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COLLECTIVE AGREEMENT Between: WINDSOR RIVERSIDE HOTEL LP carrying on business as TRAVELODGE WINDSOR ("the company") And UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 ("the Union") EXPIRY DATE: DECEMBER 31, 2018 1

Between and Food... · The parties hereto agree that work that requires certain professional ... Carpet cleaning normally carried out by outside contractors; ... Date of hire (g)

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COLLECTIVE AGREEMENT

Between:

WINDSOR RIVERSIDE HOTEL LP carrying on business as

TRAVELODGE WINDSOR ("the company")

And

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

("the Union")

EXPIRY DATE: DECEMBER 31, 2018

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Table of Contents

Article 1 Purpose ..................................................................................................................................... 3

Article 2 Recognition ............................................................................................................................... 3

Article 3 - Union Security .......................................................................................................................... 4

Article 4 Leave of Absence .................................................................................................................... 6

Article 5 - Union Representation ............................................................................................................. 7

Article 6 - Strikes/Lockouts ....................................................................................................................... 8

Article 7 - Grievance Procedure .............................................................................................................. 8

Article 8 - Seniority .................................................................................................................................. 11

Article 9 Vacation .................................................................................................................................. 14

Article 1 O - Commercial Workers Benefit Plan .................................................................................... 15

Article 11 Retirement Allowance (RASP) .......................................................................................... 15

Article 12 - Retirement Allowance (Effective January 1, 2012) ........................................................ 15

Article 13 Management of Employees ............................................................................................... 16

Article 14 Hours of work/overtime/rest and meal breaks ................................................................ 17

Article 15 Uniforms ................................................................................................................................ 18

Article 16 - Paid Holidays ....................................................................................................................... 19

Article 17 Bereavement ........................................................................................................................ 19

Article 18 - Lunch and Rest Periods ..................................................................................................... 19

Article 19 Work Loads Re: Housekeeping ....................................................................................... 20

Article 20 Baggage Handling ............................................................................................................... 20

Article 21 General ................................................................................................................................. 20

Article 22 - Health and Safety ................................................................................................................ 21

Article 23 - Control of Absenteeism ...................................................................................................... 21

Article 24-Authority Re: Cheques, Credit Cards and Credit Accounts .......................................... 21

Article 25 - Discrimination and Harassment ........................................................................................ 22

Article 26 - Duration ................................................................................................................................ 22

Schedule "A" -Wages ............................................................................................................................. 23

Schedule "B" - United Food and Commercial Workers Education and Training ........................... 24

LETTER OF UNDERSTANDING #1 ..................................................................................................... 25

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Article 1 - Purpose

1.01 The general purpose of this Collective Agreement is to establish mutually satisfactory relations between the Company and the Union on behalf of the employees covered hereby, to secure the prompt and equitable disposition of grievances, to establish and maintain satisfactory working conditions, hours of work and wages, and to provide for the efficient operation of the hotel.

Now, therefore, the Company and the Union agree as follows:

Article 2 - Recognition

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees including Night Audit staff at its Hotel at 33 Riverside Drive East, Windsor, Ontario, save and except supervisors and those above the rank of supervisor, office staff and accounting staff.

2.02 An employee within the terms of this Agreement means a person employed by the Hotel as listed in Schedule A, who has completed to the satisfaction of Management the probationary period of service.

A person will have passed their probationary period after sixty five (65) shifts or four (4) months, whichever comes first.

2.03 The terms of this Agreement apply to all employees as defined in this Article 2 and listed in Schedule "A" of this Agreement.

2.04 All employees who regularly work twenty-five (25) hours or more in any one week will be classified as full time regular employees of the employer.

2.05 Part time employee means an employee employed in the bargaining unit who is employed for less than twenty-five (25) hours per week.

2.06 All jobs for which wage rates are established by this Agreement shall only be worked by employees, who are considered in scope, save and except work that has been historically performed by management.

(i) Front Desk The Front Desk Manager shall continue to perform those desk duties normally carried out prior to the coming into effect of the Collective Agreement. Their duties, in addition to regular management responsibilities, shall include all functions normally carried out by the front

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desk staff, not to the extent that it would displace bargaining unit employees.

(ii) Maintenance The parties hereto agree that work that requires certain professional expertise and levels of training normally outside of employees within the bargaining unit may be contracted out by the Company, provided such work was not normally performed by employees of the bargaining unit. Maintenance and general repairs normally performed by the Maintenance Manager shall continue to be carried out, including overseeing of work contracted out in the general maintenance area. Areas of work historically contracted out by the Company, which the Company may continue shall, without limiting the following, include:

1. Maintenance and repairs to specific equipment; (air conditioner, furnace, etc.)

2. Garbage disposal; 3. Bank deposits and security; 4. Exterior window cleaning; 5. Carpet cleaning normally carried out by outside contractors; 6. Cleaning bedspreads and drapes; 7. Repair and maintenance to washers, dryers and related equipment.

