.. FILE No. CERT. FILt 115 lo - '" q 5 . CERT.OATE Dec. IIQ, '"'*5 COLLECTIVE AGREEMENT TOTALEMPS EFF. DATE Ma"l 01, 2001 EXP.OATE AP(IL I '2.010 BETWEEN: I . OCT 2010 . 2071111 ONT. INC. CODING CONTROL DATE CODER COLLECTIVE BARGAINING INFORMATION SERVICES ! IOENT CODED RECEIVED- UNION I OTHER ; c.o.b. as v oe.r. 01, 2010 I EMPLOYER I TRAVELODGEINGERSOLL Ingersoll, Ontario c.o.b. as COMFORT INN & SUITES (Hereinafter called the "Company 11 ) AND: UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (Hereinafter called the "Union") Term of Agreement: May 1, 2007 - April 30, 2010
Transcript
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FILE No. ~15-0lPI0-10
CERT. FILt 115 lo - '" q 5 . ~
CERT.OATE Dec. IIQ, '"'*5 COLLECTIVE AGREEMENT
TOTALEMPS
EFF. DATE Ma"l 01, 2001
EXP.OATE AP(IL ~0 I '2.010
BETWEEN: I . OCT ~.1 2010 .
2071111 ONT. INC. CODING CONTROL DATE CODER
COLLECTIVE BARGAINING INFORMATION SERVICES
!
IOENT CODED
RECEIVED-
UNION I OTHER
; c.o.b. as v
oe.r. 01, 2010
I EMPLOYER I TRAVELODGEINGERSOLL Ingersoll, Ontario
c.o.b. as
COMFORT INN & SUITES (Hereinafter called the "Company 11
)
AND:
UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
(Hereinafter called the "Union")
Term of Agreement: May 1, 2007 - April 30, 2010
TABLE OF CONTENTS ARTICLE PAGE
1 Purpose ............................... j . 1 2 Recognition ............................ l • 1 3 The Bargaining Unit ...................... J • 2 4 Union Security .......................... l . 3 5 Relationship ............................ J . 5 6 Definition of Employee .................... l . 5 7 Leave of Absence . . . . . . . . . . . . . . . . ....... J • 7 8 Union Representation ..................... J • 8 9 No Strike or Lockout ..................... J . 9 ·
1.01 · The general purpose of this Agreement is to establish the terms and conditions of employment between the Cofpany and the employees who come within scope 9f this Agreement, and to provide for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions, hours and jwages for the parties who are subject to the provisions of this Agreement.
ARTICLE 2- RECOGNITION
2.01 The Company recognizes the Union as the sole and excl:lusive I
bargaining agent for all employees of Travelodge Ingersoll, 2071111 Ont. Inc, operating as Comfort Inn & ~uites, at its Hotel located at 20 Samnah Crescent in the T0wn of Ingersoll, Ontario, save and except Supervisors, p~rsons above the rank of supervisor, office, sales and clerical staff, audit staff, accounting staff, management trainees) front desk staff, reservations staff, security staff, and st~dents employed during the school vacation period. I
2.02 a) All jobs for which wage rates are established ~Y this I
Agreement shall only be worked by employees w1ho are
considered in scope, save and except work that has been historically performed by management, prdviding such work does not cause the layoff of a Bargaining Unit employee or a reduction of hours of a full-time or part-time employee. Bargaining Unit employbes on layoff will not be replaced by a Member of Manag~ment except in a non planned extenuating circumstajce.
b) The Parties hereto agree that work that re~uires certain professional expertise and levels of t~aining · normally outside of employees within the Bargaining Unit may be contracted out by the Company. Ar
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eas of work historically contracted out by the Company, which
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the Company may continue to so contract shall, without limiting the following, include:
(i) maintenance and repair to specific equipment; (air conditione·r, furnace, etc.)
(ii) garbage disposal; (iii) bank deposits and security; (iv) exterior window cleaning; (v) repair and maintenance to washers, dryers, and
related equipment. (vi) landscaping and snow removal
ARTICLE 3 - THE BARGAINING UNIT
3.01 The terms of this Agreement apply to all employees as defined in Article 2.0 and listed in Schedule "A" df this Agreement. All employees who regularly work twenty-five
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{25) hours or more in any one week will be classified as regular full-time employees of the Company. Regula1r fulltime is defined as an employee who has worked mon~ than twenty four (24) hours per week in a eight (8) week pfrlod.
Part-time employee mean·s an employee employed in the bargaining unit who is regularly employed for twenty-four {24) hours or less per week. Part-time employees are not entitled to benefits relating to Health and Welfare bene:fits or sick leave that are afforded to regular full-time emplbyees
· covered by this Agreement. ·
A part-time employee may work in excess of twentt four {24) hours per week when relieving employees wh:o are absent due to vacation, leave of absence, sickness and accident provided such ab~ences are not in excess of ~ight (8) weeks. Subject to Article 3.01 part-time employees may work in excess of twenty four {24) hours per week in order to cover for unscheduled leaves of absence.
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3.02
3.03
4.01
4.02
4.03
4.04
In this Agreement, words using the feminine gender include the masculine and the neuter; the singular includ~s the
· plural, and the plural singular where the text so indic~tes.
In the event the Company wishes to establis~ new classifications within the bargaining unit, it shall notify the Union in writing. The wage rate for the new classifications shall be negotiated between the parties. Failing settl~ment, the matter will be dismissed by the Company and the c~ncept of a new classification will be dropped.
All employees shall be on probation for a period of ninety (90) calendar days from the date of hire. Union duJs and initiation fees and special assessment shall be deducted as outlined in 4.03, 4.04 and as outlined in Article 2 ~f this Agreement.
The parties agree that all employees covered hereunder shall as a condition of their employment, become and rbmain members of the Union in good standing in accordancb with the by-laws and constitutions of the Union.
