c.o.b. - Ontario and Food...COLLECTIVE AGREEMENT between ESPARTEL INVESTMENTS LIMITED c.o.b. RAMADA...

COLLECTIVE AGREEMENT

between

ESPARTEL INVESTMENTS LIMITED

c.o.b.

RAMADA HOTEL & SUITES (the "Company")

and

COMMUNICATIONS, ENERGY & PAPERWORKERS UNION OF CANADA,

Local 2003 (the "Union")

April 1, 2013 - March 31, 2017

ps/cope-343

Table of Contents

ARTICLE 1- PURPOSE ............................................................................ 1

ARTICLE 2 ~ RECOGNITION & SCOPE .................................................... 1

ARTICLE 3 - MANAGEMENT RIGHTS ...................................................... 2

ARTICLE 4- RELATIONSHIP ................................................................... 3

ARTICLE 5- UNION SECURITY ................................................................ 4

ARTICLE 6- SHOP STEWARD ................................................................ 6 6.07 Negotiating Committee: .................................................................................................. 7 6.08 Educational Seminars ...................................................................................................... 7

ARTICLE 7- STRIKES AND LOCK-OUTS ................................................. 8

ARTICLE 8- SENIORITY .......................................................................... 8 8.02 b) Reduction of Working Hours ...................................................................................... 9 8.03 Probation Period ............................................................................................................ 10 8.04 Seniority Lists ............................................................................................................... 11 8.06 Pennanent Transfers ..................................................................................................... 11 8.07 Temporary Transfers ..................................................................................................... 11

ARTICLE 9- GRIEVANCE PROCEDURE ............................................... 12 9.07 Union Grievance: .......................................................................................................... 13 9.08 Management Grievance: ............................................................................................... 14

ARTICLE 10- ARBITRATION ................................................................. 14 10.01 Arbitration Procedure ................................................................................................ 14 Selection of Single Arbitrator ................................................................................................... 14 10.02 Arbitration Expenses ................................................................................................. 15 10.03 Decision of Arbitrator ............................................................................................... 15 10.04 Access to Employees ................................................................................................ 15 10.05 Time Limits ............................................................................................................... 15

ARTICLE 11 -DISCIPLINE AND DISCHARGE CASES ........................... 15

ARTICLE 12- LEAVE OF ABSENCE ...................................................... 16 12.05 Bereavement Leave: .................................................................................................. 17 12.06 Jury Duty: .................................................................................................................. 17

i

ARTICLE 13- HEALTH AND WELFARE ................................................. 18 13.01 Sick Days: ................................................................................................................. 18 13.02 Medical Certificate: .................................................................................................. 18 13.03 Return to Work: ........................................................................................................ 18 13.04 PersonalGroomingandHygiene: ............................................................................. 18

ARTICLE 14 - HEALTH AND SAFETY ..................................................... 19

ARTICLE 15 - GENERAL ......................................................................... 19 15.01 Bulletin Boards: ........................................................................................................ 19 15.02 Severability and Enforceability: ............................................................................... 19 15.03 Joint Union Managetnent Meetings: ......................................................................... 20

ARTICLE 16 -SUBCONTRACTING ........................................................ 20

ARTICLE 17- UNIFORMS, TOOLS, EQUIPMENT AND LOCKERS ........ 20

ARTICLE 18 - HOURS AND OTHER WORKING CONDITIONS .............. 21 18.03 Reporting Pay: .......................................................................................................... 22 18.04 Overtime ................................................................................................................... 22 18.12 Period of Rest: ........................................................................................................... 24 18.13 Corkage Fee: ............................................................................................................. 24 18.14 Tour Baggage: ........................................................................................................... 24 18.15 Work Schedules: ....................................................................................................... 25 18.16 Night Shift Pretnium: ................................................................................................ 25 18.17 Cot Set-up and Take-down Paytnent: ....................................................................... 25 18.18 Meals: ....................................................................................................................... 25

ARTICLE 19- BANQUET DEPARTMENT ............................................... 26 19.02 a) Gratuities ............................................................................................................. 26

ARTICLE 20- VACATION PRIVILEGES .................................................. 27

ARTICLE 21 -WAGE SCHEDULE ........................................................... 29

ARTICLE 22- HOLIDAYS: ....................................................................... 29

ARTICLE 23- TERMINATION OR MODIFICATION ................................. 30

SCHEDULE "A"- Wages and Classifications ........................................... 32 SCHEDULE "B" - JOB DESCRIPTION ..................................................... 33 SCHEDULE "C"- Benefits ........................................................................ 44 LETTER OF UNDERSTANDING- HOUSEKEEPING .............................. 49 LETTER OF UNDERSTANDING- GRANDPARENTING BENEFITS ....... 50

ii

ARTICLE 1 - PURPOSE

1.01 The general purpose of this agreement is to establish mutually satisfactory relations between the parties, to provide methods for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement.

For the purpose of this agreement, as appropriate, masculine may be read to mean feminine, and singular to mean plural, and vice versa in each case.

ARTICLE 2 - RECOGNITION & SCOPE

2.01 The Hotel recognizes the Union as the exclusive bargaining agent of all employees of the hotel at 300 Jarvis Street, Toronto, save and except supervisors, persons above the rank of supervisor, office and accounting staff, security staff and students employed for the summer period.

2.02 For the purpose of this agreement:

a. "Full-time" employees shall mean all employees who regularly work in excess of twenty-four {24) hours per week;

b. "Part-time" employees shall mean all employees who regularly work not more than twenty-four {24) hours per week.

2.03 In the event that the Hotel introduces a new classification that is not listed under Article 21 - Classification and Rates of Pay and that the new classification is below the managerial line described in 2.01 above, the Hotel shall include the new classification and notify the Union of the rate payable at least seven {7) days prior to the commencement of the classification. The Union may, within ten {1 0) days of being notified, file a Union grievance in respect ·of the rate, commencing at Step 2 of the grievance procedure set out in Article 9.04.

2.04 Articles 20 & 22 shall not apply to part-time employees unless otherwise specified therein or unless otherwise provided for by the Employment Standards Act, 2000 as amended from time to time.

1

2.05 Employees who are excluded from the scope of the bargaining unit shall not perform bargaining unit work except:

a) in cases of emergency, or b) when a regular employee has been scheduled but is not readily

available.

Any work undertaken by non bargaining unit employees other than stipulated in 2.05 a) or 2.05 b) shall be for instruction or experimentation only, and shall in no event reduce the regular hours of work for any employee in the bargaining unit.

2.06 The Hotel shall provide all new employees with a job description, outlining the duties and responsibilities of their position. Job descriptions shall be appended to this Agreement as Appendix "8".

2.07 The Hotel shall ensure that any persons hired to positions which fall within the scope of the bargaining unit, resulting from the creation of new work areas shall be assigned appropriate rates of pay and other benefits of the agreement for the classifications concerned. The Hotel and the Union shall only agree on such matters in consultation with the Union Stewards. Any such additions or changes shall be appended to this Collective Agreement.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that the Hotel shall continue to reserve all rights, powers and authority to manage the Hotel and to direct the working forces. Without restricting the generality of the foregoing, the exercise of such rights by the Hotel shall include the right to:

a. maintain order, discipline and efficiency;

b. hire, transfer, promote, demote and, with just cause, to suspend, discipline or discharge employees; to increase and decrease the working forces in a manner consistent with the terms of this Agreement, and to instruct and direct employees in their duties and responsibilities.

c. plan, direct and control operations and schedules of work; determine the number of personnel required from time to time, determine the

2

number and location of the facilities, determine the quality of service and processes, work and production, standard of performance, and to determine where, in what manner, at what time and under what conditions employees in the bargaining unit perform their duties; to select, procure and control supplies, material, products and produce; to determine the extension, limitation, curtailment or cessation of operations; to subcontract or make necessary arrangement due to a change in the Hotel's policies;

d. issue and enforce from time to time reasonable rules and regulations in order to assure the successful operation of its business. These rules and regulations shall be discussed with the Union prior to implementation, breaches of such rules and regulations by an employee may be cause for disciplinary action; and

e. control the use of buildings, equipment, utensils, machinery, tools, material, instruments, clothing, uniforms and all other articles or things belonging to the Hotel.