2.07 When an existing job is to be changed or a new job is to be created, the Employer will discuss with the Union the changed job or rate and appropriate classification before establishing them. If no agreement is reached, the Union may, within thirty (30) days of being notified of the new classification, file a grievance contesting the rate and refer it to arbitration pursuant to the procedures in the Collective Agreement.

2.08 Throughout this Collective Agreement, reference to an individual will be reflected as gender neutral.

Article 3 - Union Security

3.01 (a) The Company agrees, pursuant to Section 43 of the Ontario Labour Relations Act, to deduct from the wages of each employee in the bargaining unit, a specified uniform amount equivalent to regular monthly dues. The Company also agrees to deduct a one-time Union initiation fee for newly hired bargaining unit employees who authorize such deductions on an appropriate payroll deduction form. The Company will provide a list of names to the Union.

(b) Such deduction shall be made from the wages owing each employee on the twenty-six (26) pay days each year.

(c) The amounts deducted herein shall be paid by cheque to the Union and remitted by mail to the Union on or before the fifteenth (15th) day of each month following. Such remittance will include a statement with the names

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and Social Insurance Number of each employee and the amount of dues paid. The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]), as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current information: as known to the Company.

(a) S.I.N. (b) Employee number if applicable (c) Full name (Last/First/Initials) (d) Full address, including City and Postal Code (e) Telephone number (including area code) (f) Date of hire (g) Rate of pay (h) Classification {i) Full-time or part-time designation (j) Union dues deducted (or the reason a deduction was not made). If

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

(k) Total dues deducted {I) Back dues owing (m) Initiation fees deducted (n) Total Initiation fees deducted

(d) The Union shall indemnify and save harmless the Company, including its agents, and employees acting on behalf of the Company, from any liability including any and all claims, demands, actions, or cause of action arising out of or in any way connected with the deduction, collection or attempted collection, accounting, or remittance of such dues or initiation fees.

(e) Any changes in the amount of regular monthly dues will be certified to the Company by the Union in writing. Such changes in the amount of Union dues shall become effective not earlier than the commencement of the second month following when such certification was received.

(f) The Company agrees, on being furnished by the Union with the application for membership and the form authorizing the deduction of Union dues and initiation fees, to arrange for the completion of such forms by the appropriate members of the bargaining unit and to acquaint such members with the Articles dealing with Union Security and Dues Check-off and introduce the new employee to a Steward.

(g) Subject to the provisions of the Ontario Labour Relations Act, it is agreed as a condition of employment that all bargaining unit employees hired after the date of signature of this Agreement, shall, be required to join the Union and shall sign an application for membership in the Union.

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3.02 The Company and the Union agree that no officers of the Company or the 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. There shall be no individual agreements.

3.03 The Company will pay the cost of printing of the Collective Agreement, with the Union making the necessary arrangements.

3.04 The Company shall show the yearly Union dues deductions and or initiation fees on the employees' T-4 slips.

Article 4 - Leave of Absence

4.01 An employee who has two (2) years of continuous seniority with the Company may request a leave of absence without pay and without loss of seniority for personal reasons. Such leaves of absence shall not exceed sixty (60) calendar days.

4.02 In the case of leave of absence requests for personal emergencies, Company approval shall not be unreasonably denied. The Company reserves the right to require proof of personal emergencies.

4.03 In the case of other leave of absence requests, Company approval will be subject to its ability to maintain a satisfactory working schedule and qualified work force.

4.04 All requests for leave of absence under this Article shall be in writing to the General Manager, or their designate, in as far advance as practicable and in any event, subject to leave of absence request for personal emergencies, no fewer than thirty (30) calendar days prior to commencement of the requested leave of absence. The Company agrees to reply to such request in writing within seven (7) working days, or whenever practicable.

4.05 The Company shall grant a leave of absence to an employee who is required to serve as a juror. The Company will pay such employee, for a maximum period of two (2) weeks of jury duty, the difference between their normal straight time hourly earnings for days they would have worked, and payment they received for jury service excluding payment for travel, meals or other expenses.

4.06 The Company shall grant an unpaid leave of absence to an employee to attend Union conventions and seminars upon giving the Company fourteen (14) calendar days advance notice.

4.07 (a) The Company shall grant an unpaid leave of absence to an employee who is elected or appointed to a full time position within the Union, for a period of up to and including one (1) year.

(b) A request for such an approved leave must be given to the Company by

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the Union, in vyriting at least thirty (30) calendar days prior to the commencement of such leave, on Union letterhead and signed by an officer of the Union. Such request will contain a return to work date.

(c) An employee who obtains such a leave of absence shall return to their employment by the return to work date. The employee will return to the position they left and if that position has been eliminated, the normal seniority provisions of the Collective Agreement will apply.

4.08 Pregnancy and parental leave shall apply in accordance with the Employment Standards Act.

Article 5 - Union Representation

5.01 The Company acknowledges that the Union has the right to elect, appoint or otherwise select four (4) Union Stewards who have completed their probationary period. One will be the Chief Union Steward of the Hotel, for the purpose of assisting employees in presenting grievances to the Company.

The Union shall notify the Company in writing of the names of the Union Stewards and the effective date of their appointment.

