end of his/her break periods.

17

Downtown Markham Suites Collective Agreement November 151 2015

13.6 The Hotel Agrees to post by 4pm on Thursday, work schedules for the following week.

13.7 Employees will be entitled to one (1) thitiy (30) minute unpaid meal period per day. Such meal periods shall be taken at the direction of the Supervisor or designate and are subject to the requirements of client service.

13.8 Employees will be entitled to one (1) fifteen (15) minute break period for each four ( 4) hours of work. Such break periods shall be taken at the direction of the supervisor or designate and is subject to service requirements.

13.9 It shall be the sole responsibility of all employees to contact their Supervisor or designate to determine their weekly work schedules.

13.10 An employee who has completed his or her shift and has left the Employer's premises and is recalled because of an emergency will receive a minimum of three (3) hours pay at regular rate or the hours actually worked, whichever is greater.

18

Downtown Markham Suites Collective Agreement November 1st 2015

Article 14- Vacations

14.1 An employee having completed one (1) years service in the employ of the employer shall receive two weeks vacation with pay of four (4%) of the employee's eamed wages.

Any employee who has less than one year of completed service on the cutoff date of July 31 shall receive vacation pay for his or her completed months of service up to that date based upon 4 per cent of gross wages which includes overtime, eamed up to the end of the pay period closest to July 31. Any related vacation time for the period up to the cutoff date may not be scheduled until the employee has completed 12 months of service, unless the Employer and the employee agree otherwise.

14.2 An employee having completed five (5) years or more of service in the employ of the employer shall receive three (3) weeks vacation with vacation pay of six percent (6%) ofthe employee's eamed wages.

14.3 An employee having completed 10 years or more of service in the employ of the employer shall receive 4 weeks vacation with vacation pay of eight percent (8%) of the employees eamed wages.

14.4 For the purpose of determining the vacation to which an eligible employee is entitled, the fiscal year shall apply.( i.e. July 31st of each year). Vacation pay eamed is paid out during the last pay period of the fiscal period.

14.5 The employer shall schedule vacation under article 14. An eligible employee desiring to take his/her vacation at a particular time during this period should indicate his/her vacation request, in writing, using the Employer approved fonn which is to be delivered to his/her supervisor or designate. Vacation requests shall be considered in accordance with seniority providing the request is submitted by March 1st, of each year. After March 1st, 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 job classification. Client service shall be a primary consideration.

19

Downtown Markham Suites Collective Agreement November 151 2015

Article 15 - Benefits

15.1 a) The Company will continue to pay premium contributions on behalf of the employee as agreed upon by the parties, to the Ontario UFCW Health and Welfare Plan for each employee who has been regularly employed a minimum of twenty five (25) hours per week and has completed his or her probation period.

b) Upon the commencement of the first full pay period after December 1st 2015, the agreed upon ;monthly family premium previously in effect shall be increased by thirty five dollars (35) and the monthly single premium previously in effect shall also be increased by thirty five dollars (35). Thereafter, upon the commencement of the first full pay period in December in the subsequent years of the agreement the premiums shall both be increased as follows: $5.00 in 2016 and 2017 and $10.00 in 2018. The premiums shall be paid 95% by The Company and 5% by the employee. The Union agrees to the deduction of this employee premium from the wages of each employee.

15.2 The premium contribution payments shall be paid monthly and shall be used solely for the purpose of providing health, welfare, and death benefits and such other benefits as may be afforded to the eligible employees in accordance with this agreement.

15.3 In consideration for the premium contribution payments, the Union agrees to provide to each eligible employee upon the commencement of the second full month after the date of confirmation of union ratification, for the tenn of this agreement, a Union benefits plan which shall include basic term life insurance, extended health care coverage for drugs and supplementary medical coverage, and basic dental care coverage similar to all the insurance and coverages previously available under the Company benefit plan.

15.4 The Union agrees to supply each employee with infonnation respecting the Union benefits plan and the claims procedure.

15.5 The coverages and insurance provided in the Union benefits plan shall be set out in an Appendix to the collective agreement.

20

Downtown Markham Suites Collective Agreement November 1st 2015

Article 16- Training and Adm~nistration Allowance

"The Employer agrees upon the commencement of the first full pay period November 1st 2015 to pay to the union 20 cents per regular full-time hour worked as a training and administration allowance. This payment shall be monthly."

21

Downtown Markham Suites Collective Agreement November 181 2015

Article 17 -Workloads Room Attendant

17.1 Room Attendants shall be assigned Rooms on the following basis:

a) Under nonnal circumstances Room Attendants shall be required to clean sixteen (16) rooms per eight (8) hour shift.

b) If damage has been done to the room, which will necessitate a longer period of time spent cleaning it, housekeeping will notify the management and if not available, the housekeeping supervisor must be notified and will respond. If management and or housekeeping supervisor agree, only then will extra time be allocated for the housekeeping staff to complete the room.

