flamboro downs - Ontario Entertainment and... · agent of all employees of Flamboro Downs Holdings...

Collective Agreement

This Agreement effective this 1st day of January 2017

Between the parties:

Flamboro Downs Limited

flamboro downs

-and-

(The "Company")

Service Employees International Union, Local 2

(The "Union")

Regarding:

Food and Beverage, Mutuel, Janitorial and Maintenance (Property Services) and Security Employees

Effective: January 1, 2017

Expires: December 31, 2019

Table of Contents

ARTICLE 1 - GENERAL PURPOSE OF AGREEM ENT ..................................................................................... 4 ARTICLE 2 - USE OF TERMS .... ................................... ........................... .... ................................................. 4 ARTICLE 3 - RECOGNITION ......... .. .......... .. ............. ............................... ..................................................... 4 ARTICLE 4 - NO OTHER AGREEMENTS ....................................................................................................... 6 ARTICLE 5 - NO DISCRIMINATION ......... ................................ ........ .. .. ........................................ ................ 6 ARTICLE 6 - MANAGEMENT RIGHTS .......................................... ................................................. ............... 6 ARTICLE 7 - NO STRIKES OR LOCK-OUTS ................................................................ ................................... 8 ARTICLE 8 - GRIEVANCE PROCEDURE ......................................... ........................... .. ................................ .. 8 ARTICLE 9 - UNION POLICY GRIEVANCE AND COMPANY GRIEVANCE ..................................... ........ .. ....... 9 ARTICLE 10 - ARBITRATION .................................................................................... ...................... .. .. ... .. .. 10 ARTICLE 11 - MEDIATION .................... ..................................................... ............................................... 12 ARTICLE 12 - DISCHARGE CASES ................ .................................... .............................................. .. .......... 12 ARTICLE 13 - SENIORITY ................................................. .. ............................... ;,·-~ ......... ......................... 12 ARTICLE 14 - LOSS OF SENIORITY ......................... .. ............ .. ......................... 1 ... ............ . . .... . .................. . . 13 ARTICLE 15 -TRANSFERS OUT OF THE BARGAINING UNIT ..................................................................... 13 ARTICLE 17 - MATERNITY/PATERNITY LEAVE ................................... .. .................................. ............. ...... 14 ARTICLE 18 - UNION LEAVE ................................................................................................................. .... 14 ARTICLE 19 - BEREAVEM ENT LEAVE ............ ............ .................................. .............................................. 15 ARTICLE 20-JURY DUTY PAY .................................................................................................................. 16 ARTICLE 21- CITIZENSHIP ................ ........................................................................................................ 16 ARTICLE 22 - BULLETIN BOARD ............................................................................ ................................... 16 ARTICLE 23 - WORKERS' COM PENSATION .............................................................................................. 16 ARTICLE 24 - GOVERNMENTAL REGULATIONS ............................................................. ........................ 177 ARTICLE 25 -STATUTORY HOLIDAYS .................................................. ..................................................... 17 ARTICLE 26 - UNION SECURITY ....................................... .. .......................... ............................................. 18 ARTICLE 27 - UNION REPRESENTATIVES ............ ................................................................................... 199 ARTICLE 28 - LABOUR MANAGEMENT COMMITTEE ........................ .. ...... ............................................... 19 ARTICLE 29 - NEGOTIATING COMMITIEE ............................................................................................... 19 ARTICLE 30 - SCHEDULING COM MITIEE, SCHEDULING CHANGES & NOTICES ................................... ... 20 ARTICLE 31 - SCHEDULES & LETIERS OF UNDERSTANDING ........................................... ........................ 21 ARTICLE 32 - OCCUPATIONAL HEALTH AND SAFETY ............................................................................... 21 ARTICLE 33 - UNIFORMS .............. ........................................................................................................... 21 ARTICLE 34 - LICENSES & CERTIFICATES ............................................................ ...................................... 22 ARTICLE 35 -JOB DESCRIPTION/ CROSS TRAINING .............. ................................................................... 23 ARTICLE 36 - DURATION OF AGREEMENT ................................................................................... ............ 23 LETIER OF UNDERSTANDING NO. 1 ..................................... .. .. ................................ .................... .. ......... 26 LETTER OF UNDERSTANDING NO. 2 ....................................... .. .. ........... .................................................. 27 LETTER OF UNDERSTANDING NO. 3 ......................... ................................................ ............................... 27 LETIER OF UNDERSTANDING NO. 4 .......... ........ ............... ............................................... ........................ 27 LETTER OF UNDERSTANDING NO. 5 ......................................................................... ............................... 27 LETTER OF UNDERSTANDING NO. 6 ........................................................................................................ 28 LETTER OF UNDERSTANDING NO. 7 ............ ................................. .. ......................................................... 28 LETTER OF UNDERSTANDING NO. 8 ......... ... .. .......................................................................................... 28 LETTER OF UNDERSTANDING NO. 9 ................................................. ....................................................... 29 LETTER OF UNDERSTANDING NO. 10 ........................................ .............................................................. 29

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APPENDIX "A'1 - MUTUELS DEPARTMENT ............................................................... .................. .... ... ....... 33 ARTICLE 1- SENIORITY ................................................................................................................ ... ..... 33

ARTICLE 2 - LOSS OF SENIORITY ........ ................................................... ............... .................... .. .......... 34

ARTICLE 3 - ALLOCATION OF WORK ........... .. .. ............... ............. .................. ........... ..... ............... ........ 34 ARTICLE 4 - SHORTAGES ....................................................................... ................... ............................ 40 ARTICLE 5 - SUPPLIES .......................................................................................................................... 40 ARTICLE 6- PAY STUBS ............................................. .. ................................................................. ........ 40 ARTICLE 7 - JOB TRAINING .................................................................................................................. 41 ARTICLE 8- WAGES ................................................ ............................... .................................. .... ... ..... 42 ARTICLE 9- BENEFIT PROGRAM ....................................................................................... .................. 44 ARTICLE 10 - VACATIONS ....................................... .. ............... .................................................. .......... 45 ARTICLE 11- MISCELLANEOUS ............................. ............................................................................... 46

TELETHEATRE EXEMPTION FORM ........................... ............ ........ .. .... .. ... ............ .. ............. ...................... 47 MEMORANDUM OF AGREEMENT .. , ........................................................................................................ 48 APPENDIX "B" - FOOD AND BEVERAGE DEPARTMENT ........................................................................... 52

ARTICLE 1- SENIORITY ........................................................................................................................ 52 ARTJCLE 2 -ALLOCATION OF WORK ........ .-........................................................................................... 52 ARTICLE 3 - JOB TRAINING .................. ................................................................................................ 59 ARTICLE 4- WAGES ............................................................................................................................ 60 ARTICLE 5 - BENEFIT PROGRAM .......................................................................................................... 61 ARTICLE 6 - VACATIONS ...................................................................................................................... 62

ARTJCLE 7 - MANDATORY GRATUITIES ............................................................................. .................. 64 ARTICLE 8 - MEDICAL NOTES ....................................... .................................................. ...................... 65 ARTICLE 9 - FLAMBORO DOWNS F&B PREFERENCE SHEET ......... ......................... ............ ... ............... 66

APPENDIX "C" - PROPERTY SERVICES DEPARTMENT ...... .. ................... .. .......... ..... .. .......... .. .... ...... ..... ..... 67 ARTICLE 1- SENIORITY ...................................................................... ........ .. .. ... ..... ........................... ... 67 ARTICLE 2 - ALLOCATION OF WORK ............ .. ........ ............................. .. ...... ....... ... ............................... 67

ARTICLE 3 - Wages ...... .. ..... ............ .... ........................... ......... .... .................. ........................................ 72 ARTICLE 4- BENEFIT PROGRAM ..... .............................................. ............... ..... ..... .. .. ..... .... .. .. .... ..... .... 73 ARTICLE 5 - VACATIONS ....... ................ ............................ ................................. .................... .. ........ .... 74

APPENDIX "D" - SECURITY DEPARTMENT ............... ............. .. ... .. ..................... .... ...... .. ...... ......... ........ .. .. 76 ARTICLE 1 - SENIORITY .. ......... ......... ....................... .. ............. ........ .. .... .......... ...... .............................. .. 76

ARTICLE 2 -ALLOCATION OF WORK ................. ................................ .............. .................... .............. .. . 76 ARTICLE 3 - JOB TRAINING ............................................ ..... ..... ... ........................ ..................... .... ........ 80 ARTICLE 4 - WAGES ................... .. .. .......................................... ............................................... ............. 80 ARTICLE 5 - BENEFIT PROGRAM ................. .................... .. .............................. .. ................................... 81 ARTICLE 6 - VACATIONS ... ........ .................. .................... ......... ............... .. ...... .................. ................... 82

LETTER OF INTENT# 1 ........................ ..... ......... .. ..................... ..... ....... ....... .. ............... ........ .................... 84 LETTER OF INTENT # 2 ....... ......................... .......... ....................................................................... ............ 84

LETTER OF INTENT# 3 .... : ........................... .......... ............... .......... .. ..... .............. ..................................... 85 LETTER OF INTENT# 4 .. ........................................ ............................................................ .............. ......... 85 LETTER OF INTENT# 5 ............ ... ........................................... ....................... ......................... ................... 86 LETTER OF INTENT #6 .......... .. ......................... .......................... ............................................................... 87 LETTER OF UNDERSTANDING ..........................................................•.... ............... .....•........... ................... 88

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ARTICLE 1 - GENERAL PURPOSE OF AGREEMENT

1.01 The parties are agreed that the purpose of the Agreement is to provide orderly collective bargaining relations between the Company and the Union and the employees of the Company to secure prompt and equitable disposition of grievances and to eliminate interruptions of work and interference with the proper operation of the Company's business and to set out the agreement reached between the parties with respect to the matters hereinafter set out as conditions of employment for employees covered by this Agreement.

ARTICLE 2 - USE OF TERMS

2.01

(a) The feminine or masculine gender may be used interchangeably throughout this Agreement; whenever one gender is used, it shall be construed as meaning the other if the facts or context require.

(b) Wherever the singular is used, it ·shall be construed as meaning the plural if the facts so require.

(c) Whenever the term 11 spouse 11 is used, it shall be construed to include a declared common-Jaw spouse or a declared partner of the same sex. Such declaration of common-law or same sex partner shall be held as part of the employee's confidential personnel file.

ARTICLE 3 - RECOGNITION

3.01 The Company recognizes the Union as the sole and exclusive bargaining agent of all employees of Flamboro Downs Holdings Limited employed in the Food and Beverage Department at .Flamboro Downs Racetrack, Dundas, Ontario, and any company owned teletheatre save and except supervisors and those above the rank of supervisor. It is agreed that the management employees noted above shall do no work in classifications covered by this agreement except in emergencies or when staff does not show up or does not give proper notice.

Parties agree that Hostess, Pavilion Dining Room Server and any other newlycreated classifications not listed in current Collective Agreement are b/u positions except "Expediter" which is a managerial position (a contactemployee was recently hired to replace the temporary absence of the

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Manager).

3.02 The Company recognizes the Union as the sole and exclusive bargaining agent of all employees of Flamboro Downs Holdings Limited, employed in the Security Department of Flamboro Downs Racetrack at Dundas, Ontario save and except supervisors and those above the rank of supervisor. It is agreed that the management employees noted above shall do no work in classifications covered by this agreement except in emergencies or when staff does not report for work without giving proper notice.

3.03 The Company recognizes the Union as the sole and exclusive bargaining agent of all employees of Flamboro Downs Holdings Limited, employed in the Mutuels Department at Flamboro Downs Racetrack at Dundas, Ontario, and at any Teletheatre, save and except head cashiers, supervisors, assistant manager, data processing operators and office and sales staff. It is agreed · that the management employees noted above shall do no work in classifications covered by this Agreement except in emergencies or when staff does not show up without proper notice.

3.04 The Company recognizes the Union as the sole and exclusive bargaining agent of all employees of Flamboro Downs Holdings Limited in the Maintenance and Janitorial Departments {Property Services) at Flamboro Downs Racetrack at Dundas, Ontario, save and except foremen, supervisors, persons above the rank of foreman and supervisor, security guards, office and clerical staff and students employed during the school vacation period .

3.05 Persons outside the bargaining unit shall not engage in work performed by classifications covered under this Agreement except in bona fide emergencies or when staff does not report to work without proper notice.

Clarity Note:

The only exception to the above shall be with respect to Mr. Rob Goodbrand, the Track Working Supervisor, who shall be permitted to perform bargaining unit work provided it would not result in an employee being laid off, having their hours reduced or being deprived of overtime opportunities.

In consideration of the foregoing, the Employer agrees that upon the termination of Mr. Goodbrand's employment, for any reason, his position shall be posted as a bargaining unit position of Track Lead hand and the hourly wage

shall be $23.18.

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ARTICLE 4 - NO OTHER AGREEMENTS

4.01 No employee shall be required or permitted to make a written or verbal agreement with the Company or its representative which may conflict with

the terms of this Agreement.

ARTICLE 5 - NO DISCRIMINATION

5.01 The Company and the Union agree there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any of the employees for reason of membership or activity in a Union, race, creed, colour, age, sex, marital status, religion, nationality, ancestry, place of

origin or sexual orientation.

5.02 The parties agree that they will interpret this Collective Agreement in a manner which is consistent with the Ontario Human Rights Code, the Employment Standards Act, the Occupational Health and Safety Act, the Workplace Safety and Insurance Act and any other applicable statutes.

ARTICLE 6- MANAGEM ENT RIGHTS

6.01 Except as to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Company and remain exclusively and without limitation within the rights of the Company and its management. There shall be no attempt by either party or Board of Arbitration to read into the provisions of this Agreement, a principle of authority whereby the process of collective bargaining has in any way usurped the rights of management. Without limiting the generality of the

foregoing, the Company's rights shall include:

(a) the right to select, hire, and control the workforce and employees; to transfer, assign, promote, demote, classify, layoff, recall, suspend, and retire employees, to plan, direct, control, and alter all operations; to designate, establish, revise or discontinue departments; to select and retain employees for position excluded from the bargaining unit. Employees will not be assigned or transferred permanently to off-track

locations without their agreement.

{b) the right to maintain order and efficiency and to discipline employees for just cause, to make, alter, and enforce, from time to time, rules and regulations, policies and practices.

(c) the right to determine: the location and extent of operations and their 6 I P a ge

commencement1 expansion1 curtailment1 or discontinuance; the direction of the work forces; the services to be provided; the standards of production; the evaluation of jobs; the establishment of standards1

the description of jobs; the schedule of hours of work; the number of shifts

1 the methods, processes and means of providing and services

required; job content and requirements; quality job testing and standards; the qualification of employees; the use of improved methods, technological change or advancement and equipment; whether there shall be overtime and who shall perform such work the number of employees needed by the Company at any time and how many shall work on any job; operation and administration of the Company's pay system; the number of hours to be worked; starting and quitting time period and generally the right to manage the enterprise and its business without interference are solely and exclusively the

rights of the Company.

6.02 In the event it is alleged the Company has exercised any of the foregoing rights contrary to the provisions of this Agreement, the matter may be the

subject of a grievance.

6.03 Any employee covered by this Agreement when called in for any discussion which may result in disciplinary action must be accompanied by a Steward or

Union Representative.

The Company shall not instigate disciplinary action based upon a complaint from a member of the public unless such complaint is in writing bearing the signature of the complainant and indicating the date and nature of any alleged offense by an employee within the bargaining unit.

6.04 All disciplinary notices shall be removed from an employee1s personnel file after eighteen (18) months1 provided that no similar disciplinary notices have been filed during the above mentioned eighteen months period. Notwithstanding the above, all disciplinary notices will be removed after

twenty-four (24) months.