The steward will not leave their work to investigate or process any grievance, or to negotiate with the Employer without the prior consent of their Supervisor. Such consent shall not be unreasonably withheld.

5.02 The Hotel acknowledges the right of the Union to appoint four (4) employees from the bargaining unit, who have completed their probationary period, to the Negotiating Committee. The Hotel further recognizes the Union's right to appoint staff, or other representatives at their discretion.

The Company agrees to allow members of the Negotiating Committee the day off work without loss of pay on each day the Committee is scheduled to meet with members of management. It is understood however, that there shall be no payment of overtime to Committee members on account of time lost for work in excess of the regular working day.

5.03 Union/Management meetings will be held every other month to discuss issues of mutual concern between the parties. Employees will be paid for attendance at meetings approved by Management.

5.04 It is understood that the Company will be responsible for the payment of wages, when meetings have been initiated by the Company. It is further understood that the Company will pay lost wages for other meetings if the Company's consent has been obtained prior to such meetings.

5.05 Any new employee will be afforded an opportunity to meet with a Union Steward within thirty (30) days of hire, for up to an hour. The orientation meeting will

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review all the content of the Agreement and the security provided by the Union. The Union and the Stewards agree to cooperate with the Company in this regard.

5.06 The bargaining unit employees have the right, at any time, to have the assistance of a Union Representative of the United Food and Commercial Workers Canada when dealing with the Employer. Such Union Representative shall have access to the Employer's premises, provided prior approval is given by the Employer. Such approval not to unreasonably be denied. During such visits, the Union Representative will not enter occupied guest rooms.

Article 6 - Strikes/Lockouts

6.01 The Union undertakes and agrees that while this Agreement is in force, there shall be no strike, sympathy strike or secondary boycott. The Company agrees that there will be no lockout while the Agreement is in force.

Article 7 - Grievance Procedure

7.01 It is the mutual desire of the parties hereto that complaints of employees be adjusted as quickly as possible. It is understood that an employee has no grievance until they has first given their immediate Supervisor an opportunity to adjust their complaint.

7.02 "Grievance" means a difference or dispute between the Company and employees or the Union, coming specifically under this Collective Agreement concerning the interpretation, application, administration, or alleged violation of this Agreement, or the alleged violation of labour laws legislated by the Province of Ontario.

7.03 "Immediate Supervisor'' as used in this Article and throughout this Agreement shall mean the first level of Management responsible for the employee.

7.04 (a) There shall be no grievance until the immediate Supervisor of the aggrieved employee has been first given the opportunity to deal with the problem. Such problems must be discussed with the immediate Supervisor within five (5) working days (Saturday, Sundays, and holidays excluded) after the event or circumstances given rise to the problem have occurred, and, if the employee is not satisfied with the reply of the immediate Supervisor, which reply shall be communicated to the employee within five (5) working days, the employee may file a grievance in the following manner and sequence:

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(b) Step One

A written grievance signed by the employee must be presented to the employee's immediate Supervisor within five (5) working days after receipt of the reply from the immediate Supervisor.

A Union Steward may accompany the grievor if the grievor so requests. The nature of the grievance, section or sections of the Agreement which were alleged to have been violated, and the remedy sought shall be clearly set out in the grievance. The employee's immediate Supervisor will render a decision in writing within five (5) working days following the day on which the grievance was submitted.

Failing settlement, then:

(c) Step Two

Within five (5) working days following the decision under Step One, the written grievance must be re-submitted to the Director of Human Resources. Thereafter, the General Manager (or their designate) shall render a decision in writing to the grievor and the Union Office within fifteen (15) working days from the date the grievance was received by them. If either the General Manager or the Union require a meeting, it will be held at a mutually convenient time and location. Such meeting may include a Representative of the Union, the grievor, the Steward, as well as Representatives from the Company. Upon the conclusion of any such meeting, the grievor, the Union Steward, if in attendance, shall return to work immediately, it being understood that no employee shall suffer loss of earnings in respect to any such meeting held during working hours.

7.05 Policy Grievance

A grievance arising directly between the Company and the Union concerning the interpretation, application, or alleged violation of this Agreement shall be originated under Step Two and shall be submitted in writing and shall provide the information spelled out in Step One hereof.

Any grievance by the Company or the union as provided in this Article shall commence within ten (10) working days after the circumstances given rise to the grievance have occurred or have come to the attention of the parties.

7.06 The Union Agent may service grievances and the Collective Agreement with an individual employee, who so requests, in the Staff Room or a designated room. Such employee must first be released by the Manager - such release not to be unreasonably denied.

They will be required to provide the Supervisor/Manager with reasonable notice of their intention to visit the Hotel and inform the Supervisor/Manager on their arrival and before leaving the Hotel. It is understood the servicing of such

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grievances shall be done at a mutually agreeable time agreed by the Union Agent and Supervisor/Manager.

7.07 When an employee has been dismissed, they shall have the right to interview with a Union Steward for a reasonable time, provided the dismissal occurs on Company premises and a Union Steward is available.