3.02 It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the terms of this agreement and it is understood that a claim by an employee or employees that the Hotel has so exercised these rights shall be proper subject matter for a grievance.

ARTICLE 4 - RELATIONSHIP

4.01 The Hotel and the Union agree that there will be no discrimination, interference or restraint exercised and/or practiced by them, their representatives or members because of an employee's union activity.

4.02 The Union undertakes that no union activity shall be carried on in the premises except as otherwise provided herein with respect to visits by Union officials.

4.03 Properly authorized representatives of the Union shall be permitted to enter the premises at all reasonable times for the purpose of interviewing employees and investigating working conditions that may affect the members. Notice upon entering shall be given to a representative and will in no way interfere with the duties of an employee or bearing in mind that

3

Union representatives have regular duties to perform on behalf of all parties to this Collective Agreement.

4.04 The Hotel and the Union agree to co-operate in ensuring compliance with the provisions of the Ontario Human Rights Code, including the provisions which prohibit discrimination and racial or sexual harassment.

The parties agree that harassment, which is prohibited by the Code, is a serious offence and may subject an employee to disciplinary action, up to and including discharge.

4.05 The parties agree that there is a duty to accommodate employees as provided for under the Human Rights Code. The parties also agree that accommodation is a joint process involving the Hotel, the Union and the individual requiring accommodation.

ARTICLE 5 - UNION SECURITY

5.01 The parties agree to a compulsory dues check off (including initiation fees, union dues and assessments) for all employees within the scope of this Agreement.

The Employer shall deduct from the first pay in each month from all present and future employees such monthly dues as are uniformly levied upon all members of the Union in accordance with its constitution and by-laws. The amount of such dues shall be certified to the Employer by the SecretaryTreasurer of the Union.

5.02 The Employer agrees to remit such deducted monies no later than the 20th day of the month in which such dues are deducted to the SecretaryTreasurer of the Union, along with a check off listing the employees for whom the deductions were made, the employees' respective classifications, social insurance number, department, wage rate, and current addresses and telephone numbers, and if no deductions are made, the reasons for such failure to deduct.

5.03 All employees will, as a condition of employment, be required to join the Union. Upon presentation of a duly signed application for a Union membership card, the Employer agrees to deduct the amount of the Union initiation fee from wages of the respective employee and to remit such

4

amount along with the application card to the Union not later than the 20th date of the following calendar month. The current initiation fees are twentyfive dollars ($25.00) but may be amended as required by the Union from time to time.

5.04 All bargaining unit employees must become and remain a member in good standing in the union as a condition of employment. Upon receipt by the Employer of written advice from the Union that an employee is not in good standing with the Union, the Employer shall immediately terminate the employee from their employment. 'Good Standing', for the purposes of this section shall only relate to the authorization and payment of union dues, fees and reasonable assessments.

5.05 The amount of Union dues deductions made yearly and initiation fees paid shall be recorded by the Employer on the employees' T-4 slips for income tax purposes.

5.06 On request and with reasonable notice, the Employer will allow the Union to access payroll records, schedules, sign-in and sign-out sheets and any other information reasonably required to satisfy the Union that dues and initiation fees are being deducted correctly.

5.07 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.

5.08 The Hotel will administer its employer rating plan to promote the development of employees, and not in any way as a means to undermine the collective bargaining position of the Union.

5.09 The Hotel and the Union agree that no officers of the Hotel or employees may enter into any contract inconsistent with this agreement. Any amendments or changes as outlined in this agreement during its term shall be incorporated only by mutual consent of the parties hereto. It is agreed that the Union will not prevent the Hotel from maintaining an adequate and qualified workforce, service to the guests, or infringe on management's rights clauses as set out in this agreement.

5

ARTICLE 6- SHOP STEWARD

6.01 The Hotel acknowledges the right of the Union to elect, appoint or otherwise select three (3) stewards, one of whom shall be the Chief Shop Steward for the Hotel, to assist employees in presenting their grievances to the representatives of the Hotel.

6.02 It is mutually agreed that employees shall not be eligible to serve as stewards or members of the Union committee until after they have completed their probationary period.

6.03 The Union will inform the Hotel in writing of the identity of the stewards and the Hotel shall not be obliged to recognize such stewards until it has been so informed.

6.04 Upon commencement of their employment, the Hotel shall acquaint new employees with the fact that a Collective Agreement is in effect and introduce new employees to the Union Steward. The Hotel agrees to provide the Union Stewards with one copy of the Collective Agreement for each employee in the bargaining unit at the time of hire. The Employer further agrees to provide copies of successive Collective Agreements to all employees once per contract term.

6.05 The Union acknowledges that stewards, members of committees and Union officers employed by the Hotel have regular duties to perform on behalf of the Hotel, and that such persons will not leave their regular duties without obtaining permission of their department head, and will give any reasonable explanation which may be requested with respect to their absence.

6.06 When a steward, member of committee, or Union officer employed by the Hotel is temporarily absent as provided for in paragraph 6.04, or for grievance meetings or negotiating meetings with the Hotel up to but not including conciliation, he shall receive his regular straight time rate of pay during the period of absence, provided that no pay shall be received for time spent outside regularly scheduled hours.

6

6.07 Negotiating Committee:

The Hotel acknowledges the right of the Union to elect, appoint or otherwise select a negotiating committee of not more than three (3) employees, as well as full-time business representatives of the local Union, who shall be presently employed in the trade, and will recognize and deal with the said committee with respect to any matter which properly arises from time to time during the term of this agreement, and the said committee will co-operate with the Hotel in the administration of the agreement.

Any amendments to this agreement during its current term shall only be incorporated by mutual consent of the Union and the management committees.

It is clearly understood that the negotiating committee is a separate entity, and will deal with such matters as are properly the subject of negotiations, including proposals for the renewal or modification of this agreement at the proper time as provided for herein.

6.08 Educational Seminars

Each steward shall be granted up to three (3) hours per month every month non accumulative for educational seminars. The Employer will compensate such employees for time, at their regular rate of pay. The Union will provide the Hotel at least two (2) weeks written notice of the request for leave. Such leave shall not unreasonably be withheld. The Hotel agrees to supply the meeting room, at no charge, subject to availability.

Time to attend educational seminars, training, conferences or conventions. The Employer will then invoice the Local Union, the Local Union shall remit payment for the loss time within 30 days of receiving such invoice.

6.09 Union stewards appointed in accordance with the provisions of the collective agreement shall not be sent home or laid off because of lack of work so long as they are capable and have the skill and ability to perform any work available in their respective departments. For the purpose of this clause, "departments" are set out as follows: Housekeeping; Kitchen; Banquet; Front Desk and Maintenance.

7

ARTICLE 7- STRIKES AND LOCK-OUTS

7.01 In view of the orderly procedures established by this agreement for the settling of disputes and the handling of grievances, the parties agree that there shall be no strikes or lockouts as defined under the Ontario Labour Relations Act during the term of this Collective Agreement.

7.02 The Union further agrees that it will not involve the Hotel in any dispute which may arise between any other employer and the Union and the employees of such other employer.

7.03 The Hotel, whenever possible, will provide safe working conditions in the event of any dispute that may arise between any other employer and Union during the life of the agreement. Subject to the above, employees will work each and every scheduled work day occurring during this agreement regardless of any labour dispute or problems confronting the Hotel or any other employer.

ARTICLE 8 - SENIORITY

Purpose:

The purpose of seniority is to afford preference to senior employees in recognition of their length of service with the Hotel. Seniority is intended to provide maximum work opportunity to senior employees, subject to the provisions of this clause.

The employer shall determine whether or not a probationary employee is to be retained in employment on the standard of suitability, which shall be determined at the employer's discretion, provided that the employer does not act in a manner which is arbitrary, discriminatory or in bad faith.