6.05 Retirement Policy: The Company, exercising its sole discretion in all matters relating to the retirement of employees, has adopted the following

retirement policy:

(a) The parties will comply fully with the changes to the Ontario Human Rights Code and employees wrn not be compelled to stop working at age

sixty-five (65).

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ARTICLE 7 - NO STRIKES OR LOCl(-OUTS

7.01 The Union agrees t hat during the life of this Agreement, there will be no strike, picketing, slowdown or stop of work, either complete or partial and the Company agrees that there will be no lockout, either complete or partial.

ARTICLE 8 - GRIEVANCE PROCEDURE

8.01 The grievance procedure herein provided is among the most important matters in the successful administration of this Agreement. The Company and the Union, therefore, agree that the designated grievance procedure, as hereinafter set forth shall serve and constitute the sole and exclusive means to be utilized by the grievor for the proper disposition, decision and final settlement of a grievance arising in respect of the interpretation or alleged violation of this Agreement and the specifica lly designated grievance procedure shall be strictly followed. Wherever the terms 11grievance procedure" is used in this Agreement, it shall be considered as including the arbitration procedure. No employee individually shall have the right to initiate any arbitration under this Agreement. Arbitrations shall rest solely with the Union.

8.02 All time limits referred to in the grievance procedure herein contained shall be deemed to mean "calendar days" and an extension, if required will not be unreasonably withheld.

8.03 All time limits found in the grievance procedure are mandatory and must be met or the grievance is deemed to ~e dismissed or dropped, unless there is mutual consent between the parties to extend the time limit in question and such mutual consent is in writing~ Section 48 (16) of the Labour Relations Act does not apply.

8.04 A grievor whose attendance is required at arbitration hearings shall receive permission without pay to be absent from work.

8.05 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than fourteen (14) calendar days before the filing of the grievance. If an employee has been absent from work due to illness, vacation, or any granted leave of absence, the fourteen (14) day time period starts from the employee's first day back at work. The employee may during such period discuss the grievance with any member of management within the Department.

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8.06 Grievance shall be adjusted and settled as follows:

lt is generally understood that an employee has no grievance until he has first given to his immediate supervisor an opportunity of adjusting his complaint.

Step 1: If a satisfactory settlement during the previous fourteen (14) days is not reached, the aggrieved employee shall present his grievance in writing to the Department Manager or in his absence, the person designated by management to be in authority. If a satisfactory settlement in writing is not given to the employee within five (5) calendar days following the presentation of the grievance, the grievance may be presented as follows at any time within five (5) calendar days thereafter.

Step 2: If a satisfactory settlement during the previous step is not arranged, the aggrieved employee shall present his grievance to the Human Resources Manager, or in the absence of the Human Resources Manager, the person designated by management to be in authority. lf a satisfactory settlement in writing is not given to the employee within five (5) calendar days following the presentation of the grievance to the Human Resources Manager, the grievance may be presented as follows at any time within five (5) calendar

days thereafter.

Step 3: Failing settlement at Step 2, the griever may submit the grievance to the President who shall render his decision in writing within five (5) calendar days after receipt of the grievance. If the griever desires, he may have his Union Steward present and/or Local President or designate present. If the grievor desires a meeting on the grievance, he may request the same within five {5) additional calendar days with the President. If a settlement satisfactory to the employee concerned is not reached within five (5) calendar days following the presentation of the President1s decision in writing, the employee may at any time through the Union within seven (7) calendar days following receipt of the President1s decision, submit the matter

to arbitration.

ARTICLE 9 - UNION POLICY GRIEVANCE AND COMPANY GRIEVANCE

9.01 A Union policy grievance or a Company grievance may be submitted to the Company or the Union, as the case may be in writing ten {10) days from the time the circumstances upon which the grievance is based were known or should have been known by the griever. A meeting between the Company and the Union shall be held at Step 2 of the grievance procedure. The Company or the Union agrees to reply to the grievance in writing within five

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(5) days after the said meeting. All other provisions of the grievance and

arbitration procedure shall apply.

9.02 In the event the grievance is not settled to the satisfaction of either party, it may be processed through the arbitration provisions of this Agreement.

ARTICLE 10 ~ ARBITRATION

10.01

10.02

In the event that arbitration of a .grievance which has been properly processed through the grievance procedure is desired by either party, then the other party shall be notified in writing not later than the five (5) days outlined in Step 3 of the grievance procedure.

The parties agree that the Arbitrator shall be selected on a rotating basis from a panel of the following four (4) arbitrators:

1. Jules Bloch 2 . Russell Goodfellow 3. Brian Mclean 4 . Laura Trachuk

10.03 Should any of the Arbitrators constituting the above-mentioned panel of Arbitrators withdraw or resign from the panel, then the party who nominated the Arbitrator who has withdrawn or resigned shall forthwith submit to the other party to this Agreement, a list of four (4) nominees from which shall be selected one (1) nominee to replace the Arbitrator who has

withdrawn or resigned.

10.04

10.05

10.06

The Arbitrators shall act singly and in rotation with respect to each successive grievance that is referred to Arbitration.

Except where otherwise provi·ded for in this Agreement, each of the parties hereto will bear its own expense with respect to any arbitration proceedings. The parties hereto will bear jointly the expenses of the Arbitrator on an

equal basis.

Grievances referred to arbitration will be presented to the arbitrators here before set out who will act in rotation in order that their names appear. Only grievances relating to the same violation or alleged violation of this Agreement or related to the same issue may be grouped for such arbitration hearing before the appropriate arbitrator. Submissions of grievances to the

arbitrators will be determined in this order:

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10.07

10.08

10.09

10.10

10.11

(a) by the date of the Company's reply to the grievance at Step 3 of the grievance procedure;

(b) by the date which the grievance was filed in the event that the Company replied to more than one grievance at Step 3 on the same day;and

(c) by the grievance number if more than one grievance was filed on the same day.

Grievances concerning suspension, discharge, interpretation of the Agreement, including benefits shall be processed to arbitration prior to all other types of grievances unless mutually agreed otherwise.

The Arbitrator shall not be authorized nor shall the Arbitrator assume authority to alter, modify, or amend any part of this Agreement, or to make any decision inconsistent with the provisions thereof except in the case of suspension and discharge where the arbitrator will have the right to modify. Any recompense may be made retroactive to the date on which the matter was first brought to the Companis attention pursuant to Article 8.06.

The Arbitrator shall have access to the Company's premises to view working conditions, or the operations which may be relevant to the resolutions of a

grievance.

The Arbitrator shall have jurisdiction to determine whether a grievance is

arbitrable.

The dec_ision of the Arbitrator shall be final and binding on the parties and

any employee affected by it.

Hearings will be held alternatively on Company and Union premises or at other locations by mutual agreement.

10.12 The Union will notify the Human Resources Manager as far in advance as possible of the names of bargaining unit employees required to attend arbitration hearings as witnesses.

10.13 All time limits referred to under the Grievance and Arbitration Procedures herein may at any time be extended by written agreement between the Company and Union, with such agreement not to be unreasonably withheld.

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ARTICLE 11- MEDIATION

11.01

11.02

11.03

11.04

11.05

11.06

11.07

Either party, with the agreement of the other party, may submit a grievance to grievance mediation at any time within ten (10) days after the Company's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is

referred to an arbitrator.

Grievance mediation will commence within twenty-one (21) days of the grievance being submitted to mediation or a longer period as agreed to by

the parties.

The Grievance Mediation process is without prejudice to either party.

No matter may be submitted to grievance mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure.

The parties shall agree on a mediator.

Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party.

The Mediator will have the authority to meet separately with any person or persons, but will not have· the authority to compel the resolution of a

grievance .

ARTICLE 12 - DISCHARGE CASES

12.01 A claim by an employee that he has been discharged without just cause shall be treated as a grievance and shall commence at Step 2, Article 8.06, provided a written grievance is signed by the employee and is presented to the Department Manager or the President in accordance with all other provisions in this Agreement following discharge. The Company shall have the exclusive right to discharge a probationary employee.

ARTICLE 13 - SENIORITY

13.01 Seniority shall operate on a departmental basis and shall be defined as length of service in one of the six (6) following departments:

(a) Mutuel

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( b ) Food and Beverage

( c) Maintenance (Property Services)

( d ) Track and Grounds (Property Services)

( e ) Janitorial (Property Services)

( f) Security

ARTICLE 14 - LOSS OF SENIORITY

14.01 (a) Seniority rights and employee benefits will cease and employees shall be deemed terminated for any of the following reasons:

(i) if the employee voluntarily quits;

(ii) if the employee is discharged and such discharge is not reversed through the grievance procedure;

(iii) if the employee is absent from work for one (1) or more consecutive scheduled days of work, unless reason satisfactory to

the Company is supplied;

(iv) if the employee has been laid off and fails to return within one (1) week after he has been notified to do so by registered mail to his last known address with the Company, unless reason satisfactory to the Company is supplied;

(v) if an employee is on layoff for twenty four (24) consecutive months (except for Mutuels, which shall remain at 18 months); and

{vi) employees• seniority will not be terminated when remaining away from work because of sickness or disability, provided the employee notifies the Company within two (2) working days.

14.02 It is the responsibility of the employee at all times to keep the Company informed as to his/her home address and telephone number.

ARTICLE 15 -TRANSFERS OUT OF THE BARGAINING UNIT

15.01 No employee shall be transferred out of the bargaining unit without his/her consent. If an employee is transferred out of the bargaining unit, his/her seniority shall be retained as of the date of the transfer for a period not exceeding ninety {90) days or as otherwise agreed to by the parties.

15.02 Upon return to the bargaining unit, the transferred employee shall be placed in their former position provided such placement does not result in the layoff

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or transfer of a senior employee. If the original position is occupied by a senior employee, the returning employee shall be assigned a comparative

position in accordance with their seniority.

ARTICLE 16 - LEAVE OF ABSENCE

General Leave

16.01

16.02

16.03

Requests for leave of absence must be made to the Department Manager or designee and, if granted, such leave of absence will be confirmed in writing and without pay or any other monetary benefit under the provisions of the Agreement. Leave of Absence, except as otherwise provided here, shall be permissive only and shall be understood to m·ean an absence from work requested in writing by the employee on the form provided for such purpose and included in this agreement as Schedule 11 A11 and consented to in writing by the Department Manager or designee covering a permitted period of time

for personal reasons.

A leave of absence will not be granted for a period in excess of one (1) month except in cases of sickness or accident. It is understood and agreed that the Company will not arbitrarily withhold its approval for leave of absence. In cases of sickness or accident, the leave shall be increased to a maximum of one (1) year. Employees shall continue to accumulate seniority during the

respective leaves of absence.

A leave of absence will not be granted for the purpose of accepting

employment elsewhere.

ARTICLE 17 - MATERNITY/ PATERNITY LEAVE

17.01 The Company shall grant leaves of absence in according with the Employment Standards Act for Ontario for Maternity/Paternity leave. During Maternity/Paternity Leave an employee will maintain and accumulate

seniority.

ARTICLE 18 - UNION LEAVE

18.01 The Company shall grant leave of absence to employee(s) without pay for union business on the following terms:

(a) One (1) week's notice in writing is provided prior to the requested dates;

and;

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(b) No more than ten (10) employees from the bargaining unit may be off

for this purpose at any one time.

18.02 An employee(s) who is selected for full time duty as an Officer of the Union shall be granted unpaid leave for the duration of their terms of office provided the Company is given thirty (30) days notice prior to the commencement of the term. The Union will notify the Company as soon as possible when the leave is ending.

18.03 During Union Leave an employee will maintain and accumulate seniority.

ARTICLE 19 u BEREAVEMENT LEAVE

19.01 Employees on the seniority list will be granted a leave of absence without loss of pay for bereavement leave, such that they remain on the seniority list

as follows:

(a) up to five {5) consecutive scheduled working days in the event of death in the immediate family {spouse, parent, child, step-child, brother, sister, mother-in-law, father-in-law, grandparents, grandchildren or a declared partner of the same sex). Provided further, where there is the death of a daughter-in-law, son-in-law, sister-in-law, brother-in-law, aunt, uncle, niece or nephew of any employee, three (3) consecutive scheduled working days will be granted.

(b) the leave must commence with the date of the death of the said relative, unless the employee worked such day and in that case, the leave shall commence on the calendar day immediately following the death. Bereaved employees will only be paid for leave under this Article for time off during their regularly scheduled shifts and will not be entitled to payment in addition to regularly scheduled hours. Notwithstanding the aforementioned, the employee may elect to postpone any or all portion of the leave in circumstances whereby the funeral and/or service has been delayed.

(c) In the event the funeral is four hundred (400) or more kilometers away, the employee will be entitled to an additional two (2) days of unpaid

bereavement leave.

19.02 It is understood that such leave with pay will apply only to days on which the employee normally was scheduled and would have been required to work.

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Payments for such days will be at the employee 1s basic regular

compensation, exclusive of any premiums.

ARTICLE 20 - JURY DUTY PAY

20.01 Each seniority employee provided he has at least one (1) year of service who is summoned to and reports for jury duty as prescribed by applicable law (subject to the eligibility requirements set out below), shall be paid by the Company the difference between the payment for such services received from the court (not including traveling allowance or reimbursement of expenses) and the employee 1s rate as found in wage rates exclusive of any premiums. The Company's obligation to pay an employee for jury duty under this section is limited to a maximum of thirty (30) days in any calendar year and in order to receive payment under this provision an employee must meet all the following eligibility requirements:

(a) the employees shall have given one (1) week's notice to the Company that he has been summoned for jury duty;

(b) the employee shall furnish satisfactory evidence to the Company that he has been summoned to report for jury duty on days for which he claims payment and shall furnish acceptable proof of the amount of jury duty pay received by him.

(c) the employee would otherwise have been scheduled to work for the Company on the day, days or hours for which he claims payment.

ARTICLE 21- CITIZENSHIP

21.01 Employees who have attained one year of seniority shall be given one (1) day off with pay when attending Citizenship Court in order to obtain their

Canadian citizenship.

ARTICLE 22 - BULLETIN BOARD

22.01 Management agrees to provide a bulletin board at the track and to permit the Union to provide a binder at all teletheatre locations for the posting of Union notices. The Union will provide the Company with a copy of any communication it wishes to post at least one day prior to posting.

ARTICLE 23 - WORKERS' COMPENSATION

23.01 The Company will provide coverage under the Workplace Safety and

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Insurance Act for bargaining unit employees.

ARTICLE 24 - GOVERNM ENTAL REGULATIONS

24.01 It is understood and agreed, notwithstanding anything in this Agreement contained, that the employees shall be subject to the supervision of Agriculture Canada, as provided by the regulations made by the Minister of Agriculture pursuant to Subsection 7 or Section 188 of the Criminal Code of Canada, and subject to such provisions of the Racing Commission Act and regulations thereunder and the Rules of Racing of the Ontario Racing Commission as are applicable.

ARTICLE 25 - STATUTORY HOLIDAYS

25.01 The following days will be recognized as holidays:

New Year1s Day Victoria Day Labour Day Christmas Day Family Day*

Good Friday Canada Day Thanksgiving Day Boxing Day

* If declared pursuant to Employment Standards Act, whichever is greater.

25.02 It is the intent of the Company to protect employees against the loss of straight time pay on holidays enumerated in Article 25.01 above. For this purpose the Company agrees to pay on each of such holidays for the number of straight time hours the employee would have worked had there been no holiday, at his pay rate subject to the conditions hereinafter enumerated, or the amount required pursuant to the Employment Standards Act, whichever

is greater.