Any new employee hired after the signing of this agreement shall after completion of his probationary period, lmake application for membership in the Union and shall become
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and remain a Member of the Union in good standing after his probationary period as a condition of his employment with the Company.
The Company shall, during the life of this agreement as a condition of each employee's employment, deduct fronh each pay cheque due to each employee, the prevailing union dues, special assessments and initiation fees, and remit the same· to the United Food and Commercial Workers Union, 2200 Argentia Road, Mississauga, Ontario, LSI\1 2K7, prior to the fifteenth (15th) day of the month following the mohth in
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which such deductions are made and shall at the same time submit a list of the employees from whose payl such deductions have been made. In the event that the .Union dues are increased during the term of this Agreement, the Company shall be given thirty (30) day's prior notice. The remittance statement shall be documented by lotation containing a dues and initiation report which will be prbvided in the form of e-mail ([email protected]) or on a co~puter diskette as well as a hard copy of the dues report \being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel, Quattrb Pro, Lotus or other software program acceptable and adaptable to·
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the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the follbwing information: as known to the Company.
1. S.I.N 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code) 6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation
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10. Union dues dediJcted (or the reason a deduction was I
not made). If dues are deducted weekly, lieport requires five (5) columns for reporting
11. Total dues deducted 12. Back dues owing 13. Vacation pay breakdown of dues owing 14. Initiation fees deduCted 15. Total Initiation Fees deducted
4.05 The Union agrees to save the Company harmless from any claims arising from the collection of the Union dues.
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4.06 The Company will not be responsible for the collection of any dues where, because of absence from wor~, the employee has no earnings from which dues are required to be deducted. The Union will notify the Company as ~o the amount of deductions for employees who are off on WSIB, Weekly Indemnity, leave of absence, or layoff.
ARTICLE 5 - RELATIONSHIP.
5.01 The Company and the Union or their representatives shall not discriminate, intimidate, threaten, or use coercion
~-- - - . ~ ~ - - I . against employees of the Travelodge Ingersoll with respect to terms of or conditions of employment on the grouhds of race, creed, colour, age, sex, marital or parental status, religion, nationality, ancestry, or place of origin, union membership or activity or physical disability.
5.02 The Union agrees that no Union member will conduct Union activities on the Company premises during working hours or in public areas except as specifically permitted t:>y this agreement or with the written permission of the Com1pany, which will not be unreasonably withheld.
5.03 The authorized Business Agent or Representative of the I
~union shall be permitted;- after receiving prior perm.ission from the Hotel Manager and permission will nbt be unreasonably withheld, to talk with any employee regarding Union matters during regular working hou~s, but all interviews of employees by the Union Representative shall be carried on in a place designated by the Com1pany. The time taken in excess of ten (10) minutes shall not be on Company's time. The Representative shall lirrlit his visits to public areas.
ARTICLE 6 - DEFINITION OF EMPLOYEE
6.01 The definition of maintenance man is that of a janitor I
primarily cleaning save and except work that has
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historically been performed by the Maintenance Manager or contracted out.
6.02 a) It is recognized, however, that the positi9n of Maintenance Manager has regularly involved, in addition to management functions, normal jaditorial duties, which duties are recognized in this Agreement and are to be continued.
b) The Parties hereto agree that work that requires certain professional expertise and levels of tr~ining normally outside of employees within the Barg~ining Unit may be contracted out by the Company.
c) Areas of work historically contracted out br the Company, which the Company may continue to so contract shall, without limiting the following, include:
(i) maintenance and repair to sbecific equipment; (air conditioner, furnace!, etc.) .
(ii) garbage disposal;
(iii) bank deposits and security;
(iv) exterior window cleaning;
(v) repair and maintenance to washers, dryers, and related equipment;
(vi) landscaping and snow removal.
(d) The Parties acknowledge that the bonus system in the Housekeeping Department has been the historical method of operation for the Company.
(e) Maintenance and general repairs normally perf0rmed by the Maintenance Manager shall continue to be
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carried out, including overseeing of work contracted out in the general maintenance area.
ARTICLE 7 - LEAVES OF ABSENCE
7.01 The Company shall grant a leave of absence to not more than one (1) employee from the bargaining unit, who is selected to attend Labour Conventions or to serve dn any official Union business. The Company shall be given fourteen (14) days notice, in writing, and shall not incur any cost whatsoever attendant to such permission being granted. The employee will suffer no loss of Hghts formerly enjoyed before such leave was granted.
7.02 Special leave of absence without pay up to thre.e (3) months without loss of seniority or loss of any rights and privileges shall be granted for valid personal redsons. Applications for leave under this section showing d~te of commencement, duration of leave, date of return a~d the reason for the leave, must be given to the General Manager or his designate in writing at least four ( 4) +eeks before the leave is to be taken, or in an emergJency situation that the General Manager or his designa~e be advised at the earliest possible time. Such permission
-shall not be unreasonably-withheld. In situations bther than emergencies, the Manager or his designate will reply in writing to the employee within ten (10) days after receipt of the request for said leave.
On return to work, the employee shall be placed in his former position.
It is understood between the parties that an employee who I'
works for another Company while on leave of absencre, as herein provided, shall be deemed to have terminat~d his · employment with the Company unless such permissioh has been granted in writing by this Company in advante of commencement of said leave.
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7.03 Employees who serve on a jury or subpoenaed as w1itness for the Crown shall be granted leave of absence f0r this purpose and provided that the employee concerne~ first
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deposits with the Company any pay receivedj, the employee shall continue to receive his full wage for such period of time to serve as a juror or Crown witnessJ
7.04 MATERNITY AND PARENTAL LEAVE
Maternity leave, as per the Province of Ontario Labour Standards.