8.01 a) Classification seniority in the department shall apply to matters related to the job. The applications of this type of seniority are as follows:

• Reduction of working hours • Selection of available days off (if requested with sufficient notice -

minimum 2 weeks in advance) • Promotion and demotion (subject to article 8.02)

8

• Selection of shifts subject to the right of the Hotel to establish schedules of work as set out in Article 3

• Temporary transfers to a higher paid job, as set out in article 8.10 lay-off and recall, as set out in article 8.02 b

8.01 b) Hotel seniority shall be based on the length of services with the Hotel from the last date of hire.

8.01 c) Part-time employees have seniority only within the part-time classifications. Part-time employees are subordinate to full-time employees.

8.01 d) In the event of a closure or sale (as defined in the Ontario Labour Relations Act) of a food and beverage facility, the Hotel will endeavour to place affected employees, in order of their classification and seniority, in another food and beverage department in the Hotel, prior to having a new employee or promoting a part-time employee, provided that the senior employee has the skill and ability to do the work involved.

8.02 a) When promotions or demotions are made, or vacancies occur within the staff covered by this agreement, seniority, skill, competence, efficiency and reliability shall be the determining factors. Where skill, competence, efficiency and reliability are equal, seniority shall be the governing factor.

8.02 b) Reduction of Working Hours

Provided there are employees capable of performing the work in the classification in the department concerned, the following lay-off or cutback procedures of employees in the classification concerned shall apply in reverse order of seniority. For the purposes of layoff and recall, Bistro (restaurant) and Banquets will be treated as one department.

Employees on probation in the classification and part-time employees in the classification shall be laid off first. Full-time employees in the classification shall be laid off in reverse order of seniority.

In the case of lay-off, in any one department, for a period of seven (7) days, the employee with the most seniority will have the right to bump the employee with the lesser seniority in an equal or lower classification,

9

provided he or she is willing to do the job, and has the skill, ability and efficiency to do the job. When an employee is bumped from a higher rated classification to a lower one, the lower rate will apply. The employee must notify management of their intention to bump within fourteen (14) days of their layoff.

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

An employee shall lose all seniority and his employment shall be deemed terminated if he is laid off or in a period in excess of fifty-two (52) weeks.

8.02 c) When the restaurant is running with reduced hours of work, despite anything else in the Collective Agreement, the parties confirm their practice of scheduling restaurant employees to the Banquet Department as banquet business levels dictate. In addition, if senior employees wish to, they will be scheduled prior to less senior Banquet employees provided employees have the skill and ability to perform the applicable work. Senior employees who wish to be scheduled on the Banquet schedule, or taken off the banquet schedule, must advise management. Thereafter, management will schedule these employees to Banquet work unless notified not to do so by the employee. Employees who wish to be scheduled, or taken off the Banquet schedule, must advise management at least seven (7) calendar days prior to management preparing the schedule for the following week.

8.03 Probation Period

New employees will be considered probationary employees for the first fifty (50} working days or three (3) months whichever is less. It is recognized that a period of probation is a period during which the Hotel has the right to access an employee to determine whether or not the employee is suitable for continued employment with the Hotel. Suitability is recognized as a lesser standard than just cause, and shall be determined in the sole discretion of the Hotel, provided that the Hotel does not make its determination in a manner which is arbitrary, discriminatory, or in bad faith.

10

8.04 Seniority Lists

Separate seniority lists will be established for Full time, Part time employees for each department and supplied to the Union. An employee can obtain seniority on only one list at a time. Seniority lists will be posted and sent to the Union office every six (6) months, showing house, department and classification seniority. The list provided to the Union shall contain the above information as well as social insurance number, address and telephone number.

8.05 If, due to a shortage of work, a full-time employee's status, is changed to that of a part-time employee, no new full-time employee shall be hired in that classification until those reclassified as part-time are returned to their full-time status in the department concerned. Records of employment will be issued in accordance with the Employment Insurance Act.

8.06 Permanent Transfers

When an employee is transferred to another department in the bargaining unit, he or she shall retain house seniority. Unless the transfer is of a temporary nature for one month or less, he/she must start accumulating seniority in the new department. When the transfer is of a temporary nature, the seniority for that employee will continue to accumulate in the original classification and I or department during the employee's absence.

8.07 Temporary Transfers

Employees temporarily assigned to a higher rated classification in excess of 60 consecutive minutes (one hour) per day shall be paid the higher rate for all hours worked in the higher rated classification. Employees temporarily assigned to a lower rated classification for the convenience of the Hotel shall not have their rate reduced.

8.08 An employee's employment shall be deemed terminated from the hotel if the employee:

(i) quits or voluntarily resigns; (ii) is discharged for cause and is not reinstated through the

grievance procedure;

11

(iii) is absent from work for more than three (3) working days without properly calling in;

(iv) overstays an authorized leave of absence without providing a satisfactory reason to the Hotel;

(v) uses an authorized leave of absence other than that, for which it was granted;

(vi) fails to signify his/her intention to work within seven (7) calendar days of being recalled by registered mail from lay-off, and then fails to report for work within fourteen (14) calendar days of recall, unless a satisfactory reason is given to the Hotel within the fourteen (14) day period.

Employees must notify the Hotel and the Union of any change of address during the life of this agreement.

ARTICLE 9 -GRIEVANCE PROCEDURE

9.01 For the purpose of this agreement, "working days" shall mean Monday to Friday inclusive, not including Holidays or other days on which the Employer's office premises are closed.

9.02 A grievance is defined as a question involving the application, interpretation, administration or alleged violation of any of the provisions of this agreement.

9.03 It is a mutual desire of the parties hereto that complaints of the employees shall be adjusted within five (5) days of incident and it is generally understood that an employee has no grievance until he or she has first given his department head an opportunity of adjusting his or her complaint and he or she shall be accompanied by his or her department steward if he or she requests such assistance.

9.04 Any grievance not processed within the specified time limits provided in Article 9 and Article 1 0 shall be deemed to have been abandoned by the party filing the grievance. If the responding party fails to reply within the time limits, the grievance shall be deemed to have moved to the next step.

9.05 If such complaint or question is not settled to the satisfaction of the employee concerned within twenty-four (24) hours or within any longer

12

period which may be mutually agreed at the time, then the following steps of the Grievance Procedure may be invoked in order.

9.06 A grievance by an employee shall be processed in the following manner:

Step No.1

The steward shall state the grievance of the employee, or employees in writing, and shall deliver a copy to the immediate department head of the employee concerned. After such discussion as is necessary, the department head shall state his or her decision or his or her refusal to make a decision in writing with appropriate reasons, and deliver a copy to the steward within twenty-four (24) hours, or a time mutually agreed upon.

Step No.2

A meeting shall take place between the National Representative and the General Manager together with other management representatives as soon as mutually practicable. If the grievance is not then settled to the satisfaction of both parties within a period of forty-eight (48) hours, or within any longer period as may be mutually agreed at the time, at the request of either party to this agreement the grievance may be referred to arbitration.

If arbitration is to be invoked, the request for arbitration must be made in writing twenty (20} days after the grievance has been dealt with within Step No.2.

9.07 Union Grievance:

If an employee or group of employees has a complaint or grievance, but fails to take up the complaint or grievance or exercises the general grievance procedure the Hotel acknowledges the Union's right to make representation on their behalf, within a thirty (30) day period of such incident.

If such complaint is not settled to the mutual satisfaction of the conferring parties, it may be referred to arbitration in the same way as the steps of the grievance procedure of an employee.

13

All preliminary steps of the grievance procedure prior to Step No. 2 will be omitted in such cases.

9.08 Management Grievance:

It is understood that the management may bring forward at any meeting held with the Union representative any complaint with respect to the conduct of the Union, its officers, representatives, or stewards; and that if such complaint by management is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of any employee.

It is agreed between the parties that it will not be necessary to hold regular meetings, provided that the parties may mutually agree to hold a special meeting at any time.

ARTICLE 10- ARBITRATION

10.01 Arbitration Procedure

(a) Failing settlement under the foregoing Grievance Procedure of 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, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within twenty (20) days after the decision at Step #2 of the Grievance Procedure is given.