25.03

25.04

In order to qualify for pay on a statutory holiday an employee must: Work a full regular shift on the declared working day before and on the declared working day after the statutory holiday unless sent home by a supervisor or prevented by verified medical reason or other reasonable cause.

An employee required to work on a statutory holiday shall be paid for such work at the rate of time and one-half (11/2) in addition to his regular holiday pay, provided that he is eligible for holiday pay. Holiday work shall be offered to employees on the basis of seniority with first right of refusal. In the event that all employees decline said work, it shall be assigned in reverse sequence

of the above. 17 I Page

25.05

25.06

An otherwise eligible employee who is scheduled to work one (1) of the above holidays, but does not report for work and work as scheduled, shall forfeit his holiday pay for that particular holiday, unless he is able to provide a reason satisfactory to the Company for such failure. This provision applies to holidays not covered by the Emplovment Standards Act.

If any of the holidays set out in Article 25.01 hereof is observed during a regular scheduled work week during an employee's vacation, the employee, if otherwise entitled to holiday pay, will be given an additional day off with

pay.

ARTICLE 26 - UNION SECURITY

26.01

26.02

26.03

26.04

26.05

26.06

It is agreed by the parties that all employees covered by this Agreement as stipu lated in Article 3 of this Agreement, shall as a condition of their employment obtain and maintain membership in good standing in S.E.1.U.

Local 2.

The Company agrees that each new employee will receive a half hour (1/2) orientation session to be conducted by a Union Representative during working hours at a time mutually agreed to by the Company and the Union without loss in pay by the employee or Union Representative.

The Company agrees to deduct from all employees such dues, initiation fees and levies as assessed by the Secretary Treasurer of the Union in accordance with the Constitution(s) and or By Laws of the Union.

The Company agrees to forward to the Secretary Treasurer of the Union by cheque each month by the 25th of the following month from which deductions were made, the total amount deducted and also a list of the employees from whom the deductions were made and who were not checked off the reason. The Secretary Treasurer of the Union will notify the Company of any change in the amount of the union dues and or initiation fees that may from time to time take place in line with constitutiona l

requirements.

Upon request, the Company will supply the Union with a list of all employees covered by this Agreement, including their addresses, telephone numbers and email address as updated from time to time whenever given to the

Employer.

The Union agrees to save harmless the Company from any and all action against the Company for deductions made in accordance with the Article.

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ARTICLE 27 - UNION REPRESENTATIVES

27.01 The Company shall, subject to the terms of this Agreement, permit authorized representatives of the Union not exceeding ten (10) in number to have access to the portion of the racetrack where the employees are working for the purpose of communicating with bargaining unit employees therein and for the purpose of conferring with the Company, but such access shall be at such time and places and in such manner as not to interfere with the regular duties of the employees or the operation of the Company1s business.

27.02 It is understood and agreed that the Union whenever requested to do so by the Company will supply the Company with a list of names of the employees whom the Union designates and considers for purposes of this Agreement as the officers of the Union, the Steward or Stewards of the Union and the Union Representatives.

27.03 To the extent possible, grievance meetings and other meetings with the Employer shall be scheduled during the Stewards' regular working hours. When not possible to do so because of scheduling conflicts, the Steward shall be paid at his/her straight time rate for attendance at such meetings.

ARTICLE 28 - LABOUR MANAGEMENT COMMITTEE

28.01 The parties mutually agree that if there are matters of common concern and interest that would be beneficial if discussed at a Labour-Management Committee meeting during the term of this Agreement, then a meeting will be scheduled. Employees who attend such meetings during their working hours will be paid by the Company at the applicable straight time rate.

Employees in the Mutuel department who attend such meetings during their non-working hours will be paid by the Company at the equivalent two hours at their regular straight time rate.

The Labour/Management Committee (consisting of HR Manager, each department head, and Stewards and Chief Steward) shall meet in the months of February, June, and October for each respective Department.

ARTICLE 29 - NEGOTIATING COMMITTEE

29.01 The Company agrees to recognize a Negotiating Committee comprising of not more than five (5) members to be elected by or appointed from amongst employees in the bargaining unit who have completed their probationary period. The President of the Local and/or his designate and a representative

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from the International may or may not be in attendance for any or all of the meetings.

The Company shall cover the cost of lost wages resulting from an employee1s participation in negotiations up to and including commencement of strike or lockout.

ARTICLE 30 - SCHEDULING COMM ITTEE, SCHEDULING CHANGES & NOTICES

30.01 Scheduling Committee - Within three (3) months of ratification, each department wil l appoint an employee representative to work with the Company to form a Scheduling Committee. The Committee's purpose will be to deal with scheduling matters.

30.02 Scheduling Changes - The Company will endeavour to provide employees with a signed and approved copy of any scheduling changes regarding vacation, shift changes, leave of absence or other approved changes to schedules.

30.03 Scheduling/Canceling of Shifts - In the event the Company changes or cancels shifts, the Company will make every attempt to notify affected employees within three (3} scheduled days, except in cases of emergency when the Company will attempt to give twenty-four (24) hours notice.

30.04 Sick Calls - The Company w ill int roduce a private message line to be checked by a Supervisor on duty. This line will be installed within three (3) months of ratification.

30.05 In the event it is necessary to give formal notice by either party to each other, it shall be given by registered mail or facsimile to their respective addresses or offices.

30.06 Scheduling will be done according to seniority, physical capability and skill level.

30.07 An employee that is called in to work on a scheduled day off or after his/her scheduled shift is completed and he/she has left the premises, shall be paid a minimum of four (4} hours call-in pay (except as otherwise specified by a greater amount elsewhere in this Collective Agreement) for the extra time worked. The Employer shall not alter the employee's work schedule to avoid the payment of scheduled hours and/or overtime.

30.08 All work schedules including those of applicable Managers will be posted in

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advance. (F&B only)

ARTICLE 31 - SCHEDULES & LETTERS OF UNDERSTANDING

31.01 The following Schedules and Letters of Understanding shall form a part of

this Collective Agreement:

Schedules:

11A11 Request for Leave of Absence

Letters of Understanding:

1. Co-Op Students 2. Employee Discounts 3. Employee Equity Participation and Profit Sharing Program 4. Overtime Assignment

5. Benefit Eligibility 6. F&B Vacation Bid 7. Paid Educational Leave 8. Supervisory Positions 9. Self-Serve Betting Terminals

ARTICLE 32 - OCCUPATIONAL HEALTH AND SAFETY

32.01 The Company, the Union and the Employees shall cooperate to maintain healthy and safe working conditions and shall comply with the provisions of the Ontario Occupational Health and Safety Act to the extent that it is

applicable to the Companis operations.

32.02 The Company will maintain sufficient staffing levels to ensure employees are able to perform their duties in a safe and responsible manner.

ARTICLE 33 - UNIFORMS

33.01 Except where amended in this Article 33, the Company agrees to continue to provide uniforms and supplies in accordance with the current practice. Where the Company introduces additiona l dress code requirements, the Company shall furnish the cost of such clothing.

33.02 Where the Company supplies a uniform or any part thereof, employees to whom such uniforms are issued must wear the uniform while on duty. Laundering and care of same shall be the responsibility of the employee.

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33.03 The Company will reimburse employees who are required to wear safety footwear the cost of one pair of safety footwear to a maximum of one hundred seventy-five dollars ($175.00) per year effective January 1, 2007 and $200 for backstretch employees. Only qualifying employees will be entitled to reimbursement, upon presentation of an appropriate receipt. The reimbursement shall occur within one (1) week of purchase, and once per calendar year, regardless of date/month in the calendar year said purchase occurred. For clarity, there does not need to be twelve (12) months between

purchases.

33.04

33.05

33.06

The Company will reimburse employees who are required to work outdoors during the winter months, the cost of one pair of winter safety footwear to a maximum of two hundred-fifty dollars ($250.00) every two years. Only qualifying employees will be entitled to reimbursement, upon presentation

of an appropriate receipt.

The Company will provide winter parkas to employees who are required to work outdoors during the winter months. A premium of one dollar ($1.00) per hour will be paid for shoveling.

The Company will provide winter coveralls to Property Service employees who are required to work outside during the winter months.

ARTICLE 34 - LICENSES & CERTIFICATES

34.01

34.02

34.03

All employees hired to work at Flamboro Downs who require AGCO or ORC licenses and/or Smart Serve Certificates will be required to make the initial payment for their license and/or Smart Serve Certificate and shall be reimbursed the cost of such licenses and certificates upon completion of their probationary period. The cost of renewal of such licenses and certificates shall be the responsibility of the Company.

Notwithstanding the above, the Employer shall pay the AGCO and/or ORC license fees directly if and as requested by the employee. Probationary employees shall be reimbursed upon approval by AGCO/ORC and completion

of probation.

Maintenance employees shall be reimbursed for Trade License renewals as

required by the Employer.

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ARTICLE 35 - JOB DESCRIPTION/CROSS TRAINING

35.01 The Employer will provide cross training to employees on the basis of one employee per seniority group per year; meaning one employee per Appendix, for a total of four (4) company employees per year.

35.02 Training shall be offered to all employees on an equitable basis. In those instances whereby only a limited amount of employees can be offered said training at any given time, such opportunity shall be afforded in accordance

with seniority.

ARTICLE 36 - DURATION OF AGREEMENT

36.01 This Agreement shall remain in full force and effect from the 1st day of January 2017, to midnight on the 31st day of December 2019.

This Agreement shall continue automatically thereafter for annual periods of one (1) year, unless either party notifies the other party in writing within the period of ninety (90) days prior to and not less than thirty (30) days preceding the termination date.

The parties will meet within thirty {30) days after any notice of amendment for the purpose of entering into negotiations unless otherwise mutually

agreed by the parties in writing.

36.02 If pursuant to such negotiations, an Agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties or until conciliation proceedings prescribed under the Ontario Labour Relations Act have been completed, whichever date should occur first.

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by the duly authorized representatives as of the date and year

first above written.

Dated this ;r1- day of Oclo\:,e,(, 2017

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For the Union ·

~?<~

~~

Y'<VA.,\~ ~~ J(Y\~ ~

Flamboro Downs Ltd

EMPLOYEE NAM E: DEPARTMENT: ~~~~~~~~~~~~~~

FIRST NAME LAST NAME

POSITION: ____________ EMPLOYEE PAYROLL# ___ _

To Whom it May Concern?

I hereby request ___ days leave without pay beginning ____ _ yyyy/mm/dd

for the purposes of: (PLEASE CHECK)

WORK RELATED? (.PLEASE CIRCLE) YES NO

MATERNITY LEA VE - ru.TED Ml!DIC,tL :ooct.'MEl:.o;rATIO~L-u-rACHIID

PARENT.-\L LEAVE -DATED·MEDICA!. OOCu"ll£!aATIO'N ATTACHEV

FAMILY RESPONSIBILITY LEAVE

JURYDUIY

PERSON.-U. LEAVE

I will be available to return to work on ~~~~~~~~~~~~~~~-

yyyy/mm/dd

. . 24 IP age

EMPLOYEE SIGNATURE: _______ _ DATE: _______ _

AUTHORIZING SIGNATURE: ______ _ DATE: _______ _

HR MANAGER SIGNATURE: _____ _ DATE: _______ _

COPY TO EMPLOYEE COPY TO HUMAN RESOURCES COPY TO LOCATION

WITH PDF ATTACHED

~

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LETTER OF UNDERSTANDING NO. 1

Co-Op Students

The parties agree that participation by the Company in co-operative education (''Coop11} programs would be beneficial in promoting the Company as a desirable workplace for graduates from culinary and hospitality educational programs.

Accordingly, the parties agree as follows:

1. The Company shall be able to employ two (2) Co-op students at any one time. One Coop student shall be employed on the front side and one sha ll be

employed on the backside.

2. Co-op students shall not accrue seniority.

3. Co-op students shall be required to pay a permit fee to the Union, which shall be remitted from their pay following the procedures set out in Article 26 of

the Collective Agreement.

4. Co-op students shall be paid a base wage equal to the lowest wage rate paid to bargaining unit employees, on their respective side of the house, who are not entitled to receive gratuities. Accordingly, Co-op students shall not be entitled to gratuities and any gratuities received shall be distributed amongst the employees who would have normally served the customers providing the

gratuities.

5. Co-op students shall be scheduled to work no more than a maximum of forty (40) hours per week. Such hours shall be scheduled in addition t o the hours scheduled for bargaining unit members. Accordingly, the work performed by such students will not cause a reduction of available work to the bargaining

unit.

6. It is anticipated that the Co-op term shall be four (4) months in length. Co-op students will be rotated through their respective side of the house on various assignments which shall run no more than two (2) weeks in length.

7. Co-op students shall receive training as arranged by the Food and Beverage Manager from both non-bargaining unit personnel and those bargaining unit personnel who have advised the Food and Beverage Manager that they wish

to train from time to time.

8. The Union may rescind this agreement effective the end of the next Co-op

term or eight (8) months, whichever is earlier.

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LETTER OF UNDERSTAN DING NO. 2

Employee Discounts

The Company confirms that the twenty-five percent (25%) employee discount will continue in the Pavilion, Deli and Sun Bar and will remain status quo. The Company confirms that all current practices with respect to the employee twenty-five percent {25%) Meal Allowance Policy shall continue during the 2017-2019 agreement. On scheduled days-off and in dining facilities only (re Top of the Turn and/or Pavilion Dining Room), employees will be allowed to dine/socialize/consume alcohol with family and/or friends. For clarity, consumption of alcohol is not permitted on gaming floor and/or Sports Bar.


Employee Equity Participation and Profit Sharing Program

The Company agrees that should Magna Entertainment Corporation (MEC) introduce the above referenced plan for its operations on a consolidated basis, bargaining unit employees of Flamboro Downs shall be entitled to participate in the plan and a summary of the plan shall be attached as a schedule in the collective agreement.


Overtime Assignment

Overtime assignments will be based on seniority and skill, beginning with the last person called, and each employee down the list then called on a rotating basis.


Benefit Eligibility

Employees will be entitled to benefits coverage if they average twenty-five (25) hours per week or more in the preceding quarter. The Company agrees to a one-time protection which will maintain benefits coverage for the following employees covered by the benefits plan at January 1, 2007, and are affected by cut-backs as they relate to closure of the Backstretch and the decline in F&B hours such that they average twenty-five {25) hours or more per week in the preceding quarter remain employed but do not meet the new criteria. The parties agree that the Company shall limit the aforementioned one-time protection to the following employees:

1. Jerry Hish - F & B 2. John Farelley - BS Maintenance

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Property Services & Workload issues

During the negotiations for the renewal of the Collective Agreement that expired December 31, 2014 the issue of reductions in Property Services staff and increased workloads of a result of same were discussed at length between the parties.

To this end, the Employer assured the Union that despite the reduction in hours as a result of t he reduced racing season, of the four (4) recent vacancies in the Property Services operation (particularly Janitorial operations}, two (2) Janitorial staff have recently been hired and commenced work on March 10th, 2015. In addition, the replacement hire for Brian Denholme's position (Grandstand Maintenance) is currently being interviewed and Luis Caetano's position (Leadhand Janitorial) is currently posted with hiring commencing shortly thereafter.

The Employer f urther agrees it will not reduce the number of Property Services hours unless there is a reduction in race dates or some other significant reduction in business volume.


Paid Educational Leave

The Company will provide paid educational leave for Union training for up to seven (7) employees (one of whom is the Workplace Chair. This leave will be for up to three (3) days each calendar year.


Supervisory Positions

The parties agree that the Company shall limit the aggregate total of supervisory positions effective July 9, 2003, as follows:

1. Facility Manager 2. Backstretch Supervisor

It is further understood and agreed the supervisory position of Bernie Gratzfeld shall become an additional bargaining unit position and shall be posted in accordance with the applicable provisions of the Collective Agreement when said position is vacated by the incumbent. In accordance with the above, the parties agree the Company shall limit the aggregate total of supervisor positions to a maximum of five (5) at said time of vacancy and future.