ARTICLE 8- UNION REPRESENTATION
8.01 a) The Company agrees to recognize two (2) Stewards, at is its place of business, provided the Unioh has advised the Company in writing of the name bf the Stewards so appointed or elected.
b) The Union acknowledges the Shop Stewards first duty to perform work on behalf of the Company, andl, if he is required to service a grievance during working hours, he will not leave his regular duties withoJtfirst obtaining permission from his immeldiate Supervisor/Manager stating who he wishes to contact and the expected duration of his absence. I Such· permission shall not be unreasonably withheld; however, when it is granted, the matter shall bel dealt with expeditiously and the Steward will report to his Supervisor/Manager immediately upon his retut
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n. · It. is further understood that the processing of a grievance shall not interfere with the regular conduct of business including the servicing of customers[ The service of a grievance shall be done in the staff lroom or any room the Supervisor/Manager may require.
The Steward will not interfere with the operatibn or affairs of the Company or Hotel and managemJnt or
c)
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direction of the work force, unless it is of an unsafe health and safety issue.
d) The Negotiating Committee shall consist of up to two (2) bargaining unit members, who have comipleted their probationary period and are elected or apppinted by the Union. The Employer will pay one hundred percent (100°/o) of the Negotiating Committee's Wages up to a maximum of eight (8) hours per day for all days spent in Negotiations, up to conciliation.
The Employer will pay the cost of the meeting rooms for all negotiations provided meetings are held on the Company's property.
8.02 BULLETIN BOARDS
The Company agrees to maintain a glass enclosed bulletin board supplied by the Union to be located by the p1.mch clock. There will be two (2) keys, one held by Management one by a Steward. The purpose of the lboard will be for the posting of notices directly relating to the bargaining unit members of the Hotel. The notice~ shall first receive the approval of management, which shall not be unreasonably withheld.
ARTICLE 9 - NO STRIKE NO LOCK OUT
9.01 As per the Ontario Labour Relations Act.
ARTICLE 10 - GRIEVANCE PROCEDURE
10.01 It is the mutual desire of the parties hereto that comRI1
1aints · of employees be adjusted as quickly as possible. It is understood that an employee has no grievance until He has
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first given his immediate Supervisor an opportunity to
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adjust his complaint. Any complaint, disagreem~nt, or difference of opinion between the parties hereto concerning the interpretation, application, or any alleged violation of this Agreement, or concerning the disch~rge or discipline of an employee which may be alleged to be unjust, shall be considered to be a grievance.
10.02 "Immediate Supervisor" as used in this Article and throughout this Agreement shall mean the first l~vel of Management responsible for the employee.
10.03 (a) There shall be no grievance until the immediate Supervisor of the aggrieved employee has bee1n first given the opportunity to deal with the problem.
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Such problems must be discussed with the immediate Supervisor within five (5) working days (Satu~days, Sundays, and holidays excluded) after the ev~nt or circumstances given rise to the problem 1 have occurred, and, if the employee is not satisfied with the reply of the immediate Supervisor, which repl~ shall be communicated in writing to the employee w\
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ithin · five (5) working days, the employee may file a grievance in the following manner and sequence.
(b) Step One
A written grievance signed by the employee must be presented to the employee's immediate Supe1rvisor
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within five (5) working days after receipt of the1 reply
from the immediate Supervisor. A Union Representative or Steward may accompant the Grievor if the Grievor so requests. The nature bf the grievance, section or sections of the Agreement Fhich were alleged to have been violated, and the remedy sought shall be clearly set out in the grievancel The employee's immediate Supervisor will render a decision in writing within five (5) working days following the day on which the grievance was
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10.04
submitted. If the Union chooses to attend or send representation they will notify the Company df their intentions with sufficient notice.
Failing settlement, then:
(c) Step Two
Within five (5) working days following the decision under Step One, the written grievance mJst be resubmitted to the General Manager (o:r his
· designate). Thereafter, the General Manager (or his designate) shall render a decision in writing to the Griever and the Union Office within fifteen! (15) working days from the date the grievance was received by him. If either the General Manager br the Union require a meeting, it will be held at a mutually convenient time and location. Such meeting may include a Representative from the Union, the G
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rievor and the Steward, as well as Representatives fro
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m the Company. Upon the conclusion of any such meeting,. the Griever, the Union Steward, if in attendance!, shall return to work immediately, it being understootl that no employee shall suffer loss of earnings in res~ect to
··~any such meeting held during working hours prior to implementation of Article 11 of this agreementJ
Failing satisfactory settlement at Step Two, bither party may apply for Arbitration as provided ih this agreement. I
Policy Grievance · I
A grievance arising directly between the Company ar:'d the Union concerning the interpretation, application, or alleged· violation of this Agreement shall be originated unde1 Step Two and shall be submitted in writing and shall provide the information spelled out in Step One hereof.
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10.05
10.06
Any grievance by the Company or the Union as provi1ded in
this Article shall commence within ten (10) working days after the circumstances given rise to the grievance have occurred, where both parties should have known abdut the alleged violation.
Should the Company have or receive a Grievance as defined in this agreement the same course of acti9n and steps will apply should the roles have been reversed.
The time limits as prescribed in the Grievance Procldure, Arbitration and Discharge Cases may be extended if requested in writing and by mutual agreement ~f the parties.
ARTICLE 11 - ARBITRATION
11.01
11.02
Failing settlement under the forgoing Grievance Procedure (Article 10) of any grievance between the parties) such grievance may be submitted to arbitration as set fdrth in
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paragraph 10.03 c). If no written request for arbitration is . received within twelve (12) calendar days afte1r ·the
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decision under Article 10.03 c)- Step Two, or under frticle 10.04 is given1 it shall be deemed to have been settled and not eligible for arbitration. I
All time limits fixed in Article 10 and 11 are mandatoljY and may be extended by written mutual consent of the ~arties to this agreement. Any grievance not submitted within the time limits nor advanced within the provided time lirrhts by the grieving parties shall be deemed to have I been abandoned. No matter may be submitted to arbitration (includes the provision of Section 48 and 49 ( 4) 9f the Ontario Labour Relations Act) which has not been properly carried through all the requisite steps of the Grie~ance Procedure.