(b) No matter may be submitted to Arbitration which has not been properly carried out through the prescribed steps of the Grievance Procedure contained in this Agreement.

Selection of Single Arbitrator

(a) When either party requests that a grievance be submitted to Arbitration, it shall make such request in writing addressed to the other Party and, at the same time, propose a Single Arbitrator to hear the dispute. Within five (5) working days thereafter, the other party shall respond to the proposed Single Arbitrator, by either accepting the Arbitrator nominated or proposing an alternate Single Arbitrator. If the Parties are unable to agree on an

14

Arbitrator within ten (1 0) working days of the exchange of proposed Arbitrators, either Party may request the Minister of Labour to appoint a Single Arbitrator.

(b) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

1 0.02Arbitration Expenses

The expense of the arbitrator shall be borne equally by the Union and the Employer and each of the Parties shall bear the cost of their own representatives and witnesses.

10.03 Decision of Arbitrator

The proceedings of the arbitration shall be expedited by the Parties hereto, and the decision of the Single Arbitrator shall be final and binding upon the Parties hereto.

1 0.04Access to Employees

At any stage of the Grievance Procedure, including Arbitration, the conferring Parties may have the assistance of the Employee or Employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances.

1 O.OSTime Limits

The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them.

ARTICLE 11 - DISCIPLINE AND DISCHARGE CASES

11 .01 A claim by an employee that he or she has been unjustly suspended or discharged from his or her employment shall be treated as a grievance, starting at Step No. 2 provided such grievance is lodged with the General Manager within seven (7) working days following the employee's suspension or discharge. All preliminary steps of the grievance procedure

15

prior to Step No. 2 will be omitted in such cases. This provision is to be read subject to Article 8.03 in cases of probationary employee releases from employment.

11.02Whenever possible, and so long as it does not unreasonably interfere with or jeopardize the proper operation of the Hotel, an employee who has been discharged without notice should have the opportunity to meet with a steward for a reasonable period of time prior to leaving the Hotel premises.

11.03A disciplinary or discharge notice issued to an employee must contain information and reasons for which the notice is issued. Such a notice shall be issued to an employee as soon as the Hotel becomes aware of the event(s) leading to the notice, and has a reasonable period of time in which to investigate the matter. The notice shall be signed by a management representative, and the employee will be required to sign the notice as acknowledgement of receipt of the same, but not as an admission of guilt. The employee has the right to request the presence of a steward at any disciplinary discussion or meeting and shall be advised by management of this right. Whenever practicable, such a discussion or meeting should take place during an employee's regularly scheduled hours of work.

11.041f an employee requests her disciplinary record, she shall be provided with a copy of such file within two (2) working days.

11.05Employee discipline will not be relied on by the Company after twenty four (24} months, following the date on which the events giving rise to the discipline occurred.

ARTICLE 12 - LEAVE OF ABSENCE

12.01 Leave of absence without pay and benefits as herein provided shall be in writing and granted at the Hotel's discretion. Any person who is absent with written permission shall not be considered laid off and his seniority shall continue to accumulate.

12.02Request for leave of absence must be made in writing to the Manager at least two (2) weeks prior to the desired date of commencement of such leave and must indicate the length of leave requested and the reason for requesting the leave. The Hotel's reply will be given to the employee in writing within seven (7) days following receipt of the request.

16

12.03Employees on leave of absence will not use the time granted for purpose other than the reason declared in the request, as accepted by the Hotel. In particular, and without limiting the generality of the foregoing, an employee may not do unauthorized work for another employer while on a leave of absence. Violation of this paragraph will be just cause for discharge, provided that proof of such other employment can be produced by the Hotel.

12.04Any employee elected or appointed to a full-time executive position within the Union will be granted a leave of absence without pay and benefits as herein provided for a period of one (1) year.

12.05 Bereavement Leave:

Employees shall be entitled to receive bereavement leave allowances within a reasonable time as follows:

a. Three (3) consecutive working days leave of absence without loss of regular pay in the event of the death of a spouse, common-law spouse and I or partner, child, parent, sister, brother, mother-in-law, father-in-law, grandchild, or grandparent.

b. In order to qualify for the foregoing death allowance, employees must supply proof by way of doctor's certificate or newspaper clipping. Department heads must be promptly notified.

c. In the event of a death in the family, employees upon request will be allowed up to three (3) weeks of unpaid leave.

12.06Jury Duty:

Full-time employees serving as jurors will continue to receive normal pay for regularly scheduled hours while absent from work. The employees will present proof of service and will turn over to the Hotel the payment excluding traveling, meals and other expenses they receive for said jury services.

17

ARTICLE 13- HEALTH AND WELFARE

13.01 See Schedule "C"

13.01 Sick Days:

Full time employees as defined in Article 2.02 shall be entitled to one hundred ($1 00.00) dollars, with a maximum of two hundred ($200.00) dollars of sick pay each year of the collective agreement.

13.02 Medical Certificate:

An employee who is absent from work and claiming to be injured or ill may be required by the Hotel to provide a medical certificate which would indicate the reason for absence and the probable date of return to work. The Hotel can request a medical certificate for any absences due to claims of illness or injury after five (5) working days. In the event that a frequent pattern of absence occurs, the Hotel retains the right to request a medical certificate at any time. As well, the Hotel retains the right to require such a certificate from time to time during an extended absence.

An employee who is required by the hotel to submit to a medical examination during working hours shall be paid at his or her straight hourly rate for a reasonable amount of time spent in attending to such examination. The Hotel shall pay for the cost of such medical examination.

13.03 Return to Work:

An employee who is absent from work and claiming to be injured or ill may be required by the Hotel to obtain a medical certificate from a doctor appointed by the Hotel to clear the employee to return to work. The Hotel will reimburse the employee for the cost of such medical certificate.

13.04Personal Grooming and Hygiene:

It is in the interest of both parties and the employees to maintain acceptable standard of personal grooming and hygiene. Accordingly, employees are required to maintain an acceptable standard of personal hygiene and grooming while at work.

18

ARTICLE 14 - HEALTH AND SAFETY

14.01 The Hotel and the Union agree that they will mutually co-operate and maintain reasonable standards of safety and health in order to prevent injury and illness.

A Joint Occupational Health and Safety Committee (JOHSC) will be continued in accordance with legislative requirements. The parties agree to co-operate to ensure that all participants in the workplace comply with all applicable laws, rules and guidelines, for the purpose of promoting a safe and healthy work environment.

14.02The Hotel will reimburse each full time maintenance employee in the amount of $100.00 per year for the purchase of safety/non-slip footwear.

ARTICLE 15 - GENERAL

15.01 Bulletin Boards:

The Hotel will provide a bulletin board at a mutually agreed location for the convenience of the Union for posting notices of Union activity. All such notices must be signed by the proper officer of the local Union, and submitted to the General Manager for his or her approval before posting, such approval not to be unreasonably withheld.

15.02Severability and Enforceability:

If any provision of this agreement is held to be unenforceable if conflicting with applicable legislation, that unenforceability shall not affect any other provision of this Agreement. If necessary, and in any such event, the parties agree to make reasonable modifications to the offending provision and to those other provisions of the Agreement which may be affected in order to preserve their meaning and enforceability. In particular and without limitation, this Agreement shall be deemed to be amended as necessary and for the period of time necessary in order to correspond with the legislation in question.

19

15.03Joint Union Management Meetings:

It is agreed that the parties shall consult regularly during the terms of the collective agreement. Either party may call for a Union -Management meeting, and such meeting shall be scheduled within three (3) weeks of a party's request.

ARTICLE 16 - SUBCONTRACTING

16.01 The Hotel will not subcontract out the restaurant, housekeeping, cleaning the parking lot and laundry during the life of this agreement. This shall not be applied to any service which has already been contracted out.

16.02Notwithstanding the above, the parties further agree the person(s) affected by the application of this section of the agreement will not receive a lesser rate of pay as shown in Article 21 than that received at the time the position change was made. It is further understood and agreed that this section is not applicable when management is closing an area for a reasonable period of time that is to be renovated or refurbished.