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The position of Janitorial Backstretch Lead Hand shall be a bargaining unit position and shall be posted in accordance with the applicable provisions of the Collective Agreement when vacated by the incumbent.


The Company agrees that during the term of the 2017-2019 Collective Agreement, the introduction of additional automated self-service betting terminals, or other selfserve machines, shall not reduce the amount of available work to employees in the Mutuel Department.


Benefit Premium Cost-Share

Effective date of ratification, the parties agree to change the current benefit plan and replace same with the new benefit plan "Hourly Employees, Union Billing Division 604" {commonly referred to as the "Georgian Downs" Plan).

In accordance with the above, all employees that qualify for benefit entitlement in accordance with the applicable qualifying formula of the Collective Agreement shall receive single coverage at no cost and those employees in receipt of family coverage shall cost-share the monthly premium representing the cost differential between single coverage versus family coverage.

Notwithstanding any other provision of this Collective Agreement, all new employees hired after date of ratification that qualify for and elect to participate in the company benefit plan (single or family coverage) shall cost-share the monthly benefit premium at a rate of fifty percent (50%). All eligible employees must enroll in single coverage unless they can provide proof of coverage under another plan.

When the employee is directed by management to leave early the employee will be credited/recognized for the hours originally scheduled for purposes of benefit entitlement calculation. An 'Early Out' at the Employer's direction will require sign-off at the time between the employee and Supervisor/Lead Hand confirming employee mandatorily sent home early at Employer's discretion.

Employees hired after the date of ratification participating in the 50/50 monthly premium cost-share arrangement shall receive an additional day of paid vacation for each vacation grid increment (ie 2 weeks plus 1 day, 3 weeks plus 2 days, 4 weeks plus 3 days, etc) in lieu of the reimbursement entitlement. For purposes of this clause, the additional paid vacation day shall be calculated using the following formula: total hours

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worked over the past twenty (20) days of work, with said total divided by twenty (20),

thus resulting in an average daily rate.

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of SCHEDULE "A" -----Name

TO: FLAMBORO DOWNS HOLDINGS LIMITED

In the event that I am employed by you, I hereby irrevocably authorize and request you to deduct monthly from my pay (if any) from you the sum of Union Dues as stipulated and certified in writing by S.E.1.U. Local 2 and remit the same to the Treasurer of the said Union. The said deductions are to be made from the wages for the pay periods stipulated by the said Union.

The authorization shall, come into effect immediately upon receipt by you of this authorization and request shall remain in effect for the duration of my employment (if any) covered by a collective agreement between you and the said Union.

DATED this day of , 2015.

} ) ) ) )

Witness Signature

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of SCHEDULE "B" -----Name

TO: FLAMBORO DOWNS HOLDINGS LIMITED

In the event that I am employed by you, I hereby irrevocably authorize and request you to deduct not less than three ($3.00) dollars per shift from my pay (if any) from you on account of working permit fees, and remit the same to the Treasurer of S.E.1.U. Local 2. The said deductions are to be made from my wages until an amount equal to the dues paid by Union members in the then current calendar year has been deducted.

This authorization shall, come into effect immediately upon receipt by you of this authorization and request shall remain in effect as aforesaid during my employment (if any) with you and covered by a collective agreement between you and the said Union.

DATED this ___ day of _______ , 2015.

Witness

) ) ) ) )

Signature

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APPENDIX "A" - MUTUELS DEPARTMENT

ARTICLE 1- SENIORITY

1.01 Employees shall be eligible to attain seniority and to be placed on the seniority list as provided below. A probationary employee is an employee who has not worked more than one hundred twenty five (125) hours or six (6) months whichever comes first. For the purposes of this clause, the hours worked while training during the first two (2) weeks of employment shall be excluded from the above probationary period.

1.02 A vacancy on the seniority list shall occur when the number of seniority list employees falls below seventy (70). The parties shall agree on the seniority list set up from the records of the employer.

1.03 In the event a vacancy occurs on the seniority list, such vacancy will be filled as required by the employee then currently employed in the Mutuel Department who has the skill, competence and efficiency to perform the function, and has worked the greatest number of days in the Mutuel Department during the calendar year provided he has completed a total of six hundred and seventy five (675) hours of work in the Mutuel Department or has completed a total of one thousand (1,000) hours of work in the Mutuel Department within the recent two {2) year period.

1.04 In any day that the Employer conducts pari-mutuel wagering, then it is

understood and agreed that:

(a) each employee who has informed the Employer in advance that he intends to work for the Employer on any such days, must in fact report for work that day, unless the Employer receives notice from the Union or the employee, giving satisfactory evidence to the Employer that the absence of the employee from work that day was caused by sickness, accident, unavoidable circumstances or other reasonable circumstances.

1.05 Subject to Article 1.04, an employee who is not available for full time employment shall not be placed on the seniority list, or if he has already been placed on the seniority list, then he shall be removed from such list. An employee who has indicated through the Union to the Employer that he is available for employment on each live racing day must accept employment

when called.

1.06 The seniority of employees on the seniority list as of December 5, 1996, shall be as stated thereon. In the case of an employee who is placed on the

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seniority list after December 5, 1996, his seniority thereon shall be the date he was so placed on the seniority list. In the event that more than one vacancy on the seniority list is created in any one day, employees shall be listed in order of the greatest hours worked under the calculation in Article

1.03.

ARTICLE 2 - LOSS OF SENIORITY

2.01 Jf an employee who appears on the seniority list is not available for employment for all shifts that she had indicated on the declaration form or does not accept employment when called, then he shall be deemed to have volunta rily quit his employment, unless leave of absence has been granted under the provisions of Article 16. It is understood and agreed withholding of leaves of absence wil l not be deemed to be unreasonable because these have been granted for similar purposes in the past. It is important that the Mutuel staff be in attendance for all racing cards be they live, inter-track, simulcast, foreign racing, or any other racing cards.

ARTICLE 3 - ALLOCATION OF WORK

Hours of Work

3.01 There shall be no guarantee of hours of work per week or per day. The shift shall commence as scheduled prior to the first post and end ten (10) minutes

after the last race results are officially posted.

3.02 For the purposes of determining the number of hours of work to be paid in a shift, time worked which is less than a full hour, shall be paid at one-quarter (1/4) of the hourly rate of each fifteen minute period worked or any part

thereof.

3.03 An employee who reports for work as scheduled, unless otherwise notified by the Company prior to the beginning of the scheduled shift, shall receive a reporting allowance of not less than a minimum of four and one-quarter (4 X) hours1 pay at the applicable straight time rate. An employee may be required to perform any duties within her classification as assigned by the Company which she is capable of performing if her regular duties are not

available.

The above provision shall not apply whenever an employee has received not less than twenty-four (24) hours' prior notice not to report for work. It is understood that the Company will undertake all reasonable efforts to ensure that such notice be delivered or communicated to the employee personally.

.. .

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3.04 A shift will consist of a minimum of four and one-quarter (4 X) consecutive hours. One unpaid meal break of no greater than one (1) hour may be scheduled by the employer after the first four and one-quarter (4 %) hours of

work.

Accordingly, any unpaid break of greater than one (1) hour will constitute the employee working an additional shift as previously defined above.

Breaks, wherever operationally possible, will be assigned by the Company and by seniority. When a shift is scheduled longer than five (5) hours, an employee will be given a half-hour (1/2) paid meal break during his shift.

Where a shift is scheduled for longer than ten (10) hours an employee will be given an additional one-half (1/2) hour paid meal break.

3.05 There will be a grace period of ten (10) minutes allowed at the beginning of wagering for the day in which employees shall not be docked for keying in less than ten {10) minutes after their scheduled start time.

Work Scheduling

3.06 During the first week of November, March and July, the Company will post the Work Schedule for the period commencing the first Sunday of January, May and September respectively of all the shifts over a biweekly period that it believes will be required for the respective period.

Shift Descriptions: Start time and end time will be assigned prior to distributing each declaration.

3.07 Flexible Hours for Full-Time Work - The shift selection process will allow flexibility for those choosing full-time work of between thirty-six (36) and forty-four (44) hours. When filling out their declarations, the hours selected can exceed forty-four (44) hours in one week provided the total hours selected do not exceed eighty {80) hours in the two (2) week pay period.

3.08 Scheduling shall be done on the basis of seniority with employees choosing available shifts subject to the following:

(a) Employees choosing to work thirty (30) hours or more per week: Such employees must choose a minimum of two (2) double shifts per week and no more than three (3) double shifts per week. One of these weekly double shifts must be worked on either a Saturday or Sunday if such a shift is available.

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(b) Employees working less than thirty (30) hours per week: Such employees must choose a minimum of one double shift and no more than two (2) double shifts per week. One of these weekly double shifts must be worked on either a Saturday or Sunday if such a shift is ava ilable. When no double shift is available, employees must work one week-end single shift {Saturday or Sunday) per week.

(c} Employees working only one day per week: Such employees must choose a weekend shift of twelve (12) hours or less if such a shift is available. When no double shift is available, employees must work one week-end single shift (Saturday or Sunday) per week.

3.09 Should shifts remain available after the process set out above, the Company may schedule employees in reverse order of seniority.

3.10 Employees shall be requested to make shift selections within twelve (12) hours of being asked to do so by Management. Forms must be in writing and Declarations may not be made by telephone. An employee who fails to do so will be placed on the bottom of the selection list for the current selection

period.

3.11 A copy of the Work Schedule for all locations will be faxed/distributed for posting for each work location within one (1) week of the respect ive

schedule taking effect.

3.12 Statutory holiday request for time off must be made in writing to the Mutuels Manager a minimum of fourteen (14) days in advance of a statutory holiday. Such request will be granted on a seniority basis.

3.13 Seniority employees may exercise up to four (4) shift exchanges per month provided the employer is notified in writing for both employees. Every attempt will be made to notify the employer at least three (3) days prior to

the scheduled shift.

Shift exchanges must be made within seven (7) days of receipt of the monthly schedule. Shift exchanges between seniority and non-seniority employees must be approved by management in writing.

After seven (7) days, employees will be allowed to make shift exchanges for emergencies or other legitimate reasons. The Company will not arbitrarily or unreasonably deny such request.

3.14 Short Notice Shift Assignments: Employees working less than forty (40) hours

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per week may place their name to indicate their availability to perform short notice shifts. Such shifts will be assigned on a seniority basis provided that an employee will not be scheduled to work more than eighty hours for a two week period. This assignment shall be utilized to deal with regular shifts becoming available for contingencies such as, but not limited to, sickness, disability, vacation, paid holiday, leave of absence and reassignment of an employee from a teletheatre due to performance concerns as well as special race days and/or other days where an increase in business is anticipated. The Preference Sheet shall include a "Short Notice Availability" check box indicating the employee is available to work short notice shifts in accordance with their stated preferences.

3.15 Change in Available Work: New Schedule: A new schedule shall be established under the following circumstances:

(a) In the case of an employee originally scheduled to work thirty {30) hours a week or more; a reduction in excess of four (4) hours per week;

(b) In the case of an employee originally scheduled to work less than thirty hours per week, a reduction in excess of three (3) hours per week;

(c) An increase of more than one hour to a shift for a period longer than two (2) weeks; or

(d) The opening of an additional teletheatre. Should a new schedule be required1 the employees shall choose available shifts on the basis of seniority. The schedule will remain in place until the next regular scheduling period as set out above.

3.16 New Shifts: Should new regular shifts become available after the selection period such shifts shall be offered on the basis of seniority to all employees who at the time are working less than forty (40) hours per week provided that an employee will not be scheduled to work more than eighty hours for a two week period.

3.17 Loss of Shift: Should a shift be discontinued for the scheduled period, the employee who has lost a shift shall have the opportunity to bump a lower seniority employee. Any employee displaced in this process may bump a lower seniority employee.

3.18 Overtime: The Company shall endeavor to provide overtime work (more than forty-four (44) hours in a week) on the basis of seniority amongst those employees not scheduled to work during the time of the overtime

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opportunity on a rotationa l basis. Notwithstanding the above, the pa rties agree that a first shift employee can be asked to work the second shift where a second shift employee provides short notice of their inability to

attend work.

3.19 Reduction in Working Force: When it is necessary to reduce the work forces, probationary employees shall be laid off first, then non-seniority employees who have completed their probationary period, and then employees on the seniority lists. In all cases provided the skill competence and efficiency to do

the job concerned.

3.20 An employee on layoff with seniority may invoke his/her Mutuel Division seniority provided the skill, competence and efficiency to do the job concerned is relatively equal, and then seniority shall prevail.

3.21 Increase in Working Force: Employees will be recalled in accordance with their Mutuel Division seniority.

3.22 Prior to any outside hiring, laid off employees must accept job openings within their classification for which they are qualified or their employment will be terminated unless t hey have indicted in writing at the time of layoff they desire to be recalled only to their own classification.

3.23 An employee who is recalled for other than his own classified job will assume the rate for the job classification, provided the employee has the

required skill.

3.24 Vacancies: The Company will post notices for all job vacancies at Flamboro Downs and all Flamboro Downs teletheatre locations in existing jobs within the bargaining unit for a period of four (4) full racing days prior to the filling of the job vacancy. A copy of the notice shall be sent to the Local, (Employees on the Seniority List shall be entitled to fill such vacancy on the basis of seniority). Applications to fill the vacancy shall be made in writing and must be received by the employer within the four (4) racing days after

the posting of notice in order to be considered.

3.25 A bidding employee shall not be considered for any future postings for a period of six (6} months from the date of assignment if he is the successful bidder. All employees interested in a classification vacancy must make application within four (4) working days from date of posting, in writing, dated and time noted. Nothing contained herein shall be interpreted as requiring the Company to fill any vacancy. (If there are no applicants, the

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Company may fill the vacancy from any source).

3.26 During the posting period, the employer may temporarily fill the job vacancy for a period not exceeding the four (4) racing days with available and qualified bargaining unit employees.

3.27 If an employee files written notice with the Company as to his or her interest in applying for a stipulated job should it become vacant during this absence due to sickness, pregnancy, vacation, leave of absence or layof( his application shall be given consideration. The employee must assume the position when required.

3.28 Temporary Transfers: Temporary transfers may be made by the Company. In this clause (3.28) 11 temporary 11 shall mean for a period not exceeding four (4) working days. If the rate for the classification is greater than the rate received by the person transferred, the person transferred will receive the higher rate. If the rate is less than the employee's rate, the employee shall receive his regular rate. It is not the intention of the Company to utilize temporary transfers to avoid the posting procedure. Temporary and permanent vacancies will be subject to the posting provisions of Article 3.24, 3.25, 3.26 and 3.27.

3.29 Additional Teller at Month End - One teller will be added to month end shifts as required and if recommended by the Scheduling Committee.

3.30 Dropped Shifts - If shifts are dropped after a Declaration is picked, the shifts will remain dropped during the remainder of that Declaration plus the duration of the next Declaration. The Scheduling Committee will review this on an as needed basis.

3.31 Double Shifts:

Upon posting of the initial schedule, employees may, in accordance with seniority, claim additional hours of work from any/all double shifts assigned to junior employees in order to allow the senior employee to top up their weekly hours to a maximum of forty (40) per week.

Such additional hours being claimed can only be the consecutive hours at the beginning or end of the double shift in question and at least 4.25 hours in length or greater. For clarity, the claiming of hours from a double shift cannot result in said double shift subsequently becoming a split shift.