7.08 The Union Representative shall be advised by telephone or fax of any terminated employee within two (2) days of the termination. Non-compliance with this provision will not void discipline or discharge otherwise meted out, nor will it prejudice the rights of a griever or the Union in pursuing a grievance.

Copies of disciplinary notices shall be provided to the Chief Union Steward and to the Union in a timely manner, upon request.

7.09 Disciplinary Notations/Warnings/Suspension: In addition, the Company will not rely on a specific disciplinary warning given to an employee where that employee has had no further disciplinary warnings of a similar nature within nine (9) calendar months immediately following the specific discipline in question. With respect to suspensions, the Company will not rely on a specific suspension given to an employee where that employee has no further suspension of a similar nature within eighteen (18) calendar months following the specific suspension in question.

7.1 O The Company will attempt to discuss discipline or discharge with the affected employee. An employee will be allowed to bring a Union Steward for any meeting they are to have with their supervisor.

ARBITRATION

7.11 Failing settlement under the foregoing Grievance Procedure (Article 7) of any grievance between the Parties, such grievance may be submitted to arbitration as set forth in Paragraph 8.03. If no written request for arbitration is received within twenty-one (21) working days after the decision under Article 7.04 (b) -Step Two, or under Article 7.05 is given, it shall be deemed to have been settled and not eligible to proceed to arbitration.

7 .12 All time limits fixed in Articles 7 and 8 may be extended by written mutual consent of the parties to this Agreement. A request for a time extension will not be unreasonably withheld by the other party provided such request is made prior to the date the time limit, for which the extension is being sought, has run out. Any grievance not submitted within the time limits nor advanced by the grieving party shall be deemed to have been abandoned. It being agreed the provisions of Subsection 6 and Section 44 of the Ontario Labour Relations Act do not apply under this Agreement. No matter may be submitted to arbitration (includes the provisions of Section 46 of the Ontario Labour Relations Act) which has not been properly carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the griever shall be entitled to submit a grievance to the next step of the Grievance Procedure or to Arbitration.

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7.13 If the Company or the Union request that a grievance as above provided be submitted to arbitration, they shall make a request in writing addressed to the other party to this Agreement, and at the same time appoint their nominee. Within fifteen (15) working days thereafter, the other Party shall appoint their nominee and notify the other Party. The two so nominated shall, within fifteen (15) working days of the nomination of the latter of them, attempt to settle by agreement the selection of the third person to be a member and chairperson of the Arbitration Board. If they are unable to agree on such chairperson, either nominee may then request that the Minister of Labour for the Province of Ontario assist them in the appointment of a chairperson. In the event of default by either party in nominating their representative to the Arbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall have the power to effect such appointment.

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

7.15 (a)

(b)

An Arbitration Board shall not have jurisdiction to amend or to add to the provisions of this Agreement, or to substitute any new provision in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement.

In the event that a grievance is submitted to arbitration on which the Arbitration Board has not power to rule, it shall be referred back to the Parties without decision or recommendation on its merits.

7.16 Each of the parties hereto will bear the fee and expense of the nominee appointed by them and the parties will equally share the fee and expenses of the chairperson of the Arbitration Board.

7.17 The arbitration award shall be binding on the parties to this Agreement and any employees involved.

Article 8 - Seniority

8.01 (a) Seniority, which will only be credited following the satisfactory completion of a probationary period of sixty five (65) shifts or four (4) months, whichever comes first, shall be determined for the purpose of this Agreement from the last date of employment with the Company in the bargaining unit. The probationary period may be extended up to a further ninety (90) calendar days by written agreement of the parties. Upon completion of the probationary period, the employee's name will be entered on the appropriate departmental seniority lists with seniority dated from the date last hired.

(b) During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary

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period and have been retained by the Company at the expiration thereof, shall be credited with seniority back to the date of last hire.

(c) Service shall be defined as length of continuous employment with the Company.

(d) There shall be a separate seniority and service list for full-time and part time employees.

8.02 Full time employees are those employees who work twenty-five (25) hours or more per week on an average basis over a six (6) month period. The six (6) month periods will be February to July and August to January. Employees who are on approved leaves of absences will be credited with the average hours worked in the weeks of the six (6) month period for which they are not absent.

8.03 Department Seniority

The Full time employees in each department will be given the most hours up to forty (40) hours per week from most senior to most junior. Employees subject to Employer approval shall have the opportunity to work fewer than forty (40) hours but no less than twenty-five (25).

The Part time employees in each department will be given the most hours up to twenty-four (24) hours per week from most senior to most junior. This in no way prevents any part time employee from working over twenty-four (24) hours if more hours are available.

Schedules will reflect the needs of the business.

8.04 The Company recognizes hotel wide seniority rights for all employees based on the most recent date of hire with the hotel. Hotel seniority applies to length of vacation entitlement, benefits and severance, if applicable.

8.05 Departments

The departments for seniority purposes are:

Housekeeping/Laundry/House person Front Desk Maintenance Breakfast Attendant Night Audit

8.06 Seniority lists based upon the date on which employees commenced work in their current department, showing said date, as well as the date of hire in the hotel if different, shall be maintained for each department, and posted and supplied to the Union quarterly. In the event of a discrepancy, the information contained in the relevant documents shall prevail.