16.03The Employer agrees to notify regarding the ramifications of subcontracting with a Union officer not less than thirty (30) days prior to implementation.

16.041f a food and beverage outlet is to be leased, the Employer will advise those affected employees immediately. However, it is understood that notice to those affected employees will not be less than seven (7) days.

16.05The Employer will, prior to the commencement of the lessee's term endeavour to arrange a meeting between the Union, the lessee, and the Hotel. The purpose of the meeting is to inform the lessee of his obligations concerning the collection and submission of union dues, and the payment of health and welfare. In the event of a dispute arising from non-payment on the part of the lessee, the Hotel, without assuming any of the lessee's liabilities, will endeavour to assist the Union in collecting monies owing.

ARTICLE 17 - UNIFORMS, TOOLS, EQUIPMENT AND LOCKERS

17.011n the event that an employee loses his or her uniforms or tools or equipment that were supplied to him or her by this Hotel, or fails to return them, the cost of the uniforms or tools or equipment will be deducted from

20

the wages of the employee. This does not apply to uniforms lost by the Hotel or the laundry service.

17.02Uniforms remain the property of the Hotel. Employees are prohibited from wearing uniforms except when engaged in service for which they are supplied. Any damage resulting to the uniform through wearing them on other occasions shall be charged against the employee.

17.03a) If required by the Hotel, uniforms, special styles or colour of clothing, construction shoes and special equipment shall be supplied as needed, laundered, cleaned and kept in repair by the Hotel at no cost to the Employee.

b) Each employee whose duties require him/her to work outside the Hotel during winter shall be provided with adequate clothing;

c) The Hotel agrees to maintain adequate and hygienic facilities for the changing of clothing before and after shifts and the storing of uniforms and equipment.

17.04Lockers are the property of the Hotel. All lockers are subject to inspection without notice. The Hotel agrees that at no time will inspections take place unless either a steward is present, or if a steward is not available, a bargaining unit employee is present. Where a steward is not available, management will telephone the chief steward at the telephone number on file with the Hotel. If the chief steward answers the call when made, s/he will confirm which employee, on shift at the time, is to be present. If the chief steward does not answer the telephone call when made, management will decide which employee is to be present.

ARTICLE 18- HOURS AND OTHER WORKING CONDITIONS

18.01 a) Except as otherwise provided, eight (8) consecutive hours shall constitute a normal day's work, and forty (40) hours shall constitute a normal week's work. Mention of daily and weekly hours in the Article shall not be construed as a guarantee of such hours.

18.01 b) Should the Hotel require an employee to work beyond the scheduled quitting time, then the employee shall be compensated at one and

21

one-half (1 .5) times the regular rate of pay. This does not include Guest Service employees who shall be governed by Article 18.12.

18.02The working period shall commence at the time an employee is required to report and does so report, at his or her work station, properly prepared to begin work.

18.03 Reporting Pay:

Any employee who reports for scheduled work shall be guaranteed a minimum of four (4) hours work and pay, provided that such reporting pay does not apply in the event of a major breakdown beyond the control of the Hotel, such as a flood or electrical blackout. The parties further recognize that there may be mutually agreed exception to the reporting pay guarantee for certain classification or groups of employees.

18.040vertime

An employee who is called in to work outside of his/her regular hours of work shall be guaranteed a minimum of three (3) hours pay at a premium rate of time and one-half (1.5) of his/her regular hourly rate of pay.

18.051n the event of a work shortage or decline in workload in any department, the Hotel may place a sign up sheet on a bulletin board as follows (or in similar words):

" Any employee in the department who wishes to depart work prior to the scheduled departure time should sign this notice immediately."

18.06Daily overtime is payable after eight (8) hours worked in a day; weekly overtime is payable after forty (40) hours worked in a week.

A waitress or waiter shall complete service on a guest notwithstanding the fact that the employee has reached his or her quitting time, and such additional work shall be paid at the employee's regular rate for the first halfhour, and time and one-half his or her regular rate for all time after the first half hour.

(Banquet servers see Article 19.04)

22

18.07 Overtime shall be offered to the employees who normally perform the work by seniority in their classification in their department.

18.08 Before overtime will be paid, the overtime must be properly authorized by the Department Head.

18.09Any work performed on the sixth (6) and any other consecutive day of an employee's work week shall be paid at the rate of time-and-one-half of his regular hourly rate of pay.

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

b) The Hotel may schedule employees for lesser periods than eight (8) hours, as long as the senior employees are given the full shifts that are available first on a given day and are available to work. Employees who are scheduled to work less than eight (8} hours per day will not be scheduled less than four (4) hours.

18.1 OWork schedules will provide employees with two (2) consecutive days off each week, with possible exceptions in some departments where arrangements are made, subject to the approval of both parties.

18.11 a) No allowance will be made for time on the time records prior to the regular starting time, without authorization by a department head. Unless the department head's authorization is secured on each occasion, the additional time shown on the time record at the commencement of a work period will be considered as time not worked.

18.11 b) If an employee punches I signs out late, it will be assumed that the employee was delayed for personal reasons and that the time shown on the time card beyond the regular quitting time is the employee's personal time.

23

18.11 c) Employee's neglecting to punch I sign in and out at all required time throughout working hours may be subject to disciplinary action.

18.11 d) Each employee shall punch I sign out only his own time card. An employee who punches I signs out a time card of another employee is subject to immediate dismissal.

18.12 Period of Rest:

a) All employees who work more than four (4) hours in a shift shall receive a thirty (30) minute unpaid, uninterrupted break. Employees who work for eight (8) hours or more shall also be entitled to a fifteen (15) minute paid break in the first half of their shift, and a fifteen (15) minute paid break in the second half of their shift. The Hotel will maintain its current practice in its recognition and granting of rest periods. Employees who are scheduled for uninterrupted thirty (30) minute lunch breaks shall not be paid during such breaks.

b) All restaurant and kitchen staff who are scheduled to work for five (5) hours or more in a shift shall be entitled to a thirty (30) minute uninterrupted unpaid break.

18.13Corkage Fee:

When corkage fee is charged and bar service provided, the Hotel shall pay the server a service charge of fifteen percent (15o/o) of the said fee.

18.14 Tour Baggage:

1) Baggage handling for groups is optional and on a request basis only. For the purposes of this provision, Tours shall be defined as groups which require ten (1 0) or more rooms per night at the time of signing the contract and I or upon check-in. Should any group requesting less than ten (1 0) rooms per night with baggage handling, the same rates as set out below shall apply.

2) As of March 31, 2005: $2.50 per bag in and out shall apply. March 31, 2006: $2.55 per bag in and out shall apply. March 31, 2007: $2.65 per bag in and out shall apply. March 31, 2008: $2.70 per bag in and out shall apply.

24

Should tour groups without handling fees require assistance, the work shall be done by the Guest Services staff from the bargaining unit only. The rate per bag in and out shall be in accordance with 18.14 (2).

3) Notwithstanding the above, the parties agree that this will not affect those tour contracts signed or offered prior to the ratification and signing of this agreement. It is further agreed that Management will make every effort within reason, to contract subject to this formula and collect tour baggage payment.

18.15Work Schedules:

Departmental work schedule shall be posted where deemed necessary, not less than seven (7) days prior to the scheduled period. The Employer may, on giving two (2) days notice to the employee(s) concerned, revise such schedule(s) without the payment of premium time. In the event of lost time due to layoff within a department or group, work may be offered to employees on their scheduled days off at their regular basic hourly rate of pay in order to make up such regular time lost. The posting of schedules does not constitute any guarantee that work will be available.

18.16Night Shift Premium:

All employees who work the majority of their hours between the hours of 11 p.m. and 7 a.m. shall be paid a premium of sixty ($.60) cents per hour worked.

18.17Cot Set-up and Take-down Payment:

The sum of $1 .35 for the combination of cot set up/take down of a cot by a House person, and $1.35 for the Room Attendant for the make-up of a cot will be effective date of receipt of written notice of ratification.

18.18Meals:

Employees may order meals off the menu at a reduced cost of 50o/o.