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11.03 The Arbitrator shall not have jurisdiction to makle any. decision inconsistent with the provisions of this Agre~ment not to alter, modify or amend any part of this Agre~ment.
ARTICLE 12 DISCHARGE AND DISCIPLINARY CASES
12.01 The Union acknowledges that probationary employees may I
be dismissed for reasons less serious than would justify the dismissal of an employee on the seniority list, and Will not question the dismissal of any employee until the employee has completed the probationary period, unless the dismissal violates the Human Rights Code or other applicable legislation.
12.02 a) No entry shall be made on an employee's ~ecord regarding discipline unless the matter is first discussed with the employee. A copy of the disciplinary ~ction shall be supplied to the employee at the meeting. The employee shall have the right to have a !Union Steward in attendance during the above mentioned procedure. . . I
12.03
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b) In the event of discipline all employees shall be subject to progressive discipline in the form' of a verbal ~warning, written warning, suspensioM and termination except in situations involving bJt not limited to gross insubordination and or theft of guest or Company or fellow employees' property.
c) When an employee receives a disciplinary warning, such warning shall be removed from the emplbyees file eighteen (18) months from the date of occur~ence, providing no further incidents of a similar nature occur.
I . When an employee is dismissed for cause it shall be without notice or pay in lieu thereof.
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12.04 Employees shall have the right to file a grievance under the terms of this Agreement if any disciplinary actipn has been administered to them without cause. A clair"Ti by an employee that the employee has been unjustly disc~arged from their employment may be treated as a grievance if a written statement of such grievance is lodged with the General Manager of the Hotel in accordance with the grievance procedure within three (3) working dayS after the employee ceases to work for the Company.
ARTICLE 13-CONTINUOUS SERVICE - UNION SECURITY
13.01 a) Seniority, which will only be credited followihg the satisfactory completion of a probationary pe~iod of ninety (90) calendar days, shall be determined for the purpose of this Agreement from the last date df hire with the Company in the bargaining unit.
b)
c)
During the probationary period, the probationary I
employee shall have no seniority standing. Employees who have completed said probationary perio~ and · have been retained by the Company at the expi,ration thereof, shall be credited with seniority back to the date of hire.
Service shall be defined as length of continuous employment with the Company. I
d) There shall be a separate seniority list for full-time and part-time employees.
13.02 An employee shall lose all seniority and his employment shall be deemed to be terminated if he:
a) voluntarily resigns from the employ of the Company;
is discharged and such discharge is not re~ersed through the Grievance Procedure or Arbitration~
b)
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13.03
c) fails to return to work within five (5) days of1
being recalled from layoff unless extreme exten!uating circumstances have prevented the employee from contacting the Company. Notice of recall ~ill be made by telephone, and if unsuccessful, by registered mail to the employee's last known address, anti shall constitute a reasonable effort at recall on the wart of the Company;
d) has been off work for a period equal to his length of seniority up to a maximum of twelve (12) months;
e)
f)
g)
is absent from work for three (3) consecutive days, without consent of Management;
is absent on sick leave for a period in excess of twelve (12) months, subject to the provisions of the o:ntario Human Rights Code. It is understood by the Rarties that an employee's reinstatement after sick leate will·
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be conditional on his supplying, when requested, a certificate from his physician that he is fully recd
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from the sickness which caused his absence. Should such termination occur and the employee is in r~ceipt of Long Term Disability benefits, he will conti~ue to -receive ·such benefits as pe-r the plan. · I
fails to return to work from an authorized leave of absence on his next scheduled working day follpwing
· the expiry of the leave of absence unless extreme extenuating circumstances exist.
The Company will post a seniority list for the employees in I
the bargaining unit on January 1st and July 1st ofl each year .. A copy of such list will be supplied to the Union Steward. Employees will have one (1) week to challlenge ·. the accuracy of the list. Thereafter, it shall be binding on all Parties until the circulation of the next list.
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13.04 In promotions within the bargaining unit, preference shall be given to those employees having the longest se~iority, provided always that the employees in question pbssess the skill, competence, efficiency and reliability fbr the position.
13.05 Where the Company determines to discontinue a position(s) and reduce the bargaining unit work fdrce, it shall lay off the employees in the following sequende:
First- Lay off employees who have not complete~ their probationary period in accordance with Article· 13.01 of this Agreement; . . I
Second- Lay off employees regularly employed for not more than twenty-four (24) hours per w~ek in accordance with their seniority;
Third- Lay off employees regularly employed for more than twenty-four (24) hours in accordance with. their seniority.
In the event of an indefinite layoff of more than thliee(3) months duration, a regular full-time employee:
a)
b)
who has completed his probationary period with less than one (1) year's continuous service, sh~ll be provided one week's notice of layoff or pay ih lieu thereof;
with more than one (1) year of continuous service shall be provided with two (2) weeks' notice of layoff or pay in lieu thereof.
13.06 Layoff and recall from layoff shall be based on the following factors:
a) seniority;
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13.07
13.08
13.09
b) skills and qualifications, competence, and reliability;
Where the qualifications in factor (b) are rel~tively equal, seniority shall govern. I
c) Bargaining unit employees on layoff shall ~ot be I
replaced by a member of Management. Vacant bargaining unit positions shall not be fill~d by Management except in cases of emergency.
I In the event a bargaining unit employee is promoted or reclassified to a non-bargaining unit position, he1 shall retain seniority for a period of one (1) month.
Before any new employees are hired, laid off employees must be recalled back to work or have failed to answkr the recall.