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8.07 Employees may be transferred from their regular job within the hotel on a temporary basis for a period of up to one (1) week. The employee will be paid the rate for the new position or their own rate of pay, whichever is higher for the hours worked. If the transfer is for a period of greater than one (1) shift, the transfer will be offered to those employees available on a seniority basis. In the event that no employee accepts the transfer, the transfer will be assigned to the junior employee.

8.08 Layoff and Recall

(a) Employees may request a layoff out of seniority during slow time of the year given that the hotel is able to maintain a staff qualified to carry out required operations.

(b) The Employer will consider the requirements and efficiency of operations and the knowledge, training, skill and ability of the employee to perform the normal required work in determining which employee is laid off or recalled from layoff, and where these are relatively equal, the employee with the greatest seniority will be the last to be laid off and conversely, the first to be recall from layoff. For the purpose of this Article, a layoff shall mean a layoff of more than five (5) working days.

(c) In the case of a layoff, an employee with more seniority will have the right to bump an employee with lesser seniority in the same department, provided they are willing to do the job and has the skill, ability and efficiency to do the job.

(d) Before any employees are hired in the department, laid off employees in the department shall be recalled to work by registered mail, in the inverse order to which they were laid off.

8.09 In order for an employee to be considered eligible for a job vacancy, the employee shall make an application for the vacant position during the time of the posting for transfer to the vacant job. The Company agree to give first consideration to present employees for promotion or transfer to all job vacancies within the bargaining unit. Departmental seniority will be the governing factor in cases of promotions or transfers of employees where all other factors including skill, ability and efficiency are relatively equal.

8.10 An employee moved to a vacancy or promoted, within the bargaining unit, will be on a trial period of up to sixty (60) calendar days. During this period, the Company or the employee may decide that the transfer is not successful, in which case the employee will be returned to their previous position.

8.11 Where there is no successful applicants to a job posting, the Company may hire from outside the bargaining unit.

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8.12 Loss of Seniority

An employee shall lose all seniority and their employment shall be deemed to be terminated if they:

(a) voluntarily resigns from the employ of the Company;

(b) is discharged and such discharge is not reversed through the Grievance Procedure or Arbitration;

(c) fails to return to work within five (5) days of being recalled from layoff unless otherwise agreed between the Company and the employee. Notice of recall will be made by telephone, and if unsuccessful, by registered mail to the employee's last known address, and shall constitute a reasonable effort at recall on the part of the Company;

(d) has been off work for a period equal to their length of seniority up to a maximum of twelve (12) months;

(e) is absent from work for three (3) consecutive days, unless just cause exists;

(f) fails to return to work from an authorized leave of absence on the next scheduled working day following the expiry of the leave of absence unless just cause exists.

8.13 It shall be the duty of the employee to notify the Company's Human Resource office promptly, in writing, of any changes in their address and telephone number. If any employee fails to do this, the Company shall not be responsible for the failure of any notice to reach the employee and any notice which is sent to the address which appears in the Company's personnel records shall be conclusively deemed to have been received by the employee on the third day after it was so sent.

Article 9 - Vacation

9.01 All employees during their first calendar year of employment will not be entitled to take any vacation and will be paid their vacation pay entitlement for that year with their first pay of the following year.

9.02 Employees will earn their vacation pay during one (1) calendar year, commencing with their second calendar year.

9.03 An employee having one (1) or more years of continuous service at December 3pt shall receive two (2) weeks' vacation with four (4) percent of their earnings, year to date.

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9.04 An employee having five (5) or more years continuous service at December 31st shall receive three (3) weeks' vacation with six (6) percent of their earnings, year to date.

9.05 An employee having ten (10) or more years continuous service at December 31st shall receive four (4) weeks' vacation with eight (8) percent of their earnings, year to date.

9.06 An employee having fifteen (15) or more years continuous service at December 31st shall receive five (5) weeks' vacation with ten (10) percent of their earnings, year to date.

Article 10 - Commercial Workers Benefit Plan

10.01 The Employer shall contribute, for each employee in the bargaining unit, $283.36 for all FT employees and $111.05 for all PT employees each month into the Commercial Workers Benefit Plan. The contributions shall be remitted to the Plan administrator no later than the 25th day of the month for which the contributions are due in a manner and format required by the administrator.

For clarity, if there are employees working in July, the contributions are due on July 25th. The Employer will continue to maintain the Benefit Plan contributions for the first month of layoff. The Employer will continue to maintain the Benefit contributions while an employee is on sick leave as required by law.

Article 11 - Retirement Allowance (RRSP)

11.01 Hourly Premium

The Employer agrees to pay an additional twenty-two cents ($0.22) per hour on each hour worked and/or paid to employees (to a maximum of forty (40) hours per week).

The Employer will calculate and pay this amount, by separate cheque or separate direct deposit, four (4) times per calendar year on the first pay period in the months of March, June, September and December.

Should the Employer be able to set up an RRSP Group fund account for all employees within three (3) months from Date of Ratification, the Hourly Premium will be replaced by this RRSP Group Fund.