25

ARTICLE 19- BANQUET DEPARTMENT

19.01 a) Banquets shall be defined as the serving of coffee, tea, light beverages, light refreshments, breakfast, luncheon, dinner or supper whether sit-down or buffet, in one of the Hotel's meeting or function rooms, which is booked through the Sales and Catering department.

19.01 b) The Solarium and the restaurant shall not be defined as meeting or function rooms for the purpose of banquet scheduling. It is further agreed that any function in either room shall be served, set-up and cleaned up by the employees from the restaurant. Seventy-six (76°/o) of the gratuities from each function shall be distributed to the employees working the function. The remaining twenty-four (24o/o) shall be at the disposal of the Hotel for distribution as it sees fit.

19.02 a) Gratuities

It is agreed that, of the total amount of the gratuity left by the guest, seventy-six percent (76o/o} will be set aside for the sharing amongst the servers and porters who served the food.

The porters' share shall be thirteen percent {13o/o) of the above-noted seventy-six percent (76o/o}. The remaining twenty-four percent (24%) will be at the disposal of the Hotel for distribution as it sees fit.

19.02 b) Payment of gratuities shall be based on the number of hours worked by each employee during a function and each employee shall receive from the Hotel an itemized breakdown each pay period for total hours worked and gratuities earned.

19.02 c) It is further agreed that the checks, or other relevant documents showing the total amount of the gratuity signed by the guest, will be available for inspection by the Union upon request.

19.02 d) Non-payment of such gratuities to the Hotel is subject to deduction from subsequent list. The Union shall be notified accordingly of such nonpayments. Adjustments on any non-payments will be made by the Hotel on subsequent lists of employees concerned.

26

19.02 e) A representative of the Union may make periodic audits of the relevant documents covering gratuity distribution. In the case of an audit, an audit report shall be prepared and submitted to both parties.

19.03The Hotel agrees to assign servers to banquets based on the following guidelines:

1 server per 24 sit-down guests. 1 server per 30 buffet guests.

19.04Hours of work and overtime provisions for all Banquet Servers shall be in conformity with the Employment Standards Act of the Province of Ontario. Banquet Porters will be scheduled in accordance with the general body of this agreement.

19.05The Hotel agrees to pay tips of 15°/o on the value of complimentary or 'couponed' breakfasts.

ARTICLE 20 -VACATION PRIVILEGES

20.01 The Hotel recognizes the need for rest and recreation on the part of its employees who are in active employ of the Hotel.

20.02Vacation pay will be calculated in accordance with paragraph 20.03 below as a percentage of gross wages.

20.03The entitlement to annual vacation with pay will be in accordance with the following schedule:

a) All full time regular employees of the Hotel who have completed one (1) year of continuous service with the Hotel, but less than five (5) years in their anniversary year, shall receive two (2) weeks vacation with four percent (4o/o) of gross wages.

b) All full time regular employees of the Hotel who have completed five (5) year of continuous service with the Hotel, but less than thirteen (13) years in their anniversary year, shall receive three (3) weeks vacation with six percent (6o/o) of gross wages.

c) All full time regular employees of the Hotel who have completed thirteen (13) years of continuous service with the Hotel, but less than

27

twenty {20) years in their anniversary year, shall receive four (4) weeks vacation with eight percent {8°/o) of gross wages.

d) All full time regular employees of the Hotel who have completed twenty {20) years of continuous service with the Hotel, shall receive five (5) weeks vacation with ten percent {1 Oo/o) of gross wages.

20.04 a) an employee with less than one {1) year service shall be entitled to four percent (4o/o) of his or her earnings as vacation pay.

20.04 b) Vacations shall be granted within ten {1 0) months following the date on which an employee qualifies.

20.05For the purpose of qualification on the basis of service for any benefits under this collective agreement such service will be calculated from the latest date of hire.

20.06Due to the peculiarities of the Hotel business, it is recognized that during periods, minimum scheduling of vacations is necessary; therefore the Hotel may grant vacations so as it does not prevent the Hotel from maintaining a qualified and adequate work force.

20.07Vacation credits shall not be cumulative from year to year.

20.081t is agreed by the parties that the Hotel will calculate payment of wages and vacation allotment for part-time employees in accordance with the Employment Standards Act.

20.09The usual deductions from an employee's pay will be deducted from the employee's vacation money.

20.1 OThe Hotel will arrange for vacation schedules to be posted by each department by February 1 of each year. Due to the peculiarities of the hotel industry, tentative approvals will be posted by each department by March 31 of each year.

20.11 Employees shall be provided with the appropriate vacation pay in the pay period immediately prior to the date of vacation.

28

ARTICLE 21 • WAGE SCHEDULE

21.01 Wages and classifications are found at attached Schedule A.

21.02The parties agree to a starting rate. New employees will receive eighty percent {BOo/o) of the contract rate in effect at the time of hiring after the date of ratification for six (6) months. This rate will only apply to new hires.

21.03The parties agree that notwithstanding 21.01 or 21.02, wages must be at least twenty-five cents ($0.25) above the minimum wage in effect.

ARTICLE 22 - HOLIDAYS:

22.01 The Hotel will grant all full time regular employees who are on the seniority list within the scope of the agreement, pay for the days listed.

New Year's Day Remembrance Day Canada Day Labour Day

Thanksgiving Day Good Friday Victoria Day Christmas Day Boxing Day Civic Holiday Employee's Anniversary Date

22.02An employee who has completed his or her probationary period and works the scheduled shifts immediately prior to, and following the holiday or as otherwise provided for by the ESA shall be paid holiday pay at his or her regular hourly rate for the number of hours worked.

22.03Where a statutory holiday occurs during an employee's vacation, then the employee shall be entitled to one {1) day's pay or one (1) extra day's vacation at the Hotel's discretion.

22.04Employees who work on the statutory holidays specified will receive one and one-half times regular rate for hours worked plus pay for their normal hours of work.

22.05Employees required to work, but who absent themselves from employment as provided for by the ESA on the above dates shall be considered absent without leave, and do not qualify under this provision.

22.06Part-time employees shall be paid statutory holidays in accordance to the Employment Standard Act.

29

ARTICLE 23- TERMINATION OR MODIFICATION

23.01 This agreement shall be in effect from April 1, 2013 until March 31, 2017, however the parties agree that only those items identified as retroactive are retroactive.

23.02 It is understood that during any negotiations, following said notice, either party may bring forward counter proposals arising out of, or related to the original proposals made by either party.

23.03 Upon completion of negotiations for a new agreement, if such an agreement is reached, a memorandum of full settlement shall be drawn up and signed by both parties, covering each and every amendment to the former agreement, and such settlement will thereupon be presented by the Union to the membership for ratification.

23.04 It is agreed that it is the intention of the parties to meet for commencement of collective bargaining not less than 14 days upon receipt of notice to bargain by either party.

30

This settlement was ratified on April 26, 2013.

DATED AT TORONTO THIS 3/ ,.,..-

For the Union

rry Lynch Business Agent CEP Local 2003

National Represen

~~ Dorette Palmer

31

DAY OF ~ vt,j/

For the Hotel

s~-General Manager

Karim Shivji Managing Partner

'2013.

SCHEDULE "A"- WAGES AND CLASSIFICATIONS

Wage increases to April 1, 2013, April 1, 2014, April 1, 2015 and April 1, 2016 for all positions.

POSITION 04/1/2013 04/1/2014 04/1/2015 04/1/2016

$.68 $.67 $.68 $.67

HOUSEKEEPING 17.10 17.77 18.45 19.12

COOK 19.92 20.59 21.27 21.94

PANTRY/DISHWASHER 17.10 17.77 18.45 19.12

DISHWASHER 14.51 15.18 15.86 16.53

SERVER 12.03 12.70 13.38 14.05

GUEST SERVICES 17.44 18.11 18.79 19.46

ENGINEER 23.94 24.61 25.29 25.96

GENERAL 19.71 20.38 21.06 21.73

PORTER 16.88 17.55 18.23 18.90

SERVER 12.40 13.07 13.75 14.42

32

RAMADA Hotel & Suites Downtown Toronto SCHEDULE "B" - JOB DESCRIPTION

Position: GUEST SERVICES AGENT

POSITION REQUIREMENTS:

Date Prepared: September 14, 2000

- Properly groomed and in appropriate dress and/or full uniform at all times

JOB FUNCTIONS:

- Guest Services: - Responsible for providing efficient and professional services at all times, -Answers Telephones (Switchboard, Front Desk <246>, 1-800 line, and emergency phone).