Employees shall be responsible to ensure that the Company has their most current address. The Co~pany shall not b.e responsible for the failure of a recall notice to reach an employee due to the employee's negligerke to notify the Company -of a change of address or telephone number. . I
ARTICLE 14 - HOURS OF WORK/OVERTIME/REST 8t .MEAL BREAKS
14.01
14.02
Due to the nature of the business, it is understood that this Section does not constitute a guarantee of hours per day or hours per week.
The maximum basic work schedule for employees shall be· eight (8) hours per day or forty ( 40) hours per wee~. As far as is reasonably practicable, in the weekly scheduling of hours, employees will be scheduled as follows: I
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14.03
14.04
14.05
a)
b)
c)
Full-time employees, by seniority within each classification, on a daily basis, to a maximum o~ eight (8) hours per day and forty ( 40) hours per week; then
Part-time employees, by seniority within • each classification, on a daily basis, to a maximum o~ eight (8) hours per day or twenty- four (24) hou~s per week. It is understood between the parties that the
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most senior part-time employee will be used during extended absence by a full-time employee.
Call-in hours shall be assigned according to the I
employees seniority provided they have the ability to do the job.
d) Call-off hours shall be done in reverse order of seniority, provided the senior employee has the bbility to do the job.
Employees will not be reqLiired to work split shifts.
Employees called in or reporting for work at their scheduled time shall be guaranteed a minimum of three (3) hours work in or out-of their classification or three (3) hours pay. This provision shall not apply to employees notified one (1) hour prior to their scheduled starting time not to report for work, or if the lack of work is d;ue to circumstances beyond the control of the Company. Employees are required to keep the Company informed of their current telephone number.
There shall be a minimum of eight (8) hours from the time I
the employee concludes one (1) scheduled work shift and commences the next scheduled work shift, Jnless
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otherwise mutually agreed between the employee and the Company. ·
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14.06
14.07
14.08
It is recognized that overtime hours are required on q:ertain occasions and to this end employees are expected to cooperate. Overtime hours must be authoriz~d by Management prior to being performed, and there s~all be no pyramiding of overtime. Overtime work shall be offered
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by seniority in each classification among those employees I
at work possessing the necessary skill and ability to I
perform the available work. Should the senior employees refuse the overtime, the Company will schedule th~ most junior employee to perform the overtime work.
All time worked in excess of eight (8) hours per 1ay or forty ( 40) hours per week shall be paid at one and orie-half ( 1 V2) times the employee's current regular wage ra1te.
CHANGES IN WORK SCHEDULES
a)
b)
c)
In situations other than emergencies or unexP,>ected short term increase or loss of business the sch~duled employees are entitled to forty eight ( 48) hours !notice of any change in their respective work schedules.
In emergency situations which are beyond the control of the Company, as in the case. of the failure! of an employee to report for an ass1gned schedule, the Company may give notice of less than forty eigHt ( 48) hours but not less than twenty four (24) hours 1notice when changing work schedules. In this sitLation Management will be allowed to fill in, until barg~ining unit employees can be contacted to come in to fill the vacancy. · !
Employees who become aware that they are not! going I
to be able to report for work as scheduled, are obligated to provide the Company with notice bt the· earliest possible time, or to have someone elseinotify the Company on their behalf, to allow the Company time to cover the absence.
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d) Employees whose schedules are changed withqut the advance notice specified, cannot be disciplined If they advise that they cannot comply with the chbnged starting and finishing times for the first shift 6f the new schedule.
e) In situations where an employee has not been provided with notice of a change in their work schedule, and the employee reports as scheduled before the change, the employee shall be prbvided with work and/or pay as follows:
(i) Two (2) hours pay unless the employee is unfit to I
perform their duties or the employee has failed to comply with ·the Industrial Health and Safety Regulations of the Workers' Safety Insdrance Board (WSIB) or
(ii) Where the employee commences work, four (4) hours work and/or pay unless their wdrk is . suspended because of inclement weather orjother reasons completely beyond the control of the Company, in which case paragraph E (1) ~bove applies.
14.09 EMPLOYEE'S RESPONSIBILITY: WORK START T:[ME
Employees shall be in their respective assigned wdrking locations, consistent with the terms of this Agreeme:nt.
14.10 WORK SCHEDULE
a) A work schedule shall be posted weekly on the I!.Jnion staff bulletin board by Wednesday at 4pm fdr the information of all scheduled employees. The \work schedule shall contain the following information for each scheduled employee: ·
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b)
c)
- employee's name - classification - days off - starting and finishing times
It is the Company's responsibility to keep the work schedule up to date and to ensure that any changes
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are clearly noted and legible. It is the responsibility of every scheduled employee to check the posted work schedule for changes.
In the event that the Company changes the next scheduled shift of an employee who is not atl work because of a scheduled absence the Company \j'ill be responsible to notifying the employee of the change.
14.11 WEEKENDS OFF
Full time employees shall be given the opportunity to1
book two (2) weekends off out of every four (4), if they first deposit with the Executive Housekeeper their w\ritten request at least two (2) weeks prior to the weekend in question.
Anyorie hired full tiine after date of ratification, "full time shall be given the opportunity to book twp (2) weekends off out of every four ( 4) whenever possible."
14.12 Employees must punch/sign in and out when arriving and departing from their work station.
14.13 Each employee shall punch/sign only his/her own time card. Punching/ signing a card of another emplo~ee is grounds for discipline subject to progressive disciplirne.
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14.14
14.15
14.16
It shall be the sole responsibility of the room attendants to contact the Supervisory Staff of the Housek~eping Department to determine their weekly work schedule. ·
- I Room attendants are required and expected to perform all. room assignments as directed by management. Failure to perform the assigned rooms will be cause for discipline as outlined in Article 12, subject to a full and complete review by management of the facts of each circumstance.