Article 12 - Retirement Allowance (Effective January 1, 2012)

12.01 For those employees whose age and service equal seventy-five (75) and who chose to retire at or after the age of sixty (60) and before the age of sixty-one (61) shall be entitled to a lump sum payment of two thousand ($2,000.00) dollars

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for every five (5) years of service or part thereof to a maximum of ten thousand ($10,000.00) dollars.

For those employees whose age and service equal seventy-five (75) and who chose to retire at or after the age of sixty-one (61) and before the age of sixty-two (62) shall be entitled to a lump sum payment of one thousand and eight hundred ($1,800.00) dollars for every five (5) years of service or part thereof to a maximum of nine thousand ($9,000.00) dollars.

For those employees whose age and service equal seventy-five (75) and who chose to retire at or after the age of sixty-two (62) and before the age of sixty­three (63) shall be entitled to a lump sum payment of one thousand and six hundred ($1,600.00) dollars for every five (5) years of service or part thereof to a maximum of eight thousand ($8,000.00) dollars.

For those employees whose age and service equal seventy-five (75) and who chose to retire at or after the age of sixty-three (63) and before the age of sixty­four (64) shall be entitled to a lump sum payment of one thousand and four hundred ($1,400.00) dollars for every five (5) years of service or part thereof to a maximum of seven thousand ($7,000.00) dollars.

For those employees whose age and service equal seventy-five (75) and who chose to retire at or after the age of sixty-four (64) and before the age of sixty-five (65) shall be entitled to a lump sum payment of one thousand ($1,000.00) dollars for every five (5) years of service or part thereof to a maximum of five thousand ($5,000.00) dollars.

The parties agree that the maximum number of bargaining unit members to be eligible to avail themselves of the benefit provided per calendar year will be two (2). In the event that more than two (2) bargaining unit employees apply, seniority will be the governing factor.

Article 13 - Management of Employees

13.01 The Company reserves all rights and prerogatives in the management of the business, unless clearly and explicitly granted to the Union by this Agreement and the Union shall not in any way interfere with these rights. These rights and prerogatives so reserved include, but are not limited to, the right to hire, the right to discharge for just cause, the right to determine the methods and means by which operations are to be conducted, including specifically, the right to direct the work force and the right to exclusively manage the operation.

The Company may exercise any right or prerogative so long as it is not in conflict with the express terms of this Agreement. Failure to exercise the right or prerogative in a particular manner is not a waiver of such right or prerogative. Further, the Company agrees that in the exercise of management rights and in the administration of this. Without restricting the generality of the foregoing, such rights of the Hotel shall include the right to:

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(a) Instruct and direct employees in their duties and responsibilities. (b) Control the use of buildings, equipment, utensils, machinery, tools,

material, instruments, clothing, uniforms and all other articles or things belonging to the Hotel.

(c) Formulate policies, rules and regulations. (d) Maintain order and discipline, to hire, promote, transfer, demote, classify,

layoff, recall, retire, suspend or discharge or otherwise discipline employees for just cause.

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

(f) Limit, suspend or cease operations, sub-contract or make necessary arrangements due to a change in the Hotel's policies.

It is understood and agreed that these rights shall not be exercised in a manner inconsistent with the terms of this Agreement.

Article 14 - Hours of work/overtime/rest and meal breaks

14.01 The normal hours of work for full time employees shall be forty (40) hours per week which shall normally be made up of five (5) days of eight (8) hours each, but this shall not be considered a guarantee of any hours of work. Every effort shall be made to schedule two (2) consecutive days off in each week.

For all full time and part time employees in excess of eight (8) hours in a day or forty (40) hours in one (1) week shall be paid at the overtime rate of time and one half (1.5) the employees regular rate.

14.02 No employee shall be regularly called in for less than four (4) hours in any day. No shifts less than seven (7) hours to be split. No shift may be split more than once. All split shifts must be worked within a twelve (12) hour period.

(a) New hire employees will be scheduled for no less than six (6) three (3) hour shifts in the first two (2) weeks of employment.

(b) Training of the above mentioned new hire will be designated by the General Manager or their designate.

(c) Designation of the training as outlined in 14.02 (a & b) will not in any way encumber the average wage of any employee more senior.

(d) Training Allowance of one ($1.00) dollar per hour extra will be paid for all hours when designated by the General Manager or designate.

14.03 The recognized shifts for all regular classifications shall be four (4) or more hours. Any shift may be extended up to eight (8) hours.

14.04 (a)

(b)

An employee reporting for their scheduled shift, unless notified in accordance with clause 14.04 (b) not to report for work, shall be paid not less than four (4) hours' pay at the employees straight time rate of wages.

If the Company does not need the services of a given employee on a given scheduled day, it must notify the employee at least three (3) hours

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before the scheduled starting time and tell the employee not to come to work. If this three (3} hour time limit is not met, then clause 14.04 (a) applies.

(c) Employees who cannot report for their scheduled shift will be required to notify the Hotel of such at least three (3) hours before the commencement of their shift.