- Accepts reservations, and provides rates and availability to potential guests calling in for information.

- Responsible for the check-in of guests, ensuring the proper information is completed on a Registration Card (method of payment, explanation of parking charges and procedures, as well as Hotel facilities and services and the creation of special accounts).

- Checks out Guests, making sure the guest agrees and signs all charges and credit card slips, as well as ensuring the Guest receives a copy of the bill.

- Provides assistance to Guests related to any questions or concerns they may have.

-Posts restaurant, Movie, high-speed Internet charges to Room accounts. -Provides and collects Sports Equipment and Towels. - Rents Safety Deposit Boxes to Guests, ensuring proper documentation is complete.

- Assists Guests with luggage and luggage storage in appropriate area. - Checks in and out groups, including baggage handling, collection of vouchers and information from escort, and prepares Key Tags prior to arrival and assigns rooms.

- Preparation of keys prior to guests' arrival. - Ensures proper ED prior to assisting guests with key problems. - Handles Guest requests, including additional room supplies. - Entering groups, rooming lists and billing information into MSI System.

33

RAMADA Hotel & Suites Downtown Toronto

Position: GUEST SERVICES AGENT

General:

JOB DESCRIPTION


- Maintains Front Desk and back areas in a neat and tidy manner, including organizing map drawers, tourist information, and storage of Front desk supplies. Enters wake-up calls and receives and records messages. Informs Staff and management of any problems or concerns. Turns power on in rooms if a maintenance person is not available.

- Checks faxes, front desk box in sales office, and posts function sheets. - Collects and posts payment for daily or monthly parking and controls parking gate.

- Prints required reports and makes daily deposits. - Informs management of supply requirements, including computer paper,

printer ribbons, etc.

Other Related Duties:

- Performs other related duties as assigned by management.

34


Position: MAINTENANCE SERVICES


JOB DESCRIPTION


- properly groomed and in appropriate dress and/or full uniform at all times

JOB FUNCTIONS:

Maintenance of Facilities:

- Responsible for providing efficient and professional services at all times. -Performs all Maintenance functions related to the Hotel, including

Maintenance of Guest Rooms, Common Areas, and all related Equipment and Machinery.

- Performs routine checks on Equipment and Machinery to ensure proper function, efficiency and reliability.

-Installs new or replacement components and/or equipment, where required, and as necessary.

-Coordinates and oversees external contracts relative to construction and/or installation of new facilities and/or equipment.

- Responsible for maintenance of General and Common Areas, including specific Facilities at 296 Jarvis Street.

General:

-Maintains all work areas in a neat and tidy condition. -Ensures that Maintenance and Repairs provide the least disruption as

possible to Guest facilities and access to the Hotel.


-Performs other related duties as assigned by management,

35


Position: SERVERS


JOB DESCRIPTION

Date Prepared: September 14,2000


JOB FUNCTIONS:

-Services:

- Responsible for providing efficient and professional services at all times. - Responsible for Opening and Lock up of the restaurant. -Responsible for the taking of Guest's orders, Serving of Food and Beverages and making Toast

-Sets and Resets Tables, and clears Tables to the Dish Area in a neat orderly fashion,

-Completes Room Service Orders and delivers same, including completing Floor Checks to pick up Trays.

-Restocks Cutlery, Glassware, China and Paper Goods. - Completes specials on Chalk Boards and takes out and retrieves Chalk

Boards. -Performs Set up and Clean up of Solarium, including Buffets and Private

parties served by the Staff. -Opens and Closes the Bar, including completion of Bar Inventory at the end of each shift.

- Ensures that proper control systems are followed at all times.

-General:

- Reports on Maintenance and Housekeeping requirements related to the restaurant.

-Delivers Cutlery and napkins to the Staff Room. - Removal of Garbage to the Bin by the end of each shift.

- Other Related Duties:

-Performs other related duties as assigned by management.

36


Position: COOK


JOB DESCRIPTION



JOB FUNCTIONS:

Banquets:

- Refers to Function Contracts to determine Daily Banquets.

Food Preparation (banquets, etc.):

- Prepares and sets up Hot Line. -Preparation of food for Banquets. -Refills Buffet for Banquets, as required. -Preparation of Soup of the Day. -Delivery of food to Banquet Kitchen, as required. - Delivery of food to the Kitchen for storage in the Fridge, Freezer, and Storage room.

-Preparation and delivery of Staff Meals to the Staff Room.

Equipment:

- Reports deficiencies to the Chef of equipment on the line. -Changes oil in Deep Fryer, as per schedule. -Responsible for washing pots and pans on the Hot Line.

General:

- Ensures that the Kitchen is left in a clean and organized manner at the end of each shift.

-Ensures that the sanitation cleaner is utilized at all times. - Removal of garbage by the end of each shift. - Performs cleaning of all kitchen equipment.



37


Position: PANTRY DISHWASHER


JOB DESCRIPTION



JOB FUNCTIONS:

Food Preparation and Distribution:

-Sets up Cold Line, -Fills Banquet orders. -Delivers food to Banquet Kitchen, as required. - Delivery of food to the Kitchen for storage in the Fridge, Freezer and Storage

Room. -Prepares and delivers Staff Meals to the Staff Room.

Equipment:

- Responsible for Dishwashing in both Kitchens -Puts Banquet dishes in Storage Room. · -Responsible for cleaning Fridges

General

-Sweeps and Mops Floors and Walk-in Fridge at the end of each shift. -Ensures that sanitation cleaner is utilized at all times. - Removal of Garbage by the end of each shift, - Performs general cleaning in both Kitchens.



38


Position: DISHWASHER


JOB DESCRIPTION



JOB FUNCTIONS:

Dishwashing:

- Responsible for washing dishes in both Kitchens. -Puts Banquet dishes in storage room.

General:

- Performs general cleaning in both Kitchens. -Ensures that sanitation cleaner is utilized at all times. - Removal of garbage to the bin by the end of each shift. -Cleans the receiving area, as required.



39


Position: BANQUET PORTER


JOB DESCRIPTION



JOB FUNCTIONS:

Meeting Room Services:

-Responsible for providing efficient and professional services to guests and visitors.

- Responsible for the set up and tear down of Meeting Rooms. -Serves Coffee, Water, Beverages and Food to Meeting Rooms based on Catering Contracts.

- Delivers Hotel and Guest Supplies to Meeting Rooms. - Pick up and delivery of food and beverages from the kitchen for coffee breaks and emergency.

- Provides assistance to Wait Staff with meal services. - Provides assistance to Kitchen personnel with the delivery of food to Banquet Service areas on an emergency basis.

-Set up of Basic AV Requirements.

-General:

-Performs cleaning and organizing of Banquet Storage areas. -Responsible for the clean up of Banquet dishes from Meeting Rooms and

Public Areas. - Removal of garbage to the bin by the end of each shift.


-Performs other related duties as assigned by management

40


Position: BANQUET SERVER


JOB DESCRIPTION



JOB FUNCTIONS:

Banquet Services:

- Responsible for providing efficient and professional services at all times. - Responsible for the set up and serving of food and beverages to banquet

Rooms. -Sets up the decoration of the Buffet Tables and Sweet Tables. -Set up of Bar Service, Cash, Host and Wine Service. - Ensures that salt, pepper, ketchup, and other condiments are available and

provided.

General:

- Performs clean up after Events, including the bagging of Linen, etc.

-Cleans and organizes the Banquet Storage Areas.



41


Position: HOUSEKEEPING


JOB DESCRIPTION



JOB FUNCTIONS:

-Clean walls, lights, linen room, doors, windows and other areas that need to be cleaned.