The claiming of additional hours as referenced above shall commence with

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the most senior employee and continue in descending order. It is further understood and agreed that the claiming of said additional hours cannot

result in the payment of overtime.

3.32 Pool "B" List:

Effective following date of ratification of this Collective Agreement, the most recent seniority-rated member to enter the Pool ((B" List shall be placed at

the top of said Pool "811 List.

Work opportunities shall be offered to Pool "B" List members starting at the top of said list and so forth in descending order.

Employees who have been given at least 4.25 hours of advance notice and decline said work opportunity or have otherwise been unavailable to accept same and do so on th ree (3) occasions during a twelve {12) month period, shall as a result of same, be deemed to be ineligible for further work opportunities for the following twelve (12) month period commencing from

the date of the 3rd occurrence.

ARTICLE 4 - SHORTAGES

4.01 It is understood and agreed that each and every employee shall pay, as and where requ ired by the Company, any and all shortages. The amount of shortage shall be determined by comparing the amount indicated to be in the float by the employee 1s terminal with the actual amount in the employee 1s float. Should the actual amount in the float be less than the amount indicated by the employee 1s terminal, the employee shall be responsible for the difference. A difference in a bank deposit will be considered to be a shortage to be collected as above. An employee shall not be responsible for a shortage where a person other than that employee had

access to the funds.

ARTICLE 5 - SUPPLIES

5.01 All supplies needed to properly perform the functions of a Mutuel employee will be supplied, when requested, at the company 1s expense or in the alternative to reimbursed to the employee with proof of purchase.

ARTICLE 6 - PAY STUBS

6.01 Pay stubs will contain a daily breakdown of hours and relevant rates of pay. This information w ill be attached/included with each pay cheque/stub.

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ARTICLE 7 - JOB TRAINING

7.01 When the Company conducts job training programs, it is understood and agreed that such programs will be conducted by the Company upon the following basis:

(a) responsibility for new staff selection, interview, documentation and assignment to classification rests solely with the Mutuel Manager;

(b} terminal operator training shall consist of on the job training as arranged by the Mutuel Manager through senior personnel who have advised the Mutuel Manager that they wish to train from time to time;

(c) the trainee and trainer shall receive their appropriate rate during the training period;

(d} new employees will only be trained on-track;

(e) new trainees will receive a minimum of two (2), four and one quarter (4 X) hours shifts of training time. In addition to the training entitlement referred to above, all new employees will also have one paid half-hour (1/2) training session with the Tote company, one paid half hour (1/2} training with the Money Room Manager, as well as their regular training as a teller;

(f) trainers who have undertaken the superv1s1on of prospective new employees, will be limited to one (1) such trainee at any given time;

(g) all new employees will have a valid ORC license before they can work in any off-track location; and

(h) all newly trained employees, who report to the teletheatre for the first time of unsupervised work, will report for their first shift one-quarter (1/4) hour early to get teletheatre specific orientation. The trainer will also report one-quarter (1/4) hour early to conduct this teletheatre specific session. Each will be compensated in accordance with the Appendix 11 A11 training premium for such time spent.

(i) The Money Room Clerk is responsible for selling programs. When the Money Room Clerk is to be temporarily relieved from selling programs, one employee shall be assigned said duty and shall receive a premium of 50 cents ($0.50) per hour until such time as the Money Room Clerk returns and resumes this function.

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ARTICLE 8-WAGES

8.01 Hourly Wage Rates in the Mutuel Department for Seniority Employees:

January 01, 2017 January 01, 2018 January 01, 2019

Classification Rate Rate Rate

Seniority Seniority Seniority

Mutuels Clerk $17.77 $18.12 $18.21

Information and Exchange $19.71 $20.10 $20.20

Runner $18.19 $18.55 $18.64

8.02 Hourly wage rates in the Mutuel Department for Non-Seniority and

Probationary Employees:

January 1, 2017 January 1, 2018 January 1, 2019

Rate Rate Rate Classification

Non Probation

Non Probation

Non Probation

Seniority Seniority Seniority

Mutuels $15.12 $16.12 $15.42 $16.44 $15.50 $16.52

Clerk

Information and $ - $- $ - $- $- $ -Exchange

Runner $ - $- $- $ - $- $ -

All hour worked between 5:00 pm and midnight on December 31st (New Year's Eve)

shall be paid an hourly premium of $3.00.

8.03 Extra Duty Premiums:

(a) Mutuel employees working in teletheatres shall receive a premium of 40 cents per hour in addition to their regular wages while performing the

following extra duties:

> Opening and closing the teletheatre > Daily banking duties > Promotions > Guest duty functions (such as maintaining and servicing the

automated machines)

{b) When the Company elects not to have supervision train employees and

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asks a regular Mutuel employee to train employees, the employee who trains shall receive a premium of two ($2.00) dollars per hour of entire scheduled shift. Trainers will not be responsible for shortages while training.

(c) When an employee is requested to make a bank deposit away from the main premises (i.e. Teletheatre locations):

(i) A premium of eight ($8.00) dollars will be paid if one person makes the deposit.

(ii) A premium of four ($4.00) dollars each will be paid if two persons make the deposit.

(d) Banking duties: ln each off-track location, the banking duties will be offered, on a daily basis, to a competent employee in accordance with seniority. Banking duties will commence, with pay, fifteen (15) minutes prior to the beginning of his I her first shift.

(e) Mileage will be paid for travel to Teletheatres, at the Company's request, as follows:

From Hamilton area to St. Catharines and beyond - thirty ($30.00) dollars per person.

(f) Subject to the provisions concerning Hours of Work, in emergency situations, where the Company requests and the employee agrees to move from their scheduled work location to another location, the Company agrees to pay mileage of ten ($10.00) dollars within the Hamilton area and thirty ($30.00) dollars to locations from St. Catharines and beyond.

(g) At the employee's discretion, overtime hours can be banked at time and one half and accumulated to be cashed out a later date or taken as time off at a mutually-agreeable time.

8.04 In the event all Seniority employees who have been requested to make the move refuse the move, then the Seniority employee with the least seniority shall be assigned by the Company.

8.05 A meal allowance of $12.00/shift towards the purchase of an in-house meal shall be paid to employees that work two or more hours overtime in that shift. A supervisor's signature is required.

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ARTICLE 9 - BENEFIT PROGRAM

9.01 Qualifying for benefits if allowed by Insurance carrier:

In order for employees in the Food and Beverage and Mutuel departments to qualify for benefits as described below, it is understood that the employee must work an average equivalent of fifty (SO) hours every two (2) week period calculated on a quarterly basis which would grant benefit entitlement for the next three (3) month period.

Absence due to illness, vacation entitlement, and approved leaves of absence are not counted in the quarterly calculations.

The level of benefits described below will not be changed without mutual consent of both parties.

The responsibility rests with the regular full-time employee to complete all eligibility requirements of the existing carriers of all medical, welfare and hospital benefits under th is Collective Agreement.

Where the Company discharges or suspends for at least one (1) month an employee who is entitled to coverage and who has completed the probationary period and has filed a grievance disputing such discharge or suspension, benefits set · out in the welfare provisions of the Agreement shall cease for the employee. The Company shall, within one (1) week of the discharge or suspension, send by registered mail to the address of the employee on record with the Company, a copy of this provision of the Collective Agreement, together with the amount of premium required and the dates when such are due . .

The employee may, at his option, reply in writing within two (2} weeks from the filing of his grievance on the discharge or suspension, to the Company for continued coverage under this Schedule, and pay to the Company the amount of premiums to provide him with the benefits set out in this Schedule during the period subsequent to his discharge or suspension up to the time an Arbitration Board makes a final or binding decision on his grievance, or the end of his suspension, whichever is applicable.

The Board of Arbitration, if the grievance is successful, shall be limited to reimbursement for the employee for welfare to the amounts paid by the employee for coverage maintenance during such aforementioned periods.

In the event an employee is disqualified from benefit continuation as a result -- ...

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of the above, the employee may elect to continue/maintain benefit enrolment at their own cost.

9.02 The Company shall continue its existing practice on benefit payments.

Note: The Company reserves the right to change Insurance carriers at any time with prior notice to the Union, provided that the coverage is at least equal to the coverage as outlined in "Benefits at a Glance" dated January 1, 2015 and that the coverage continues uninterrupted for the employees and shall be administered in accordance with LOU #10.

The Employer will provide employees enrolled in the benefit program with a drug card within thirty days of ratification of the agreement.

9.03 Group RRSP: The Company shall match fifty (50%) percent of the first six {6%) percent of an employee's contribution to the Group Registered Retirement Savings Plan (GRRSP) after the funds remain in the GRRSP for

two {2) years.

ARTICLE 10 - VACATIONS

10.01 Employees, as of December 31, in any one (1) year shall be entitled to the following vacations:

(a) employees with less than one (1) year as of December 31, in accordance with the Employment Standards Act;

(b) employees having one (1) to less than five (5) years on the Seniority List shall receive two (2) weeks vacation with pay equivalent to four (4%) percent of an employee's gross earnings in the preceding year.

(c) employees having more than five (5) years and less than seven (7) years on the Seniority List shall receive three {3) weeks vacation with pay equivalent to four (4%) percent of an employee's gross earnings in the preceding year.

(d) employees having more than seven (7) years and less than ten (10) years on the· Seniority List shall receive three (3) weeks vacation wit h pay equivalent to six (6%) percent of an employee1 s gross earnings in the preceding year.

(e) employees having more than ten {10) years on the Seniority List shall receive four (4) weeks vacation with pay equivalent to six (6%) percent of an employee's gross earnings in the preceding year.

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10.02

(f) For purposes of this article only, in determining the years of continuous employment while on the Seniority list accumulated by an employee, any part of the first year in wh ich an employee was placed on the Seniority List shall be deemed to have been the first year of continuous employment while on the Seniority List. Therefore January 1, is the anniversary date of all Seniority List employees.

(g) For purposes of determining vacation time off, each week of vacation entitlement shall be the equivalent of five (5) individual working days. For clarity purposes, three (3) weeks of vacation shall entitle the employee to fifteen (15) days away from the workplace that he/she would otherwise have been scheduled to work.

Paid Personal Day

The additional day shall be scheduled at the employee's discretion provided one week's advance notice is given unless otherwise mutually-agreed, and in accordance with same, any scheduling conflicts shall be governed by

seniority.

ARTICLE 11- M ISCELLANEOUS

Information window will be signed indicating tel lers also sell tickets.

Teletheatre business/sa les will be reviewed with the Union every three (3) months for purposes of identifying the need for additional tellers or hours of work between

various teletheatres.

Staff are expected and obligated to work all hours of each assigned shift. Accordingly, a single shift sha ll not be divided into multiple shifts except in circumstances of a bona

fide emergency.

Paycheque errors will be corrected within 24 hours.

Shortages shall be posted within 48 hours of the Money Room receiving the deposit. Employees not responsible to reimburse shortage if not posted within said 48 hour period. In addition, Saturday shortages will not be deducted from the employee until said shortage is posted on the following Monday in accordance with the above.

Lost hours as a result of a statutory holiday will be offered in accordance with seniority to those employees so affected in order to make the employee whole.

Individual fleece jackets will be issued to each staff member (Mutuels}

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TELETHEATRE EXEMPTION FORM

Teletheatre Exemptions - If an employee is unable to work at the Teletheatres1

he/she must decline using the Teletheatre Exemption Form obtained from the Mutuel Office. This form must be handed in at the time of declaration. The Exemption Declaration will be renewable on an annual basis.

Start Date:

Review Date: ------------- (1 Year to Start Date)

Employee Name:

Employee Number:

Mutuel Manager:

Date Signed:

THIS FORM MUST BE HANDED IN WITH DECLARATION FORM

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MEMORANDUM OF AG REEMENT

BETWEEN

FLAMBORO DOWNS HOLDINGS LIMITED ("Employer")

and

SEIU, LOCAL 2 (uUnion")

Mutuels Department - Staffing Process

The parties wish to enable the Employer to engage staff on a part-time basis for urgent, episodic or temporary requirements to meet changing business needs while affording employees on Temporary or Permanent Lay-off, as defined below, the opportunity to be

considered for such engagements.

The parties agree that the Employer may pursue these objectives on the following terms:

1. Employees in the bargaining unit who are currently permanent, full-time employees will continue to enjoy their rights under the collective agreement currently in force including seniority and benefits. For purposes of this Memorandum of Agreement, these employees will be referred to as Pool "A" employees. The employer will not offer buy outs to Poot "A" employees.

2. Employees who either:

(a) are currently on temporary lay-off w ithin the meaning of the Employment Standards Act, 2000 (''ESA"), and will, for the purposes of this Memorandum of Agreement, be considered employees in the Temporary Lay-off Group; or

(b) have a right to be recalled for an up to eighteen month period under Article 14.0l(a)(v) will, for the purposes of this Memorandum of Agreement, be considered employees in the Permanent Lay-off Group;

will be placed in a separate category for purposes of this Memorandum of Agreement and be referred to collectively as Pool "B'' employees. It is agreed that the eighteen month recall period under the collective agreement commences on the first day of the temporary lay-off.

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3. The Employer will attempt to engage Pool "B" employees to cover transitory staffing needs, including 4 and 5 race day requirements on an "as needed basis", vacations, public holidays, sick days, high volume days, anticipated and unanticipated business requirements, automated teller usage as well as Confederation Cup day ("Pool "B" Work"). The engagement of Pool "B" employees will not be treated as a recall within the meaning of the ESA or the collective agreement, and the Union and relevant employees hereby consent to this approach.

4. The terms of engagement of Pool "B" employees will be the following:

(a) the minimum shift duration will be 4.25 hours;

(b) the maximum number of hours for a seven day period will be no more than 26 hours except in the case of an emergency or unanticipated need, as determined by the Employer within its full discretion;

(c) no benefit coverage will be extended;

(d) dues shall be deducted and remitted to the Union from wage payments based on the number of hours actually worked;

(e) all Pool "B" employees must be available to work on Confederation Cup day, if required and upon the provision of reasonable notice;

5. The order of engagement of Pool "B" employees shall be the following:

(a) It is agreed that engagement decisions are within the employer's discretion.

(b) Employees who are on permanent lay-off and temporary lay-off who accept their severance packages on or after May 26, 2010. Work opportunities shall be offered in accordance with seniority. Pool "A" employees retain their Pool "A" seniority for purposes of placement on Pool "B". Employees selected will be paid in accordance with the current seniority rate.

(c) Former (i.e., those who retired prior to June 2010) employees may apply. Work will only be offered to former employees after it has been offered to employees on lay-off. It is agreed that engagement decisions are within the employer's discretion. Employees selected will be paid in accordance with the current non-seniority rate and shall be placed if engaged at the bottom of the Pool "B" list.

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(d) Should the needs of the employer not be met by the two categories of employees as set out above, the employer may engage temporary parttime union staff to carry out Pool "B" Work at current probation and nonseniority rates of pay. Union dues shall be deducted from said employees

for hours actually worked.

6. Notwithstanding anything to the contrary in this Memorandum of Agreement or the Collective Agreement, the treatment of the employees identified below will be in accordance with the following guidelines:

(a) Permanent Lay-off Group: the employees in this group as at the date of this Memorandum of Agreement are Debbie Arsenault, Judy Pottruff and Kelly Collina. They will be offered Pool "B" Work on the following terms:

(i) they accept severance packages in accordance with their entitlement under the collective agreement; and

(ii) they execute a letter in the form attached as Appendix "A" whereby they waive their rights of recall under the collective agreement;

(b) Temporary Lay-off Group: the employees in this group as at the date of this Memorandum of Agreement are Jennifer Burnett, Tammy Walters, Elwin Thornborrow, Laura Boyington, Kris Tattko, Kate Vanevery, Nicole Correia. These employees will be given an election to make. The election must be made in writing as set out in Appendix "B" within three days of its presentation by the Employer to each relevant employee:

(i) should they indicate an acceptance of their severance package in accordance w ith their entitlement under the collective agreement and waive their rights to recall, the employer will have the discretion

to offer them Pool "B" Work; or

(ii) they may choose to stay on lay-off status for a period of eighteen months during which period they will continue to receive their benefits, if applicable, and enjoy recall rights under the collective agreement. At the conclusion to the eighteen month period, they will receive their severance packages as set out in the collective agreement and will be considered, within the employer's discretion,

for Pool "B" Work.