MEAL & REST PERIODS - Employees working on a regular shift shall have an unpaid meal period of on1=-half · (V2) hour duration scheduled not less than two and one-
. I half (2V2) hours nor more than five (5) hours after the
I
starting time of their respective shifts. They will al:so be allowed a fifteen (15) minute rest period during each half shift of four ( 4) hours' duration. The rest periods ~ill be paid for by the Company and must be taken in the\ Staff Room. Rest periods will be scheduled by the Managerand, where possible, will be scheduled close to the mid-pbint of each half shift.
ARTICLE 15 VACATIONS
15.01 An employee covered by this Agreement shall receiye an annual vacation in accordance with the amount of seniority posted on the seniority roster.
15.02 An employee having one (1) year's seniority or more1 shall
receive two (2) weeks vacation with four percent (4jlo) of the last year's earnings preceding vacation. Calculation for vacation pay will'be based on July 1st of 1each year.
15.03 An employee having five (5) or more years seniority shall receive three (3) weeks vacation with six percent (6°/o) of the last year's earnings preceding vacation. Calculation
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'·
15.04
15.05
15.06
for vacation pay will be based on July 1st of each year.
An employee having ten (10) years seniority shall receive. four (4) weeks vacation with eight percent (8°/o) oft~e last year's earnings preceding vacation. Calculation for vacation pay will be based on July 1st of each year.
Preference in scheduling vacations shall be giv~n to employees on the basis of seniority. The Company shall on or before January 15 of each year, post a vacation r~quest
I
schedule listing the employees in order of senjority. Employees must submit their request for preferred vacation dates covering complete entitlement by Fe~ruary 15 in order that the Company may finalize andj post scheduled vacations by April!. Seniority shall not ap
1
ply to employees failing to submit their request in accordance with the foregoing. The Company shall restrict the nJmber of employees on vacation at one time in order to en~ure a
I
qualified work force is available to operate the hotel.
Employees shall not be permitted to accumulate vacltions from year to year. Providing the employee notifi~s the Company of their desires with sufficient time to haJe the cheque cut, tne CorfljJcfi1Y Will-provide the vacation day to the employee on a separate cheque prior to the vac~tion.
ARTICLE 16- SICK DAYS
16.01 THE BENEFITS HEREIN ARE NON-CUMULATIVE FROM YEAR TO YEAR (unless otherwise stated).
The group plan as discussed herein shall be the plan in place at the time by Westmount Hospitality Manage~ent. The Employer will undertake to make prudent decisions to keep the current coverage.
23
a) All cases of sickness, must be reported to the duty I.
Manager, on the first day three (3) hours prior to the normal reporting time of the employee concerded.
b) Weekly indemnity will not be granted to employles in. case of illness or accident which is compensable ~nder the laws of the province of Ontario The allowanpe for weekly indemnity shall only commence on the employee's seventh (7th) work day of illness arid will be paid as per the employee's group insurance plan.
c) Effective January 01, 2003, employees who hav1e one·
(1) year or more seniority shall accumulate sick days at a rate of 0.4 days per month per year at1 their normal day's wages. The employee must pr0duce proof of the illness· after three (3) days of sickn~ss in the form of a doctor's certificate, upon return to Work. Any unused sick days accumulated for the year 2002 shall be carried over to 2003.
d) An employee will not be entitled to weekly indemnity while on vacation.
e) In doubtful cases, or, in cases of extended illness, the I
plan reserves the right to request a doctor's certircate or to appoint another doctor, other than the one providing the certificate, in order to establish the! facts in the case, at no cost to the employee. ·
ARTICLE 17- FRINGE BENEFITS
17.01 All fringe benefits are enclosed in this article. All full1 time
employees of the Hotel shall have the right to enroll iln the Hotel's Group Insurance Program with current coverage of sickness, dental, accident, and life insurance. Enrol
1
ment shall be subject to eligibility requirements as outlinbd in the above mentioned Benefits Schedule.
24
Company Contribution two-thirds (2/s) the total cost.
Employee Contribution one-third (Ys) the total cost.
Benefits provided to .be the same as the program previously offered until a group plan can be secured.
I
The Employer will continue to self pay the above. Cindy Griffen will continue to be grandfathered for benefits (if her current hours are maintained).!
ARTICLE 18- BEREAVEMENT . I
18.01 In the event of death occurring within the immediate family, father, mother, husband, wife, common law spouse who have cohabited for more than one (1) year, child, brother, sister, grandct·1ildren, mother-in-law, or father-in-
1
law, stepchildren, stepmother or stepfather of a fulll-time or a part-time employee covered by this Agreement) such an employee so affected· shall be entitled to three (3~ days Leave of Absence for the purpose of grieving the death, commencing the day notice of the death was given! with pay for such days upon which the employee was scheduled to work during such period, if such Leave is requ~sted. The provision hereof is applicable to employees whol have completed their probation, providing they were schetluled to work at the time. I
18.02 In the event of death occurring with either the grandfather, grandmother, aunt, uncle, brother-in-law or sister-ih-law of an employee covered by this Agreement unless that person was the legal guardian in which case 18.01 df this Agreement will apply; such an employee so affected] shall be entitled to one (1) day leave of absence for the propose of grieving the death, commencing the day notice qf the death was given, with pay for such day upon which the employee was scheduled to work during such peribd, if such Leave is requested. This benefit will apply td non probationary employees only. I
25
-
18.03 Duty Manager must be promptly notified.
ARTICLE 19 - JOB POSTINGS
19.01
19.02
Where positions become available within the bargaining unit, the Company shall fill such positions from within the
I
bargaining unit. The Company shall post the position on the bulletin board for a period of at least thr~e . (3) consecutive days. If a staff member is to be considered for the job they will be notified on the fourth (4th) d~y that the decision will be made within one (1) week. In the
I
filling of the positions, the Manager shall initially be limited to selecting the most senior employees who have !made application, determining the ability and qualificaticms of such applicants.