-Clean all areas in the guestrooms, as assigned. -Vacuum and mop floors, as required. -Removal of all garbage, cups, glasses, cots, ironing boards, etc., as required. - Ensure appropriate supplies and linens are available for guests and staff. -Change shower curtains as per schedule. -Replace all supplies in guestrooms, as required. -Advise supervisor of requirements to reorder supplies. - Load and unload washers and dryers, as required. - Fold linens in accordance with standard procedures. -Clean washers, dryers, lampshades, furniture and other fixtures, as required. -Mix and change cleaning chemicals, as required. -Clean linen rooms and all surrounding work areas. -Clean all public washrooms, public areas, meeting rooms, dining rooms and staff areas, as needed in housekeeping.

-Clean all areas in Health Club and shared facilities including swimming pool, whirlpool, sauna, steam room, exercise room, billiards room, squash court and also designated offices, as needed in housekeeping.


- Perform other related duties as assigned by management.

42


Position: HOUSEMAN


JOB DESCRIPTION



JOB FUNCTIONS:

-Clean walls, lights, linen room, doors, windows and other areas that need to be cleaned, including elevators and exit stairs.

-Arrange furniture and flip mattresses and refresh bedrooms, as required -Shampoo, vacuum and mop floors, as required. -Removal of all garbage, cups, glasses, cots, ironing boards, etc., as required. - Ensure appropriate supplies and linens are available for guests and staff. -Replace all supplies in guestrooms, as required. -Advise supervisor of requirements to reorder supplies. -Take garbage out to the outside bin, as required. - Load and unload washers and dryers, as required. - Fold linens in accordance with standard procedures. -Clean washers, dryers, lampshades, furniture and other fixtures, as required. -Mix and change cleaning chemicals, as required. - Clean linen rooms and all surrounding work areas. -Clean all public washrooms, public areas, meeting rooms, dining rooms and staff areas, as required.

-Clean stairs, doors and all outside areas surrounding the hotel, including driveway, sidewalk, parking lots, planters, awnings, etc.

-Water plants and remove snow, as required. -Clean all areas in Health Club and shared facilities including swimming pool, whirlpool, sauna, steam room, exercise room, billiards room, squash court and also designated offices, as required.

-Test, adjust and record pool and whirlpool chemical readings. - Fill and refill chemicals as required in the pool area. - Clean the receiving area.


- Perform other related duties as assigned by management.

43

SCHEDULE "C" - BENEFITS

Benefits:

1. Commencing November 1, 2003, the Company agrees to arrange for a group medical insurance benefit plan at its cost for full-time employees, on the basis of the summary attached hereto, "Attachment 1 ", it being understood that so long as the Company pays the necessary premiums, it will have satisfied its obligations hereunder.

2. The Company agrees to pay the necessary premiums on behalf of the following full time employees:

a. Starting September 14, 2003, and moving forward, all employees who have worked 24 hours or more per week in four ( 4) or more of the seven (7) week period immediately following September 14, 2003.

b. These benefits will start on the first (1 5t) day of the next month after after qualifying.

3. The Company agrees to pay the necessary premiums for additional employees it hires once they have worked twenty-four (24) hours per week or more in four (4) or more weeks out of seven (7) consecutive rolling week periods.

4. The above employees will be deemed no longer to be full-time when they have not worked twenty-four (24) hours or more per week in four (4) or more weeks out of seven (7) consecutive rolling week periods; have been laid off for more than three (3) consecutive months; where they have been discharged and not reinstated through the grievance and arbitration provisions of this Agreement; and/or where they elect not to work hours that the Company has available for them to work. For laid-off employees, the Company agrees to pay benefits for an extra three (3) months following lay-off.

5. The Company agrees to issue Record of Employment forms if there is an interruption of earnings for Employment Insurance purposes.

44

Description of the coverage "Attachment 2" Equitable Ins. Co. Plan #4

Employee Life All Other Eligible Employees Amount of coverage Coverage reduced Termination Age

$25,000 By 50o/o at age 65 70

Accidental Death and Dismemberment Equal to Employee life coverage All other Eligible Employees

Amount of Coverage

Extended Health Care All Other Eligible Employees Benefit year equate Deductible Reimbursement level In-province hospital Prescription drugs Out-of province expenses

Medical services and equipment

Vision Care

Policy year None

80o/o- semi-private hospital room 100% - reimbursement (non-drug card} Emergency services - 1 00% Referred services - 80°/o Subject to a 60~day limit per trip Expenses incurred for emergency services outside Canada are subject to a lifetime maximum of $1,000,00 per person or, if lower, the plan lifetime maximum as specified below.

80% Private duty nurse - maximum $5,000 each benefit year Hearing aids - maximum $500 over 5 benefit years

Eye exams - $50 over 2 benefit years A $100.00 maximum in any 12 month period for any person under the age of 18 or in any 24 month period for any other person.

45

Paramedical services

Lifetime Maximum Emergency Travel Assistance Termination Age

Dental

All Other Eligible Employees

Benefit year equals Plan design Recall frequency Composite white fillings Periodontal scaling Fluoride Deductible Reimbursement level Preventive procedures Basic procedures Benefit year maximum

Fee guide

Termination Age

BOo/o - maximum of $500 per benefit year for each specialty Includes: physiotherapist, osteopath, podiatrist, chiropractor, speech therapist, acupuncturist, naturopath, message therapist*, psychologist* (Doctor's referral required)

Chiropractor services payable only after OHIP maximum reached

Unlimited 60 day travel limitation 70

Policy Year Multident 5 months Front teeth only 10 units Childreh under age 19 only None

BOo/o BOo/o Preventive and Basic procedures- $1,000

per person

The current fee guide for general practitioners in the employee's province of residence

70

46

Description of the coverage

Alt benefits Non-evidence maximum*

Grandfathering

Employees 3 or4 5 to 9 10 to 24 25 to 34 35 or more

Coverage exceeding $25,000 $50,000 $100,000 $150,000 $200,000

Groups with existing insurance may be eligible for coverage above our stated non-evidence maximums without providing proof of good health (grandfathering). Verification of this should be obtained prior to finalizing the sale.

In the event that coverage is to be grandfathered under Life, verification of current coverage will be required for amounts over our stated non-evidence maximums

Grandfathering maximums Employees Under 66 66 - 69

Proof of good health

3 or4 $300,000 $100,000 5 to 9 $300,000 $150,000

10 to 19 $300,000 $200,000 20 or more $500,000 $250,000*

* $50,000 at ages 70 to 74

Employees who meet one or more of the following criteria will require health evidence to add benefits or to obtain higher levels of Life coverage (under the applicable NEMs ):

Were declined as a late entrant for one or more benefits;

Were declined for amounts over a non-evidence maximum;

Are not covered with the current insurer (for one or more benefits) and are only eligible to apply as a late entrant.

47

Coverage

Survivor benefit

Are currently receiving a salary that is at least 25% higher than that last reported to the current Insurer. Are age 65 or older on the effective date of the plan with Equitable Ins. Co. and are not currently insured for one or more of the benefits being applied for.

Earlier of retirement or termination age specified for each benefit Note: for employees in Quebec who are subject to the Quebec Drug Insurance Plan, RAMQ equivalent drug coverage can continue beyond ago 69 if the employee continues to be in an eligible class

Dependent coverage continues for 24 months without premiums after an employee's death

48

LETTER OF UNDERSTANDING- HOUSEKEEPING

It is agreed between the parties that each employee working in housekeeping services shall be responsible for cleaning up to fifteen (15) rooms per day.

Dated at Toronto this 3/ sr day of -5 l//... f' '2013

For the Union For the Hotel

Karim~~ Managing Partner

49

c.o.b. - Ontario and Food...COLLECTIVE AGREEMENT between ESPARTEL INVESTMENTS LIMITED c.o.b. RAMADA...

Documents

Transcript of c.o.b. - Ontario and Food...COLLECTIVE AGREEMENT between ESPARTEL INVESTMENTS LIMITED c.o.b. RAMADA...