It is agreed that should any of these employees fail to make an election within the prescribed time or the written election provided is not clear, they will be deemed as having opted to have accepted option (ii), above.

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Furthermore, should any of these employees find alternate employment, they will be deemed to have quit their employment with the Employer. All employees who accept severance packages forfeit their seniority under the terms of the collective agreement and their employment ends at the conclusion of their engagement for Pool "A" Work.

7. Confederation Cup: It is agreed that the employees who are identified as in the Permanent Lay-off Group are not required to perform services on Confederation Cup weekend. The Employer reserves the right to hire temporary outside staff to meet urgent needs, within its full discretion for this event and does not have to follow the order of engagement as set out in paragraph 5 above.

8. Eligibility for Pool "'J\n: Pool "B" employees shall be eligible to move into the Pool ''A" group in accordance with the criteria set out in Article 1.03 of Appendix "A" of the Collective Agreement, unless said employee elects not to do so at that time, in which event he/she retains the right to do so at a later date as his/her own

discretion.

Agreed this~ day of Octcbe_f I 2017.

Tom Galivan

-~

For the Company For the. Union ,4 ~~ d~~y(~

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APPENDIX "B" - FOOD AND BEVERAGE DEPARTMENT

ARTICLE 1- SENIORITY

1.01 Employees shall be eligible to obtain seniority and to be placed on the seniority list as provided below. A probationary employee is an employee who has not worked more than fifty-five (55) shifts.

1.02 Seniority is defined as length of service in the Food and Beverage department and shall include service with the employer prior to the certification or recognition of the union. Seniority shall be used to determine preference or priority in promotion, layoff and recall as specified elsewhere in this agreement and shall operate on a departmental-wide basis. Where two (2) or more employees commence work on the same day, preference shall be in accordance with the date of the Flamboro Downs employment application. Where the date of two (2) or more employees Flamboro Downs employment application is the same date seniority ranking shall be determ ined utilizing the employees' social insurance number.

1.03 During the probationary period, the newly hired employee shall be entitled to all rights and benefits excluding the benefit plans of the collective agreement. After completion of probation, seniority shall be effective from the original

date of employment.


Hours of Work

Parties discussed and agreed to the following concept/principles reflecting Mutuels model, to be incorporated on go-forward basis into APPENDIX "B'' Article 2 - Allocation of Work language:

• Allocation of daily shifts by seniority

• 2 week schedule (starting Sunday ending on a Saturday) posted minimum 3 times year (Jan, May, Sept) or as racing schedule changes

• For the Back of House/Kitchen, during Live Racing Season all employees must pick at least three (3) weekend shifts out of every six (6) weekend shifts (weekends defined as a Friday, Saturday and Sunday). A senior employee has the option to exchange one (1) of their three (3) weekend shifts of.choice, at the time of picks, by bumping a junior employee from an alternate shift.

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For the Casino, all employees must pick at least three (3) weekend shifts out of every six {6) weekend shifts (weekends defined as Friday, Saturday and Sunday). A senior employee has the option to exchange one (1) of their three (3) weekend shifts of choice, at the time of picks, by bumping a junior employee from an alternate shift.

If a junior employee cannot fulfill his/her 3-out-of-6 weekend shifts for lack of weekend shifts and there is no weekday shift to exchange, senior employees shall be afforded the ability to vacate his/her weekend shift of choice which shall then be offered in accordance with seniority to those junior employee(s) with less than 3-out-of-6. If no employee accepts the vacated shift, the most junior employee will be assigned said shift.

• Everybody must pick a least one weekend shift per 2 week schedule

• Soft cap of 40 hrs/week, hard cap of 44 hrs/week

2.01 (a) Each shift includes one-half (1/2) hour paid break and one-half (1/2) hour (or two fifteen minutes) unpaid breaks.

(b) There will be no split shifts of greater than sixty (60) unpaid minutes.

(c) For the purposes of determining the number of hours of work to be paid in a shift, time worked which is less than a full hour, shall be paid at onequarter (1/4) of the hourly rate for each fifteen minute period worked or any pa rt thereof.

(d} An employee who reports for work as scheduled, unless otherwise notified by the Company prior to the beginning of the scheduled shift shall receive a reporting allowance of not less than a minimum of four (4) hours' pay at the applicable straight time rate. An employee may be required to perform any duties within his/her classification as assigned by the Company for which he/she is capable of performing if his/her regular duties are not available.

The above provision shall not apply whenever an employee has received not less than twelve (12) hours' prior notice not to report for work. It is understood that the Company will undertake all reasonable efforts to ensure that such notice be delivered or communicated to the employee personally.

2.02 A shift will consist of a minimum of four (4) consecutive hours. Accordingly, any unpaid break of greater than one (1) hour will constitute the employee

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working an additiona l shift as previously defined above.

2.03 (a) Seniority list employees must complete and submit a Daily Shift Selection

Sheet for available work, including their work location preferences, as

well as whether they prefer to work days, nights or overnights.

(b) Subject to racing schedule, the Line Schedule selection must be submitted to the manager/supervisor and will be used to establish schedules for the applicable period. Days are shifts where the majority of hours of the shift occur before 5:00 p.m. Nights are shifts where the majority of hours of the shift occur after 5:00 p.m. If a shift has an equal number of hours before and after 5:00 p.m., it will be considered a night shift. Overnights are shifts where the majority of hours of the shift occur

before 6:00 a.m.

The Company reserves the right to alter/modify Line Schedules to meet operation requirements. Accordingly, any alteration/modification regarding the specific days of a Line Schedule or greater duration than two (2) consecutive weeks shall give rise to a re-posting and selection process in accordance with Articles 2.03 and 2.10 prior to the commencement of the third (3rd) week. It is further agreed that the above provision shall not apply to Line Schedule changes related to coverage for employee absences.

(c) The work locations shall be as following:

Deli Counter/BBQ

Food Court

Gaming Floor

Top of the Turn Dining Room

Kitchen

Pavil ion Buffet

Sports Lounge

2.04 The Company shall continue the current practices of rotating sections for servers and the practice of listing the rotation scheduled with the Daily Shift

selection.

2.05 Employees shall submit their Day-Off Request Form by 8:00 p.m. on the Monday prior to the Wednesday posting of the weekly schedules. Such requests will be granted on the basis of seniority and will not be unreasonably

denied.

2.06 Schedules shall be posted each Wednesday indicating the work schedules for

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the following week (Sunday to Saturday).

2.07 An employee may refuse the offer of additional shifts or additional daily hours which become available following the posting of the weekly schedule.

2.08 Preferential Shifts Becoming Available: scheduled weekly shifts that are subsequently vacated for that week because of vacation, leaves of absence, illness etc. or otherwise become available, shall first be offered in accordance with seniority to employees within that department and already scheduled to work that same day prior to being offered to employees on the short-notice list.

2.09 Where an employee has signed the additional shifts list and works additional shifts, the hours worked in that week will be paid in accordance with the Employment Standards Act (i.e. time and one half after forty-four (44) hours in a week}. Hours worked on a statutory holiday are not counted in the calculation of total hours worked for the week for time and a half calculation.

2.10 In accordance with seniority, an employee is scheduled for available work at their first preferred location as indicated on their Line Schedule Selection Sheet in his/her classification, in his/her preferred shift, and then in his/her classification in their secondary shift.

2.11 If forty (40} hours are not available in an employee's classification at his/her first preferred location, provided he/she is capable of performing the work available after a basic familiarization of the work area if necessary, and without a training or orientation, he/she may be scheduled as follows:

(a) Max out hours of work within classification before accepting work outside classification

(b) Work outside classification in accordance with seniority provided you can perform the work

2.12 When an employee is asked to work in an equal or lower classification, the employee is paid the rate of their higher classification. This clause does not apply to an employee that has claimed a shift in a lower-paying classification in order to maximize his/her hours.

2.13 Short-notice shifts shall be available work that becomes known to the Company after the posting of the weekly schedule (absence due to illness, bereavement leave, unexpected increase in business volume, etc}. Short-notice shifts shall be allocated in accordance with Article 2.07 and 2.10.

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2.14

2.15

2.16

2.17

2.18

21.19

2.20

Notwithstanding Article 2.10 in allocating/scheduling work that arises following the posting of the schedule, an employee's chosen schedule will not be altered unless an employee's own classification becomes availab le on a shift for which

he/she is already scheduled.

New Year's Eve - volunteers will be sought to fill required shifts. If said shifts cannot be filled by staff volunteering, unfilled shifts will be assigned in reverse order of seniority on the understanding that any such persons that works said shift will be the last to be mandatorily scheduled to work the following New Year's Eve. Of those that are mandatorily scheduled to work the subsequent New Year's Eve, such scheduling shall be done in reverse order of seniority with the most junior of said group scheduled first and so on.

Shift Picks - If an employee gives away shifts for three (3) consecutive weeks, those hours will be taken away and posted for the remainder of the pick. If anyone gives up a shift permanently, those hours will be reposted.

Shift Exchange - Following the posting of the weekly schedule, the Company shall allow the exchange of shifts at the request of two (2) employees provided such request is received in writing at least twenty-four (24) hours in advance and that no overtime is required/incurred as a result.

Employees that work a statutory holiday shall be afforded the option of electing to have an additional day off with pay and receiving time and one-half (1 Yi) for working the statutory holiday. The Company must be notified in writing in advance of the holiday in question. The employee shall provide at least three (3) preferences in which to take said lieu day.

Schedule Changes - For schedule changes made by management, the manager will contact the employee to advise of the change if the employee is not working after the change is made. The Company will make reasonable efforts to give three (3) days notice except in case of emergency the Company will attempt to give twenty-four (24) hours notice.

Scheduling - During the length of the contract there will be an opportunity for the Scheduling Committee to discuss scheduling alternatives.

Reduction in Working Force

2.21 When it is necessary to reduce the work forces, probationary employees shall be laid off first, and then employees on the seniority list. In all cases provided the skill, competence and efficiency to do the job concerned is relatively equal,

seniority shall prevail. 56 I Page

2.22 An employee on layoff with seniority may invoke his/her Food and Beverage Division seniority provided the skill, competence and efficiency to do the job concerned is relatively equal and then seniority shall prevail.

2.23 Layoff shall be defined as a reduction in the workforce or a reduction in regular hours of work. Effective the first weekly schedule posted after the date of layoff, employees shall be laid off in reverse order of seniority within their respective classifications. Any employee about to be laid off shall enjoy the option to bump any less senior employee provided they are capable of performing the job duties.

Increase in Working Force

2.24 Employees will be recalled in accordance with their seniority.

2.25 Prior to any outside hiring, laid off employees must accept job openings for which they are qualified or their employment will be terminated unless they have indicated in writing at the time of layoff they desire to be recalled only to their own classification.

2.26 An employee who is recalled for other than his own classified job will assume the rate for the job classification provided the employee has the required skill.

Vacancies

2.27 The Company will post for all initial job vacancies within the bargaining unit for a period of ten (10) full days prior to the filling of the job vacancy. A copy of the notice shall be sent to the Local (Employees on the Seniority List shall be entitled to fill such vacancy on the basis of seniority). Applications to fill the vacancy shall be made in writing and must be received by the Company within the ten (10) days after the posting of notice in order to be considered.

During the posting period, the Company may temporarily fill the job vacancy for a period not exceeding ten (10) days in the case of Article 2.27 or twenty (20) days in the case of Article 2.28 with the least senior employee available and qualified to perform the job.

If any employee files written notice with the Company as to his or her interest in applying for a stipulated job, should it become vacant during his absence due to sickness, pregnancy, vacation, leave of absence or layoff, his application shall be given consideration . The employee must assume the position when

required.

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Notwithstanding the above, in the event there are no internal appl ications received during the initial ten (10) day posting period, the Company may continue to temporarily fill said vacancy for an additional ten (10) day period

in order to advertise externally.

2.28 Temporary vacancies (i.e. sick leave, vacation, leaves of absence) of greater than ten (10) days shall be posted as soon as identified but in no instance later than the eleventh (11th) day for an additional ten (10) day posting period. Should the incumbent not return to his/her position by the end of the additional ten (10) day period, the senior successful applicant shall be

temporarily assigned.

Subsequent temporary vacancies as a result of the above shall be posted and filled in accordance with Article 2.27. Upon return of the incumbent to the original temporary vacancy all other employees shall return to their previous

positions.

2.29 The procedure set out in 2.27 shall apply to the filling of the first and second subsequent job vacancy arising from the filling of the initial job vacancy pursuant to 2.24. Any further subsequent vacancy is considered to be a secondary opening and shall be filled in the following manner:

(a) Employees who wish to be considered for a secondary job vacancy may make application with the Human Resources Department for a particular job classification. All secondary jobs applications shall expiry on July 31. Employees who wish to be considered for future secondary job openings after their application expires may make a new application in the Human Resources Department for a particular job classification. In order to be eligible, an employee 1s application must be on file at the time the first job opening occurs. No employee may have more than five applications on file at any one time.

(b) Secondary vacancies shall be awarded based on department seniority, provided the employee is qualified to perform the work.

2.30 An employee who has successfully bid into a job pursuant to 2.27 or 2.29 shall not be entitled to bid for a subsequent vacancy for a period of six (6) months from the date that the employee began working in the classification into which

he had successfully bid.

Temporary Transfers

2.31 Temporary transfers may be made by the Company in accordance with Article

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2.31. In this clause (2.31) "temporary11 shall mean for a period not exceeding ten (10) days (or in the case of an external advertisement an additional ten (10) days as per Article 2.27 or up to twenty (20) days per Article.

2.32 If the rate for the classification is greater than the rate received by the person transferred, the person transferred will received the higher rate. If the rate is less than the employee's rate, the employee shall receive his regular rate. It is not the intention of the Company to utilize temporary transfers to avoid the posting procedure. Temporary and permanent vacancies will be subject to the posting provisions of Article 2.27, 2.28, 2.29 and 2.30.

2.33 Overtime: The Company shall endeavor to provide overtime work (more than forty-four (44) hours in a week) on the basis of seniority amongst those employees not scheduled to work during the time of the overtime opportunity on a rotational basis. Notwithstanding the above, the parties agree that a 1st shift employee can be asked to work the 2nd shift where a second shift employee provides short notice of their inability to attend work.

ARTICLE 3 -JOB TRAINING

3.01 When the Company conducts job training programmes, it is understood and agreed that such programmes will be conducted by the Company upon the

following basis:

(a) responsibility for new staff selection, interview, documentation and assignment to classification rests solely with the Food and Beverage

Manager;

(b) training shall consist of on the job training as arranged by the Food and Beverage Manager through senior personnel who have advised the Food and Beverage Manager that they wish to train from time to time;

(c) the trainer and trainee shall receive their appropriate rate during the

training period;

(d) new trainees will receive a minimum of eight (8) hours of training time. Trainees will not be entitled to the gratuities that would have normally been received by the trainer during such training time; and

(e) trainers who have undertaken the supervision of prospective new employees will be limited to no more than two (2) such trainees at any

given time.