22

Downtown Markham Suites Collective Agreement November 1st 2015

Article 18- General

18.1 Upon hiring an employee, the employer agrees to issue a copy of the employee handbook, which contains the Employer's mles and expectations for its employees. Also, the Employer will issue a copy of the current Collective Agreement to all new and existing employees once it is available after the signing of this agreement. The cost of printing the collective agreement will be equally shared between the employer and the union.

18.2 Employees shall be paid as per current pay periods established by Employer. The Employer will provide a separate or detachable itemized statement with each pay cheque or direct deposit, at a bank of the employee's choice, where possible, showing the number of hours at straight time, over-time, the wage rate, vacation pay and itemized deductions from the amount eamed. It is understood that all bargaining unit employees must participate in the direct deposit payment method.

18.3 In this Agreement, words using the feminine and masculine gender are not intended to be gender specific and are used interchangeably throughout this agreement.

18.4 It is the sole responsibility of the employee to keep the Employer infonned of his/her current personal infonnation, such as his or her address, benefits infonnation, etc. The employer shall not be responsible financially or otherwise either to the Union or to any employee, for the employee's failure to infonn the Employer of the current personal infonnation.

18.5 All employees 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 tenninates his/her employment regardless of seniority or the other conditions.

18.6 There will be no duplication ofbenefits or pyramiding of wages and holidays or of Premiums covered by this agreement.

18.7 The employer may require a Doctors Note, from employees retuming to work, only after three (3) or more consecutive days. Where there has been found to have been abuse, the Employer may require such Doctor's note, in occurrences less then three (3) days.

23

Downtown Markham Suites Collective Agreement November 1st 2015

Article 19-Hourly Wage Rates

19 .1. Please refer to the wage rates provided in the appendix.

24

Downtown Markham Suites Collective Agreement November 151 2015

Article 20 - Leaves of Absence

20.1 Union Leaves: The Employer shall grant an unpaid leave of absence of no more than five (5) days per year to no more than one (1) employee from the bargaining unit, who is selected to attend Labour Conventions or to serve on any official Union business as long as it does not interfere with the day-to-day operation of the business. The Employer shall be given fomieen (14) days notice, in writing, and shall not incur any cost whatsoever in relation to the attendance or for such pennission being granted. The employee will suffer no loss of rights fonnerly enjoyed before such leave was granted.

20.2 Special leave of absence without pay up to six (6) months, without loss of seniority or loss of any rights and privileges may be requested for valid personal reasons and granted at the Employer's sole discretion. Applications for leave under this article showing date of commencement, duration of leave, date of return and the reason for the leave, must be given to the Manager or designate in writing at least four ( 4) weeks before the leave is to be taken. The Manager or designate will reply in writing to the employee within ten (1 0) days after receipt of the request for said leave.

20.3 It is understood between the parties that an employee who works for another Employer while on leave of absence, as herein provided, shall be deemed to have quit his/her employment with the Employer and lost all seniority as of the date · that the other work commenced unless such pennission has been granted in writing by the Employer in advance of commencement of said leave.

20.4 Bereavement Leave

In situations where a leave is required, an employee must notify his or her supervisor as soon as possible. A full time employee who has successfully completed the probationary period shall be allowed up to (3) three consecutive days of paid leave in the event that death occurs in the immediate family. Immediate family is defined as spouse (which includes common law and same sex partners), son and daughter, mother, father, brother, sister, grandparents, mother/father in law. In order to attend a funeral of other family members, i.e. Aunt, uncle, cousin, etc. an employee will be allowed one (1) day leave with out pay. If requested, an employee must be able to furnish satisfactory proof of death. If there are extenuating circumstances, i.e. the funeral is out of town, the employee may be allowed additional time off without pay, with prior company approval. In these cases, the employee may be requested to furnish satisfactory proof of death and, or travel documents.

20.5 In the event that an employee cannot attend a funeral of any of the immediate family, as described in 20.4, the employer shall grant 1 day leave of absence with pay in the death of a spouse, brother, sister, mother, father, son or daughter.

25

Downtown Markham Suites Collective Agreement November 1st 2015

Article 21- No Strike no lockout

21.1 The Union agrees while the agreement is in the force there will be no strikes, slow down, sit downs, stoppages off work, or demonstrations intended to interfere with work or the Company's operations. The Company agrees that there will be no lock-outs while the agreement is in force.

26

Downtown Markham Suites Collective Agreement November 1st 2015

Article 22 - Uniforms

22.1 Where the Employer required employees to wear unifonns (including special of clothing), the Employer shall supply and repair the same at no expense to the The employee will be responsible for the care of the supplied unifonn.

27

styles employee.

Downtown Markham Suites Collective Agreement November 1st 2015

Article 23 - Paid Holidays

23.1 Because of the nature of the work required, the employer will schedule some employees to work a regular day on the holiday. This shall be paid at the nonnal rate.