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

14.06 Work schedules shall be posted on the Staff Room bulletin board by four (4) p.m. on Monday of each week.

14.07 Employees must punch/sign in and out when arriving and departing from their work station.

14.08 Each employee shall punch/sign only their own time card.

14.09 In accordance with requirements of service and wherever possible, regular full time employees will be assigned two (2) rest days, and where practicable, shall be consecutive.

14.1 O Errors in pay cheques that are greater than $25.00 will be adjusted and a separate pay cheque will be issued within 48 business hours. This does not include Saturdays, Sundays or Statutory Holidays.

The payment for Tour Baggage will appear on pay cheques as gratuities and not as regular pay as was previously the case.

14.11 The regular scheduled start time for a minimum of one ( 1) housekeeper on Saturday will be 8:00 am and Sunday and Holidays at 9:00 am. The start time will be rotated amongst the housekeepers that are normally scheduled on those days. This start time will be changed on an as required basis to facilitate the proper operations of the hotel.

Article 15 - Uniforms

15.01 The Company agrees to provide uniforms to employees, two (2) to full time employees and two (2) to part time employees and to replace these uniforms on an as required basis. Any employee who requires a special uniform, after the initial supply takes place will supply it at their own expense. Uniforms may only be worn on the Company property while being compensated for scheduled work.

15.02 If and whenever the Company supplies a washable uniform, the employee shall be required to launder, repair and at all times take reasonable care to maintain the quality of the uniform as may be designated from time to time by the Company, at the employees' expense for cleaning.

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15.03 Safety Shoe Allowance

The Company shall provide Maintenance employees who have completed their probation period a safety shoe allowance of seventy-five dollars ($75.00) on January 15th of each year.

Article 16 - Paid Holidays

16.01 All employees covered by this Agreement will be entitled to the following holidays:

New Year's Day Canada Day Christmas Day Family Day Labour Day Easter Sunday

Good Friday Boxing Day Civic Holiday Victoria Day Thanksgiving Day Floating Holiday

16.02 Holiday pay will be calculated as per the Employment Standards Act. Holiday pay calculated at time and one half (1.5) for all hours worked on statutory holidays shall be offered in descending order by seniority in a classification but in any event, the most junior employee in the classification must work when no others will.

Article 17 - Bereavement

17.01 It is agreed that after a full time or part time employee has completed their probationary period, the Company shall grant five (5) consecutive days' leave of absence with pay on the death of a spouse, common law spouse/partner, mother, father, sister, brother, child and grandparent and grandchild. For clarification purposes, immediate family includes but not limited to common law, step, half and same sex relations.

17.02 It is agreed that after a full time or part time employee has completed their probationary period, the Company shall grant one (1) day's leave of absence with pay on the death of the employees mother-in-law, father-in-law, sister-in-law and brother-in-law.

17.03 Payment shall be made at the employees straight time hourly wage rate based on the number of normal hours the employee would otherwise have worked.

17.04 The Company reserves the right to request proof of relationship and bereavement.

Article 18 - Lunch and Rest Periods

18.01 Employees shall have one half (1/2) hour for lunch, on their own time, to be taken by the fifth (5th) consecutive working hour. Whenever possible, lunch breaks will

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be given at the employees requested time, provided that the Company has the right to maintain an adequate and competent work force. Two (2) fifteen (15) minute breaks may be taken on Company time, one (1) in each half (1/2) of the shift.

Employees are to be at their assigned work stations as designated by the manager during all times while not on a scheduled break unless periorming other duties as assigned by the manager. Employees who take smoke breaks at times other than scheduled rest breaks will be docked fifteen (15) minutes pay for each occurrence. More than four (4) such unscheduled breaks in any week without obvious probable cause shall be deemed abuse by Management and subject to disciplinary action.

Front desk will continue to receive a half (1/2) hour paid lunch.

Article 19 - Work Loads Re: Housekeeping

19.01 (a)

(b)

(c)

(d)

Room Attendants will clean sixteen (16) per shift, as well as other duties assigned by the Executive Housekeeper.

The most senior Room Attendants will be scheduled the most hours, with other employees being given hours that are available.

The normal starting times for Room Attendants will be between 8:00 a.m. and 10:00 a.m. on the day shift and afternoon and evening shifts will be scheduled as per requirements, and the Hotel will consult the Union in this regard.

The Room Attendants will consult with the Executive Housekeeper in the event that their workload will be unusually heavy for that shift, and that the Executive Housekeepers' discretion the number of rooms may be reduced, or extra help may be made available.

Article 20 - Baggage Handling

20.01 The Maintenance Department shall be responsible for the baggage handling schedules. Baggage handling will be paid to the employee who periorms the task and each bag is two ($2.00) dollars in and two ($2.00) dollars out.

Article 21 - General

21.01 The Company agrees to post a copy of the house rules upon the signing of this Agreement.

21.02 Employees shall be paid every second Thursday. The Company will provide a separate or detachable itemized statement with each pay cheque, or a similar statement for those employees who use direct deposit, showing the number of

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hours at straight time, overtime, wage rate and itemized deductions from the amount earned.