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Appendix "B" f & B:

A meal allowance of $12.00/shift towards the purchase of an in-house meal shall be paid to employees that work two or more hours overtime in that shift. A supervisor's signature

is required.

Effective January 1st, 2012 the current meal allowance for back-of-house employees shall cease. Employees that work one thousand (1000) or more hours per calendar year shall receive a shoe allowance of sixty dollars ($60) and those employees that worked less than one thousand 1000 hours in the calendar year shall receive forty ($40), with said shoe allowance payable on the first pay period of January 2013 and annually thereafter in

accordance with the above.

ARTICLE 4 ~ WAGES

4.01 Hourly Wage Rates Note: Lead Hand position shall be assigned to the most senior Cook 1 on shift. There shall be no more than one (1) Gaming Floor Lead

Hand working at any given time.

Training Premium: an Employee shall be paid one dollar ($1.00) per hour for management-approved training of another employee .

January 1, 2017 .January 1, 2018 January 1, 2019

Rate Rate Rate

Classification Probation Non

Seniority Probation Non

Seniority Probation Non

Seniority Seniority Seniority Seniority

Bartender Gaming $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Bartended Sports $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Bartender Pavilion $15.40 $- $16.28 $15.71 $- $16.60 $15.79 $- $16.69

Bartender Dining Room $14.84 $- $15.70 $15.14 $- $16.01 $15.21 $- $16.09

F&B Cashier $13.11 $- $13.98 $13.37 $- $14.26 $13.44 $- $14.34

Pavilion Server ·$12.54 $- $13.41 $12.79 $- $13.68 $12.85 s- $13.75

Dining Room Server $11.39' $- $12.25 $11.62 $ - $12.50 $11.68 $ - $12.56

Gaming Floor Server $11.39 $- · $12.25 $11.62 $- $12.50 $11.68 $ - $12.56.

Porter $12.54 $- $13.41 $12.79 $ - $13.68 $12.85 $ - $13.75

Dining Room Bus Boy $11.39 $- $12.25 $11.62 $ - $12.50 $11.68 $ - $12.56

Gaming Floor Lead Hand $14.60 $- $14.87 $14.89 $- $15.17 $14/36 $ - $15.24

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Cook 1 $17.13 $- $17.99 $17.47 $- $18.35 $17.56 $ - $18.44

Cook 2 $15.98 $ - $16.84 $16.30 $- $17.18 $16.38 $- $17.26

Cook 3 $15.12 $ - $15.98 $15.42 $- $16.30 $15.50 $- $16.38

Dessert Cook $12.76 s - $14.56 $13.02 $- $14.85 $13.08 $- $14.92

Cafeteria $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Snack Bar Attendant $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Food Prep/Pantry $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Dessert

Receiver /Kitchen Help $13.69 $- $14.56 $13.96 $- $14.85 $14.03 $- $14.92

Dishwasher/Kitchen $12.54 $- $13.41 $12.79 $- $13.68 $12.85 $- $13.75

Help

All hours worked between 5:00 pm and midnight on December 31st (New Year's Eve} shall be paid an hourly premium of $3.00.


5.01 Qualifying for benefits:

In order for employees in the Food and Beverage and Mutuel departments to qualify for benefits as described below, it is understood that the employee must work an average equivalent of fifty (50) hours every two (2) week period calculated on a quarterly basis which would grant benefit entitlement for the next three (3) month period.



The responsibility rests with the regular full-time employee to complete all eligibility requirements of the existing carriers of all medical, welfare and hospital benefits under this Collective Agreement.

Where the Company discharges or suspends for at least one (1) month an employee who is entitled to coverage and who has completed the probationary period and has filed a grievance disputing such discharge or suspension, benefits set out in the welfare provisions of the Agreement shall cease for the employee. The Company shall, within one (1) week of the discharge or

61 I Page

suspension, send by registered ma il to the address of the employee on record with the Company, a copy of this provision of the Collective Agreement, together with the amount of premium required and the dates when such are

due.

The employee may, at his option, reply in writing with in two (2) weeks from the filing of his grievance on the discharge or suspension, to the Company for continued coverage under this Schedule, and pay to the Company the amount of premiums to provide him with the benefits set out in this Schedule during the period subsequent to his discharge or suspension up to the time an Arbitration Board makes a final or binding decision on his grievance, or the

end of his suspension, whichever is applicable.



Note: The Company reserves the right to change Insurance carriers at any time with prior notice to the Union, provided that the coverage is at least equal to the coverage as outlined in "Benefits at a Glance" dated January 1, 2015 and that the coverage continues uninterrupted for the employees and shal l be administered in accordance with LOU #10.


5.03 Group RRSP: The Company shall match fifty (50%) percent of the first six percent (6%) of an employee's contribution to the Group Registered Retirement Savings Plan (GRRSP) after the funds remain in the GRRSP for two

years.

ARTICLE 6 • VACATIONS

Employees, as of December 31, in any one (1) year shall be entitled to the following

vacations:

6.01 (a) employees with less than one (1) year as of December 31, in accordance with the Employment Standards Act;

(b) employees with one {1) year and up to seven (7) years of service as of December 31, two (2) weeks vacation with pay equivalent to four (4%)

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percent of the emp1oyee1s earnings from the Company received during the twelve (12) months ending December 31, of the year in question.

(c) employees with more than seven (7) years of service, three (3) weeks vacation with pay equivalent to six (6%) percent of the employee's earning from the Company received during the twelve (12) months ending December 31, in the year in question.

(d) Employees shall be entitled to an optional fourth (4th) week of unpaid vacation after (10) years.

6.02 Paid Personal Day

The additional day shall be scheduled at the employee's discretion provided one week's advance notice is given unless otherwise mutually-agreed, and in accord.ance with same, any scheduling conflicts shall be governed by seniority.

6.03 Effective January 15\ 2016, during the first six (6) weeks of the calendar year

(Jan 1st to Feb 15th) employees shall schedule vacation for the same calendar year of January 1st to December 315

t (inclusive). Such vacation shall be granted by seniority by classification. The vacation schedule shall be posted as of Feb 16th indicating which days/weeks have been booked by which employees.

Consistent with the above, any unscheduled vacation post-Feb 15th shall be booked on a first come, first served basis by means of e-mail or fax (for purposes of electronic verification) confirming which employee was first in requesting the vacation time in question. For any requested vacation to be taken during January 1st_ Feb 15th of the following calendar year, such vacation shall also be scheduled on a scheduled on a first come, first served basis.

Additional employees may also be approved for vacation when in the Employer's opinion, business circumstances can facilitate same. Vacation requests shall not be unreasonably denied. Prior to the filing of any grievance regarding same, the employee shall first refer the denial to the General Manager or designate for reconsideration.

For purposes of the above, there shall be three (3) F&B Divisions as follows :

i) Front of the House ii) Back of the House iii} Casino

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In accordance with the ESA, all employees shall be required to use no less than two (2) weeks for vacation purposes (re time away from work). Any unused balance of these two {2) weeks vacation as of December 31st shall be mandatorily taken by the employee during the subsequent January and/or February as scheduled by the Employer.

Employees shall be allowed to do vacation exchange similar to shift exchange. For clarity, employees may elect to trade vacation periods as per usual shift trade protocol. Employees may also reschedule previouslyscheduled vacation provided such written request is tendered to the Manager by 8:00 pm of the Monday prior to the Weds posting of the weekly

schedule.

The employee shall be informed of the approval or denial (governed by seniority during the bid period or timeliness of vacation request post February 15th) within 48 hours of receiving the request and it is understood that this timeline is activated when the Department Head has forty-eight (48) hours to make this decision, otherwise said request is deemed to have been approved.

As per Article 2.15, employees that have scheduled vacation on New Year's Eve (December 315t) shall not be allowed to do so the subsequent calendar year. For clarity, if the employee takes vacation on December 315

\ 2015, he/she cannot schedule vacation for December 31

5\ 2016.

ARTICLE 7 - MANDATORY GRATUITIES

7.01 The Company agrees to charge a mandatory gratuity of fifteen (15%) percent for all food and/or drinks invoiced to groups/organizations. Fundraisers and promotional and charitable events may be billed at a rate of ten (10%) percent by mutual agreement of the parties. Both parties also ag'ree that permission to

do so will not be unreasonably withheld.

7.02 Mandatory gratuities will be in addition to an employee's hourly salary and shall be issued on the first pay cheque following the function.

7.03 Employees shall be entitled to a portion of the mandatory gratuity proportional to the hours they work during, or preparing, the function, on the following

basis:

(a) 9% shall be allocated to Bartenders who work the function.

(b) 75% shall be allocated to Servers who work the function.

(c) 16% shall be allocated to Kitchen staff directly involved in preparing or

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working the function, of which 1% shall be the share provided to any Busers who help to set up or work the function.

7 .04 Effective date of ratification, a Gratuity Sheet will be kept in a binder in the Supervisor's office specifying each employee and the applicable function that the gratuity was paid for. Employees shall be allowed access to said binder.

ARTICLE 8 - MEDICAL NOTES

The Company may require medical documentation for an absence(s) from work only

where:

8.01 (a) An employee is absent for three (3) or more consecutive working days as a result of sick or disability leave.

(b) The employee's absences, excluding medical or disability leave, an approved leave, as well as any other leave provided under this agreement, over a minimum of three (3) calendar months and up to a maximum of six (6) calendar months preceding the absence exceeds the departmental average for absenteeism in the previous year.

(c) An employee is absent on a day they previously requested off but were not granted.

The Company sha ll reimburse an employee for the cost of procuring requested medical documentation for the first request made in each calendar year.

Employees shall not be subject to discipline for an absence if medical documentation is not required for such absence under this article.

Providing medical documents does not relieve an employee of his obligation to give adequate notice of an absence to the Company or the need to ask permission prior to leaving early from their shift.

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ARTICLE 9 - FLAMBORO DOWNS F&B PREFERENCE SHEET

Name: Classification:

Period: NOTE: YOU MAY ONLY CHOOSE LINES IN YOUR CLASSIFICATION

TO BE COMPLETED BY ALL EMPLOYEES LINE CHOICES

l Choose your choice of line as shown on the attached schedule and record your preference below Please fill in as many listed on the schedule for YOUR CLASSIFICATION

1st Choice: 5th Choice: 9th Choice

2nd Choice: 6th Choice: 10th Choice:

3rd Choice: 7th Choice: 11th Choice:

4th C:hoi~e: Rth C:hoke: 12th (:hoke

2 For a week in which you are scheduled less than 32 hours, do you wish to be offered additional work? Mark the appropriate box with an X.

Yes D No D Note: Please fill box below to complete your availability for additional shifts which shall be your shifts for the duration of the line picks.

3. Fill in your SHIFT PREFERENCES with l, 2 and 3 (1 = most preferred) Please see notes below for shifts.

Day Shift D Night Shift D Sunrise Shill: D 4. Fill in your PREFERENCES for the LOCATIONS below with 1, 2, 3 .... (1 = most preferred) In The Event That 5

shifts are not available. Please fill in only those listed on the schedule for YOUR CLASSIFICATION

?B= § =on E] == E] 5. If not enough work is available, do you wish to claim work in an equal or lower classification within your department?

Mark the appropriate box with an "X''.

Yes No

TO BE COMPLETED BY EMPLOYEES ONLY AFTER LINE ARE ASSIGNED.

Line Received: (days recorded below)

1. How may shifts do you wish to work a week including your line schedule placement?

2. Mark the appropriate box with an "X" for the type of shift/s you are available to work other than the line schedu le that

Signature: Date:

Note: Day Shift ;; majority of hours between 08:00 to 16:00

Night Shift :: majority of hours between 16:00 to 08:00

Sunrise Sh ift = majority of hours between 00:00 am to 08:00

If you do not receive a line or you want additional shifts they will be given in the following order by location, classification and shift preference and then in his/her classification in their secondary shift.

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APPENDIX "C'' - PROPERTY SERVICES DEPARTMENT


1.01 Seniority is the length of uninterrupted department service an employee has with the Company and shall be settled for those persons presently in the employ by a list delivered to the Union with the employee 1s name and start date set out thereon. The department in which the employee is presently working shall be the department in which the employee has seniority. For new employees, it shall be the date of last hire in the department in which they are hired.

1.02 For each respective department there shall be a master seniority list incorporating all full-time and part-time employees.

1.03 Employees hired by the Company are considered as probationary employees until they have completed fifty-five (55) shifts. After employees have satisfactorily finished their probationary period, they will be entered on the appropriate department seniority list of the Company and will rank for seniority from date of hire. Absences excused or otherwise, during the probationary period will not be counted as forming part of the fifty-five (SS} shifts.

1.04 Employees shall have a Company seniority date of last hire for purpose of vacations, benefit programs and statutory holidays.


2.01 Nothing in this Article 2 shall constitute a guarantee of hours per week or daily.

2.02 In an effort to salvage jobs, there will be a revised schedule according to racing schedule/days of the week. There will also be amended hours scheduled with eight (8} hour shifts, ten (10) hour shifts or twelve (12) hour shifts as required, amending the average agreement where required. Any hours of work in excess of forty (40) hours shall be paid at the rate of one and one-half (1 Yz) times the regular rate as set out in Article 3, computed on an hourly basis. Scheduling time preferences will be done according to seniority, physical capcJbility and ski ll level.

2.03 ln cases of emergency weather conditions so declared by. the Company, the normal hours of w ork shall consist of forty-four (44) hours per week. Any hours in excess of forty-four (44) hours shal l be paid at the rate of one and one-half (1 Yi) times the regular rate as set out in Article 3 computed on an

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hourly basis.

2.04 A one-half (1/2) hour unpaid lunch break shall be scheduled as close to the mid-point in the employee's scheduled shift as practical.

2.05 Two (2) fifteen (15) minute paid coffee breaks as close to the mid-point of each half shift as practical shall be allowed for Maintenance and Janitorial

employees.

2.06 Coffee breaks and lunch breaks shall be taken in mutually agreed upon designated areas.

2.07 Overtime shall be allocated in accordance with seniority on a rotational basis.

2.08 Available work and shift selections will be allocated on a preference by

seniority basis provided the employee is capable of performing the job requirements. Allocation of overtime shall be governed by first right of refusal in accordance with seniority. Scheduling in accordance with the above shall be done at least four (4) times per year to reflect change of race dates:

• Dec 1st - March 31st (inclusive)

• April 1st - May 31st (inclusive} • June 1st - Aug 31st (inclusive)

• Sept 1st - Nov 30th (inclusive}

Each employee is required to work at least one weekend (Saturday or Sunday} shift each week, however employees shall be allowed, in accordance with seniority, to elect to take one weekend off per calendar month, provided there is sufficient remaining staff to provide coverage. For clarity purposes, if there are 11 departmental employees but only 8 shifts scheduled for Saturday and 9 shifts scheduled for Sunday, 3 shall be allowed to forgo ·accepting a shift for Saturday and 2 shall be allowed to forgo accepting a shift for Sunday.

Notwithstanding the above, all employees shall be required to work

Confederation Cup Day.

2.09 Overtime worked in excess of regular daily hours or regular weekly hours shall be paid at the rate of time and one-half (1 Yz} for all additional hours. An employee shall not be laid-off during regular hours to compensate/equalize any overtime worked. The Company agrees to maintain the status quo regarding

current daily/weekly work sch_edules.

At the employee's discretion, overtime hours can be banked at the rate of time

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and one half and accumulated to be taken as time off at a mutually-agreeable

time.

2.10 Short Notice Shift Assignments: Employees working less than forty (40) hours per week may place their name to indicate their availability to perform short notice shifts. Such shifts will be assigned on a seniority basis provided that an employee will not be scheduled to work more than eighty hours for a two week period. This assignment shall be utilized to deal with regular shifts becoming available for contingencies such as, but not limited to, sickness, disability, vacation, paid holiday, leave of absence and reassignment of an employee due to performance concerns as well as special race days and/or other days where an increase in business is anticipated.