Nothing herein shall prevent the· Company from hiring outside the bargaining unit when no employees in the bargaining unit make application or where applicant~ from within the. bargaining uriit do not possess the ability and qualifications to perform the requirements of the furiction. ·
All vacancies and new jobs or positions withi~. the bargaining unit shall be filled on the basis of abilit~ and qualifications to perform the job functions. Where ability and qualifications are · equal, seniority shall b~ the determining factor. I
ARTICLE 20 - WORK LOADS RE: HOUSEKEEPERS
20.01 Housekeeping staff shall be required to work on a performance incentive basis under the bonus system, with a base hourly wage nof less than the hoLirly rate fqr the job classification as set forth in Appendix "A" of this Agreement.
a) Each housekeeping employee will be expected to maintain reasonable levels of work that have I been
26
l
• • historically and regularly met by the housekeeping
. I staff at the Hotel (such work levels being regularly based on a six (6) hour shift). Work levels performed by housekeeping staff shall range between 2.\S and 3.00 rooms per hour according to Company records .. Employees shall be expected to achieve and mdintain this quality of performance, promptness,! and efficiency necessary to meet the standards of the Hotel, failing which the Company may institut~, in a just and equitable manner, progressive distipline
I
which may lead to dismissal action as provided in this Agreement. Room attendants shall only clean jguest rooms. Meeting rooms shall be cleaned by maintenance staff.
ARTICLE 21 - GENERAL
21.01 The Company agrees to post a copy of the house rules upon the signing of this agreement. Any amendments to the rules following the signing of the agreement shlall be sent to the Union Office and a meeting held to inforl-n the staff members of said changes or additions.
21.02 Employees shall be paid every second Friday. The ·- Com pant will proVide a separate or detachable itemized
statement with each pay cheque showing the number of hours at straight time, overtime, the wage ratei and itemized deductions from the amount earned. ·I
21.03 Employees shall be allowed to leave the premises in prder to obtain meals so long as they return to their place of work before the conclusion of their meal period as per the house rules.
21.04 All employees shall perform such work as is delegated by the Management. This article shall not apply to the ~xtent that management may rely on it as a form of discipline.
27
• • 21.05 The Company shall continue to provide employees with
I coverage under the Workplace Safety & Insurance Act, R.S.O 1970, as amended. · ·
1. In the event an employee suffers an occupational. injury requiring medical attention, such emplt\,yees will be provided with transportation for emergency treatment and shall be paid for the balance of the
I
shift in which the accident occurred. An employee shall report incidents immediately where feasible, to his immedi~te_ supervisor.
The Company shall continue to make reasonable provisions for the safety and health of emplc)yees during the hours of their employment.
The Union agrees to cooperate with the Company in maintaining and promoting safe work practice~.
All medical examinations and/or x-rays requlr~d by the Company shall be paid for by the Compan~.
ARTICLE 22 - DEFINITIONS
22.01 "DEPARTMENT" is defined as: Housekeeping Room Attendant, Porter, Laundry Attendant.
ARTICLE 23 - EXTENT
23.01 a) The Parties recognize and agree that they cannot be obligated or bound by any term, conditioh, or
. I
provision, which would be inferior to any existing provincial Employment Standard pursuant t~ the Employment Standards Act or regulations p~ssed pursuant thereto. - I
b) In the event that any term, condition, or provisiln, or part thereof, wh-ich is incorporated intol the
28
• • Agreement, whether by inadvertence, err0r or misunderstanding, is in fact or in law contrary ~o any exiting or future provincial Employment Standards Act pursuant to the Ontario Employment Standard~ Act. Then such term, condition, or provision, or1 part thereof, is void and of no effect.
ARTICLE 24- MANAGEMENT OF EMPLOYEES
24.01 The Company reserves all rights in the management pf 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 prerogative 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 ~onus system operating in the Housekeeping Department, the right to direct the work force and the right to exclu~ively manage the operation.
The Company may exercise any rights or prerogatire so long as it is not in conflict with the express terms of this Agreement. Failure to exercise the rights or prerogative in
I
a particular manner- is ·not a- -waiver of such rigHts or prerogative.
Further the Company agrees that in the exercise of . I
management rights and in the administration of this . I
Agreement without restricting the generality of the foregoing, such rights of the Company shall includb the right to:
a)
b)
Instruct and direct employees in their duties and responsibilities.
Control the use of buildings, equipment, utensils, machinery, tools, material, instruments, clothing,
29
c)
• • uniforms and all other articles or things belonging to the Company.
Formulate policies, rules and reasonable regulaltions.
d) Maintain order and discipline, to hire, promote, transfer, demote, classify, lay-off, recall, tetire, suspend or discharge or otherwise disdipline employees for just cause.
e)
f)
g)
Determine the hours of work, work assignments and methods of doing work.
Determine where, in what manner, at what time, and under what conditions employees in the bargbining unit perform their duties.
Limit, suspend, or cease operations, sub-contract or I
make necessary arrangements due to a change in the Company'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 25 - PAID HOLIDAYS
25.01 a) All employees covered by the Agreement will be entitled to the following holidays:
b)
New Year's Day Victoria Day Labour Day Thanksgiving Day First Monday in August
Good Friday Canada Day Boxing Day Christmas Day
Effective January 01/2003, the Employer will gl rant one (1) personal float day per calendar year to each employee to be taken at a mutually agreeable time.
30
• • 25.02 An employee does not· qualify for a paid holiday if the
employee:
Does not work their scheduled regular day of work preceding and following the holiday.
OR
Having agreed to work on a public holiday, does not leport for and perform the work without reasonable cause, wnless for bonafide sickness.