For each of these employees the employer will schedule another day off work without loss of pay, in lieu ofthe holiday. This day off shall be scheduled by the employer within 3 months of the holiday unless the employer and the employee agree to a later date.

Each year for the period of the Collective Agreement:

Labour Day Thanks giving Christmas Day Boxing Day New Years Day Good Friday Victoria Day Canada Day Family Day

23.2 An otherwise eligible employee who is scheduled to work on one of the designated holidays, but does not report to work shall forfeit his/her holiday pay for that particular day.

23.3 When any of the holidays are observed during an employee's vacation period, shall receive holiday pay in accordance with Article 23.1.

he/she

23.4 Effective November 1 s\ 2015 for all full time employees who have completed 12 months of continuous full time service, the employer will arrange an additional day off without loss of regular pay during the next 12 months to be scheduled at a time mutually agreed upon by the employer and employee. The employer shall be given fourteen (14) days notice, in writing.

28

Downtown Markham Suites Collective Agreement November 1st 2015

Article 24 - Duration

24.1 This Agreement shall be effective from November 15\ 2015 to October 31 5

\ 2019 and thereafter, from year to year unless either party gives written notice of tennination to the other party not more than 90 days nor less than 60 days plior to October 31 5

\ 2019.

The Company The Union

29

Downtown Markham Suites Collective Agreement November 1st 2015

Labor Management Committee

The parties agree to the fonnation of a Labor Management Committee. The committee should be composed of two members from the bargaining unit and two members from management.

At the written request of either party, the committee will meet at a mutually convenient time. The committee will not discuss issues or matters that maybe the subject of a grievance or within the jurisdiction of the Health and Safety Committee. It is understood that there should not be any more than two such committee meetings annually.

Either party may have an outside resource person present at these meetings.

30

Downtown Markham Suites Collective Agreement November }51 2015

Monte Carlo Inn - Downtown Markham Wage Grid

Year 1 November 2015-1% Effective Date Stmi 6-Months 1-Year Housekeeping $11.79 $12.29 $12.86 Front Desk $12.32 $12.83 $13.39 Night Audit $12.86 $13.36 $13.93 Maintenance $13.93 $14.43 $15.00

Year 1 May 2016-1% Effective Date Start 6-Months 1-Year Housekeeping $11.91 $12.41 $12.99 Front Desk $12.44 $12.96 $13.52 Night Audit $12.99 $13.49 $14.07 Maintenance $14.07 $14.57 $15.15

Year 2 November 2016-1.25% Effective Date Start 6-Months 1-Year Housekeeping $12.06 $12.57 $13.15 Front Desk $12.60 $13.12 $13.69 Night Audit $13.15 $13.66 $14.25 Maintenance $14.25 $14.75 $15.34

Year 2 May 2017-1.25% Effective Date Start 6-Months 1-Year Housekeeping $12.21 $12.73 $13.31 Front Desk $12.76 $13.29 $13.86 Night Audit $13.31 $13.83 $14.43 Maintenance $14.43 $14.93 $15.53

Year 3 November 2017-1.25% Effective Date Stmi 6-Months 1-Year Housekeeping $12.36 $12.89 $13.48 Front Desk $12.92 $13.46 $14.03 Night Audit $13.48 $14.00 $14.61 Maintenance $14.61 $15.12 $15.72

31

Downtown Markham Suites Collective Agreement November 151 2015

Year 3 May 2018-1.25% Effective Date Start 6-Months 1-Year Housekeeping $12.51 $13.05 $13.65 Front Desk $13.08 $13.63 $14.21 Night Audit $13.65 $14.18 $14.79 Maintenance $14.79 $15.31 $15.92

Year 4 November 2018-1% Effective Date Start 6-Months 1-Year Housekeeping $12.64 $13.18 $13.79 Front Desk $13.21 $13.77 $14.35 Night Audit $13.79 $14.32 $14.94 Maintenance $14.94 $15.46 $16.08

Year 4 March 2019-1% Effective Date Start 6-Months 1-Year Housekeeping $12.77 $13.31 $13.93 Front Desk $13.34 $13.91 $14.49 Night Audit $13.93 $14.46 $15.09 Maintenance $15.09 $15.61 $16.24

Year 4 July 2019-1% Effective Date Start 6-Months 1-Year Housekeeping $12.90 $13.44 $14.07 Front Desk $13.47 $13.04 $14.63 Night Audit $14.07 $14.60 $15.24 Maintenance $15.24 $15.77 $16.40

* All employees at or above these rates shall receive a 1% increase every 6 month period for year 1 and 1.25% increase every 6 month period for year 2-3 and 1% increase every 4 months for period 4. *Part-time employees shall achieve 6 months and 1 year on the on the grid upon the completion of 1040 and 2080 regular hours respectively.

32

) •. r

Downtown Markham Suites Collective Agreement November 1st 2015

33