21.03 The Company agrees to maintain its existing adequate facilities for all employees on duty for the purpose of taking rest and meal breaks; however, employees shall be allowed to leave the premises in order to obtain meals so long as they return to their place of work before the conclusion of their meal period.

Article 22 - Health and Safety

22.01 The Company and the Union agree they will mutually cooperate and maintain reasonable standards of safety and health in order to prevent injury and illness.

22.02 The Company and the Union acknowledge the importance of a well-functioning Health and Safety Committee with representatives from employees and management.

The parties will abide by the OHSA of Ontario.

Article 23 - Control of Absenteeism

23.01 Recognizing that the absenteeism by employees creates staffing and scheduling problems, disruption in the work place to the detriment of other employees and increased cost to the detriment of all parties, the Company is entitled to use any or all of the following measures in the control of absenteeism:

(a) The company may require an employee to provide a medical certificate of the employee's illness or injury as a cause for the employee's absence from work. Where the employee shows signs of excessive absenteeism, the Company may require that the employee provide a doctors certificate for any one day absence. Excessive will be understood by the parties to mean five (5) or more day's absence in any one (1) year.

(b) Every employee who is unable to report for work due to illness or injury shall notify their respective department manager or General Manager as outlined within this Agreement. In the event the Company is not satisfied by the evidence presented by the employee that the absence was justified and proper, the Company may institute the appropriate level of progressive discipline as this absence will be deemed to be just and reasonable cause.

Article 24 - Authority Re: Cheques, Credit Cards and Credit Accounts

24.01 Employees who follow corporate policy at the front desk in regards to cash management will be held harmless. If the employee fails to follow corporate policy in regards to cash management, they will be held accountable.

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Article 25 - Discrimination and Harassment

25.01 Both the Employer and the Union agree to abide by the provisions of the Human Rights Code, Labour Relations Act, Occupational Health and Safety Act and Employment Standards Act as they relate to harassment and discrimination.

Article 26 - Duration

26.01 This agreement shall be in force and effect from Date of Ratification, and shall continue in effect until December 31, 2018, and shall continue automatically thereafter for annual periods of one (1) year each unless either party gives notice.

26.02 Either party may give the other party notice of amendment of this Collective Agreement at any time within ninety (90) days prior to the expiry of this Collective Agreement.

26.03 The parties shall meet within twenty (20) days of such notice being received or on such date as agreed upon by the parties.

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Schedule "A" - Wages

All employees on the payroll on the Date of Ratification with over one (1) years' service will receive a signing bonus of $2,000.00. All employees on the payroll on the Date of Ratification with less than one (1) years' service will receive a signing bonus of $1,000.00. The signing bonus will be on a separate cheque within 2 weeks of the Date of Ratification.

The Employer agrees to pay the following to all rates and off rates:

Effective Date of Ratification - 3 % increase Effective January 1, 2018 - 3 % increase Effective July 1, 2018 - 3 % increase

Classification Rate Date of Ratification Room Attendant 1 Year $13.86 Laundry Attendant

I Year $13.86

Houseperson $13.86 Guest Service Representative 1 Year $13.86 Maintenance Person 1 Year $13.86 Breakfast Attendant 1 Year $13.86 Night Auditor 1 Year $14.90

Jan. 1,2018 $14.28 $14.28 $14.28 $14.28 $14.28 $14.28 $15.35

July 1, 2018 $14.71 $14.71 $14.71 $14.71 $14.71 $14.71 $15.81

Start rate is $1.00 less; six (6) month rate is $0.50 less however no rate will be paid that is below the Minimum Wage.

All existing employees on the payroll as of Date of Ratification, whether in the progression grid or at the top rate, will be above any Provincial Minimum Wage increase by no less than $0.28 cents. (Minimum Wage Plus)

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Schedule "B" - United Food and Commercial Workers Education and Training

Effective date of ratification, the Company agrees to contribute per employee into the United Food and Commercial Workers Canada, Local 175 Education and Training Fund, the following amounts by the 15th of the month following the month in which the hours were worked:

Seven ($0.07) cents per hour for all hours worked by the bargaining unit employees, to a maximum of forty (40) hours per week, per employee.

This will be sent on a separate cheque.

Dated this I?- day of

Patricia Schwabl

,~·e~vl.a ~\vr1 rVvUYt£ Brenda Simmons

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Between:

And:

LETTER OF UNDERSTANDING #1

WINDSOR RIVERSIDE HOTEL LP

carrying on business as

TRAVELODGE WINDSOR ("the company")

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 ("the Union")

Re: Bottle Collection (Housekeeping and Maintenance)

The practice of collecting wine, spirit and beer bottles and sharing the proceeds of the returns will be established accordingly:

1. Bottles will be collected and stored at the hotel and on a monthly basis, or as needed, the bottles will be cleaned and returned to the beer store for the refund money. This will be done on the employees' own time.

2. The funds collected will be distributed amongst the unionized housekeeping and maintenance employees in December of each year.

FOR THE EMPLOYER

D1Jit:t~f£ Patricia Schwab!

f}n/e1~ S,m1"1.,1Y~ Brenda Simmons

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