25.03 The calculation for pay for the Statutory Holidays as per Article 26.01 shall be as follows:
The total number of hours worked in the previous four (4) weeks prior to the Statutory Holiday divided by thd total number of shifts worked in the previous four (4) +eeks prior to the Statutory Holiday equals the total number of hours to be paid for each of the above holidays.
ARTICLE 26 - UNIFORMS
26.01
26.02
26.03
The Company shall maintain their current uniform policy. and practice with respect to supplying uniforms to staff.
If, and whenever any special uniforms are required Jy the Company, the Company agrees that it will supply the ~ame at its own expense.
If and whenever the Company supplies a washable uniform, the employee shall be required to launder, r~pair, and at all times take reasonable care to maintai~ the quality of uniform as may. be designated from time to
1
time by the Company, at the employee's expense for cleaning.
. I The Company will provide full-time employees with three (3) uniforms and part-time employees with twd (2)
31
• • uniforms. Part-time employees will get an extra shirt when regularly scheduled more than three (3) shifts per lweek. One of the uniforms provided by the Company will be summer weight.
26.04 A shoe allowance of sixty dollars ($60.00) per year small be paid to all employees with more than one (1) year service.
ARTICLE 27 - REPORTING SICKNESS OR LATENESS
27.01 An employee who is unable to report to work shall inform his department head a minimum of three (3) hours ptior to the commencement of his shift.
ARTICLE 28 - CONTROL OF ABSENTEEISM
28.01 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 e~titled 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 as evidence of the employee's illness or injury as a cause for the employee's abSence from work as described in 16.01 e) of this agreetnent. Where the employee shows signs of · exc¢ssive absenteeism the Company may require that the employee provide a ·doctor's certificate for any o+e (1) day absences. Excessive will be understood b
1y the
parties to mean three (3) or more days absen~es of one (1) or more days in any one (1) year. Legitimate absenteeism will not be included in the ~bove calculation.
32
• • b) Every employee who is unable to report for wo~k due
to illness or injury shall notify their respective Department Manager or General Manager as oJtlined within this Agreement. In the event the Comp~ny is not satisfied by the evidence presented by the employee that the absence was justified and proper, the Company may institute the appropriate le~el of progressive discipline as this absence will be deemed to be just and reasonable cause.
ARTICLE 29 - DURATION OF THE AGREEMENT
29.01 This Agreement shall continue in full force and effect for I
the period from and including the 1st day of May 2007, to and including the 30th day of April, 2010, either! Party may, not less than thirty (30) days or more than sixty (60) days before the expiry date or any succeeding anniversary
I
date of the said Agreement, give notice, in writing, to the other Party to terminate or to negotiate revision th~reof.
Signed this yt!' day of 0d::o~0 , 1 200_d_,
FOR THE UNION FOR THE EMPLOYER
~~I
33
• APPENDIX "A"
WAGES
•
The following wage grid for present employees are as follow: I
Housekeeping
Housekeeping -· - -·Over one (1) yr
Room Rates Single Double Suite *(Sleepy Bear Den Classified as a suite)
Laundry/ Porter
Laundry/ Porter Over one (1) yr
Probation 90-365 days $8.00 $8.25
05/01/07 05/01/08 05/01/09 $9.23 $9.51 $9.84
Date of Rat (2007) $3.82 $4.20 $7.15
05/01/08 $3.87 $4.25 $7.25
Probation 90-365 days $8.00 $8.31
05/01/07 05/01/08 05/01/09
$9.79 $10.08 $10.43
• Retroactivity based on all regular hours worked subject to the incentive plan.
34
• • Letter of Understanding #1
BETWEEN: 2071111 ONT. INC. operating as COMFORT INN & SUITES
·-and-UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
Re: Canadian Commercial Workers Industry Pension Plan
Effective January 01, 2004. I
a) The Employer agrees to contribute fifteen cents (15¢) per hour to the Canadian Commercial Workers Industry Pensioh Plan ("Pension Plan") for all hours paid to full-time and part-time employees.
b)
c)
The Employer agrees to sign a "Participation Agreement" and supply any other documents, forms, reports, or inforrhation required by the Trustees of the Pension Plan. The Em1ployer shall forward all contributions together with a list of all fuir-time
I
and part-time employees and the number of hours paid and I .
worked for each employee in each reporting period within fifteen ( 15) days following the end of each of the Employer's fdur ( 4) or five (5) week accounting period.
Effective May 1, 2008 the Employer agrees to cont~ibute twenty cents {20¢) per hour to the Canadian Comm~rcial Workers Industry Pension Plan {"Pension Plan") for all hours paid to full-time and part-time employees.
d) Effective May 1, 2009 the Employer agrees to cont~ibute five cents {5¢) per hour into the Canadian Commercial Workers Industry Pension Plan Stabilization Fund.l
Signed this ~ day of l').L\w, , 200_}. I
FOR THE UNION MPLOYER I
~5
• • Letter of Understanding #2
BETWEEN: 2071111 ONT. INC. operating as COMFORT INN & SUITES
·-and-UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
Re: Time Limits
Neither party shall raise or proceed with a timeliness issue I
argument regarding "filing for arbitration" without having notified the other party of its final position on any • given grievance in writing.
Should either party serve such notice on the other party, the I
parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall. thbn be triggered.
The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.
Signed this 'j ~ day of _.....;;~:....;J-=,.....,"'.....,cv"'-'--.lr-' 200.:!:_.
I FOR THE EMPLOYER
~~ !
FOR THE UNION
T
36
•
• • Letter of Understanding #3
BETWEEN: 2071111 ONT. INC. operating as COMFORT INN 8r. SUITES -and- . UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175
RE: The UFCW Training 8r. Education Fund
The Company agrees to contribute two hundred and fifty dollars ($250.00) per calendar year to the UFCW, Local 175, Traihing & Education Fund.