Short notice shifts shall be first offered to those employees working less than 40 hours per week ahead of those that could have worked 40 hours per week but elected to work less than 40 hour per week.

2.11 Grounds Maintenance employees shall normally be scheduled to work Monday to Friday inclusive. Any required weekend shifts shall be filled by part-time employees when possible, then on a volunteer basis, or if no such volunteers are available, then weekend shifts will be assigned on a rotating basis based on reverse order of seniority. An employee that volunteers in accordance with the above shall be credited as taking his/her turn in said rotation and shall not be assigned any additional weekend shifts until all other grounds employees have also completed the rotation. Shifts required due to winter weather conditions will be excluded from this prov1s1on and will continue to be scheduled/administered as per past practice.

2.12 Weekly work schedules for each respective department shall be posted in advance of the winter and non-winter schedule in order for the employees to bid on their preferred shifts in accordance with their applicable seniority.

2.13 There shall be no split shifts.

2.14 It is further agreed that when necessary, a night shift shall be established and staffed to work the track during potential freezing weather. Such shifts shall be offered by seniority with first right of refusal. If all Maintenance employees refuse said shift, it shall be assigned to the most junior of said employees.

2.15 Employees shall be allowed to do shift exchanges provided they notify the Company in advance. Every attempt will be made to notify the employer at least three (3) days prior to the scheduled shift.

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Reporting Off Work

2.16 Employees who, due to sickness or other emergencies, must be absent from work, are expected to notify the Company three (3) hours prior to the start of his/her shift or as soon as possible.


2.17 Layoff shall be defined as a reduction in the workforce or a reduction in regular hours of work. Employees shall be laid off in reverse order of seniority within their respective classifications. Any employee about to be laid-off shall enjoy the option to bump any less senior employee provided they are capable of performing the job duties.

2.18 When it is necessary to reduce the working force, probationary employees shall be laid off first, then employees on the seniority lists. In all cases, provided the skill, competence and efficiency to do the job concerned is relatively equal, seniority shall prevail.

2.19 An employee on lay-off with seniority may invoke his/her division seniority to displace the most junior employee working, provided the skill, competence and efficiency to do the job concerned is relatively equal.


2.20 Recall Rights: An employee shall have opportunity of recall from a lay-off to an available opening, in order of seniority, provided she has the ability and qualifications as required by law to perform the work before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement in the affected department, shall not apply until the recall process has been completed.

2.21 No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision in the affected department.

2.22 It is the sole responsibility of the employee who has been laid-off to notify the Company of his intention to return to work within five (5) working days (exclusive of Saturdays, Sundays and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Company (which notification shall be deemed to have been received on the second date of mailing) and return to work within ten (10) working days after being notified. The notification shall state the job to which the employee is

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Vacancies

eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Company.

2.24 The Company will post notices for all job vacancies at Flamboro Downs in existing jobs within the property services department for a period of ten {10} full days prior to the filling of the job vacancy. A copy of the notice shall be sent to the Local, (Employees on the Seniority List shall be entitled to fill such vacancy on the basis of seniority). Applications to fill the vacancy shall be made in writing and must be received by the employer within the ten (10) days after the posting of notice in order to be considered.

2.25 During the posting period, the employer may temporarily fill the job vacancy for a period not exceeding ten (10) days in the case of Article 2.24 or twenty (20) days in the case of Articl~ 2.27 with the least senior employee available and qualified to perform the job. The affected employee shall not incur a loss of hours as a result of such transfer.

2.26 If an employee files written notice with the Company as to his or her interest in applying for a stipulated job should it become vacant during his· absence due to sickness or pregnancy, vacation leave of absence or layoff, his application shall be given consideration. The employee must assume the position when required.

2.27 Temporary vacancies (i.e. sick leave, vacation, leaves of absence) of greater than ten (10) days shall be posted as soon as identified but in no instance later than the eleventh (11th) day, for an additional ten (10) day posting period. Should the incumbent not return to his/her position by the end of the additional ten (10) day period, the senior successful applicant shall be temporarily assigned.

Subsequent temporary vacancies as a result of the above shall be posted and filled in accordance with Article 2.24. Upon return of the incumbent to the original temporary vacancy, all other employees shall return to their previous positions.

Temporary Transfers

2.28 Temporary transfers may be filled by the Company without posting. If the rate for the classification is greater than the rate received by the person transferred, the person transferred shall receive the higher rate. If the rate is

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lesser than the employee's rate, he shall receive his regular rate. It is agreed that the Company shall not use this provision to transfer anyone on a permanent basis. No employee shall be required to take a temporary transfer

position.

2.29 No employee shall be transferred out of the bargaining unit without his/her consent. If an employee is transferred out of the bargaining unit, his/her seniority shall be retained as of the date of the transfer but will not accumulate

any further seniority.

2.30 Where a position becomes ava ilable outside the bargaining unit, the Company

agrees to consider bargaining unit members.

2.31 Upon return to the bargaining unit, the transferred employee shall be placed in their former position provided such placement does not result in the layoff or transfer of a senior employee. If the original position is occupied by a senior employee, the returning employee shall be assigned a comparative position in

accordance with their seniority.

ARTICLE 3 - Wages

Classification January 1, 2017 January 1, 2018 January 1, 2019

Rate Rate Rate

General Maintenance $17.93 $18.29 $18.38

General GS Maintenance $18.71 $19.08 $19.18

Lead Hand

Track and Grounds $17.93 $18.29 $18.38

Mechanic - Track and Grounds $20.34 $20.75 $20.85

Janitorial $14.76 $15.05 $15.13

Janitorial Backstretch $15.29 $15.60 $15.67

Janitorial Lead Hand $15.56 $15.87 $15.95

A meal allowance of $12.00/shift towards the purchase of an in-house meal shall be paid to employees that work two or more hours of overtime in that shift. A supervisor's

signature is required

All hours worked between 5:00 pm and midnight on December 31st (New Year's Eve} shall

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be paid an hourly premium of $3.00.

A premium of one dollar ($1.00) per hours shall be paid for janitorial heavy duty work which is snow shoveling and backstretch paddock cleaning of horse occupied areas. This does not include regular backstretch cleaning in the office area, washrooms, drivers' room, or viewing lounge.

The Janitorial Backstretch Lead hand position shall pay a premium of seventy seven ($0.77) cents per hour in 2015, seventy eight ($0.78) cents in 2016.

Skill trades employees using their own tools will be given a $175 annual tool allowance. Grandstand Maintenance shall also receive tool allowance entitlement and be paid a premium of $1.50 per hour re water treatment qualifications/certificate.

Certified trades with a valid "C of Q" shall be paid a premium of $2.30/hour in 2015, $2.33/hour in 2016 provided said trade is required by the Company

The Master Mechanic may at the Employer's expense undertake Water Treatment Certification and shall be paid a wage premium of $1.50 per hour upon successful completion of said training.

ARTICLE 4- BEN EFIT PROGRAM



Full-time security and property service department employees shall be entitled to receive the benefits set out herein.


The responsibility rests with the regular full-time employee to complete all eligibillty requirements of the existing carriers of all medical, welfare and hospital benefits under this Collective Agreement.

Where the Company discharges or suspends for at least one (1) month an employee who is entitled to coverage and who has completed the probationary period and has filed a grievance, disputing such discharge or suspension, benefits set out in the welfare provisions of the Agreement shall cease for the employee. The Company shall, within one (1) week of the discharge or suspension, send by registered mail to the address of the employee on record

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with the Company, a copy of this prov1s1on of the Collective Agreement, together with the amount of premium required and the dates when such are

due.

The employee may, at his option, reply in writing within two (2) weeks from the filing of his grievance on the discharge or suspension, to the Company for continued coverage under this Schedule, and pay to the Company the amount of premiums to provide him with the benefits set out in this Schedule during the period subsequent to his discharge or suspension up to the time an Arbitration Board makes a final or binding decision on his grievance, or the end of his suspension, whichever is applicable.



Note: The Company reserves the right to change Insurance carriers at any time with prior notice to the Union, provided that the coverage is at least equal to the coverage as outlined in "Benefits at a Glance" dated January 1, 2015 and that the coverage continues uninterrupted for the employees and shall be

administered in accordance with LOU #10.


4.03 Group RRSP: The Company shall match fifty (50%) percent of the first six (6%) percent of an employee's contribution to the Group Registered Retirement Savings Plan (GRRSP) after the funds remain in the GRRSP for two years.


Employees, as of December 31, in any one (1) year shall be entitled to the following

vacations:

5.01 (a) employees with less than one (1) year as of December 31, in accordance with the Employment Standards Act.

(b) employees with one (1) year and up to seven (7) years of service as of December 31, two (2) weeks vacation with pay equivalent to four (4%) percent of the employee's earnings from the Company received during the twelve {12) months ending December 31, of the year in question.

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(c) employees with more than seven (7) years of service, three (3) weeks vacation with pay equivalent to six {6%) percent of the employee's earning from the Company received during the twelve (12) months ending December 31, in the year in question.

(d) Employees shall be entitled to an optional fourth (4th) week of unpaid vacation after ten (10) years.


The additional day shall be scheduled at the employee's discretion provided one week's advance notice is given unless otherwise mutually-agreed, and in accordance with same, any scheduling conflicts shall be governed by seniority.

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APPENDIX 11D11 - SECURITY DEPARTMENT


1.01 Employees shall be eligible to attain seniority and to be placed on the seniority list as provided below. A probationary employee is an employee who has not worked more than fifty-five (55) shifts.

1.02 Seniority is defined as the length of service in the bargaining unit and shall include service with the Company prior to the certification or recognition of the Union. Seniority shall be used to determine preference or priority in promotion, layoff, and recall as specified elsewhere in this agreement and shall operate on a department wide basis. Where two (2) or more employees commence work on the same day, preference shall be in accordance with the date of the Flamboro Downs employment application. Where the date of two (2) or more employees Flamboro Downs employment application is the same date seniority ranking shall be determined utilizing the employee's social insurance number.

1.03 During the probationary period, the newly hired employee shall be entitled to all rights and benefits excluding the benefit plans of the collective agreement. After completion of probation, seniority shall be effective from the original date of employment.


Hours of Work

2.01 Each security guard in the Backstretch and Grandstand will be provided a paid meal break and two (2) paid rest breaks. For the purposes of determining the number of hours of work to be paid in a shift, an employee will be paid the shift hours they worked. Time worked which is less than a full hours, shall be paid at one-quarter (1/4) of the hourly rate for each fifteen (15) minute period worked or any part thereof.

2.02 Notwithstanding Article 2.06, when a security guard fails to arrive for the start of his scheduled shift, the guard on duty will attempt to ensure that the Department Manager or designate is notified by following the prescribed protocol, not to exceed an aggregate total of three (3) contact persons. The Department Manager or designate will attempt to fill the vacancy within a four (4) hour period with an employee who is not scheduled to work the immediate preceding or following shift.

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2.03 Shift schedules shalt ensure that each employee is scheduled to have every other weekend off.

2.04 Notwithstanding Article 2.01, an employee who reports for work as scheduled, unless otherwise notified by the Company prior to the beginning of the scheduled shift, shall receive a reporting allowance of not less than a minimum of four (4) hours pay at the applicable straight time for security grandstand and backstretch guards and not less than three (3) hours pay at the applicable straight time rate for paddock security guards. An employee may be required to perform any duties within his/her classification as assigned by the Company for which he/she is capable of performing if his/her regular duties are not available.

The above provision shall not apply whenever an employee has received not less than twelve (12) hours prior notice not to report for work. It is understood that the Company will undertake all reasonable efforts to ensure that such notice be delivered or communicated to the employee personally.

2.05 The Backstretch Live Race Card shift shall consist of not less than eight (8) consecutive hours. The Paddock Live Race Card shift shall consist of not less than four (4) consecutive hours. All other shifts shall consist of not Jess than twelve (12) consecutive hours.

Grandstand shifts sha ll be 6:00 - 6:00 and 7:00- 7:00.

All twelve (12) hour shifts shall include a single thirty (30) minute paid meal break and three (3) paid coffee breaks of fifteen (15) minutes each. In accordance with the above, coffee breaks shall be taken in such a manner as it does not fall within the last fifteen (15) minutes of the end of the shift.

Employees shall not suffer any loss of pay for leaving work early within the last fifteen (15) minutes of the shift provided his/her relief for the subsequent shift has arrived, has been briefed for clarity, there is no obligation on behalf of any employee to participate in the above-referenced arrangement (it is a voluntary undertaking).

2.06 Available work and shift selections will be allocated on a preference by seniority basis provided the employee is capable of performing the job requirements. Allocation of overtime shall be governed by first right of refusal in accordance with seniority.

2.07 The parties agree that in the case of employees regularly scheduled to work a twelve (12) hour shift, such employees shall be entitled to receive overtime pay

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for all hours worked in excess of twelve (12) hours per day or eighty-four (84) hours every two weeks. All other employees shall be entitled to overtime pay for all hours worked in excess of forty-four (44) hours per week. Overtime shall be paid at the rate of time and one-half (11/2) the employee 1s regular wage. An employee shall not be laid-off during regular hours to compensate/equalize

any overtime worked.

2.08 Overtime assignments will be offered by seniority on a rotational basis. At the employee's discretion, overtime hours can be banked at the rate of time and one half and accumulated to be taken as time off at a mutual ly-agreeable time.


2.09 Layoff shall be defined as a reduction in the workforce or a reduction in regular hours of work. Employees shall be laid off in reverse order of seniority. Any employee about to be laid-off shall enjoy the option to bump any less senior employee provided they are capable of performing the job duties.

2.10 When it is necessary to reduce the work forces, probationary employees shall be laid off first, and then employees on the seniority list. In all cases, provided the skill, competence and efficiency to do the job concerned is relatively equal,

seniority shall prevail.

2.11 An employee on layoff with sen!ority may invoke his/her seniority provided the skill, competence and efficiency to do the job concerned as relatively equal,

and then seniority shall prevail.


2.12 Employees will be recalled in accordance with their seniority.

2.13 Prior to any outside hiring, laid-off employees must be offered job openings for which they are qualified. It is agreed that the employee may decline such recall

opportunities.

2.14 An employee who is recalled for other than his own classified job will assume the rate for the job classification, provided the employee has the required skill.

Vacancies

2.15 The Company will post notices for all job vacancies at Flamboro Downs in existing jobs within the department for a period of ten (10) full days prior to the filing of the job vacancy. A copy of the notice shall be sent to the Local, (Employees on the Seniority List shall be entitled to fill such vacancy on the

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basis of seniority). Applications to fill the vacancy shall be made in writing and must be received by the Company within the ten (10) days after the posting of notice in order to be considered.

Job postings shall be advertised indicating area and shift as follows:

Security Guard - Grandstand (Days) Security Guard - Grandstand (Nights) Security Guard - Backstretch (Days) Security Guard - Backstretch {Nights)

Security Guard - Backstretch - Live Race Card Security Guard - Paddock - Live Race Card

During the posting period, the Company may temporarily fill the job vacancy for a period not exceeding ten {10) days in the case of Article 2.15or twenty (20) days in the case of Article 2.16with the least senior employee available and qualified to perform the job. The affected employee shall not incur a loss of hours as a result of such transfer.

If an employee files written notice with the Company as to his or her interest in applying for a stipulated job should it become vacant during his absence due to sickness, pregnancy, vacation, leave of absence or layoff, his application shall be given consideration. The employee must assume the position when

required.

2.16 Temporary vacancies (i.e. sick leave, leaves of absence) of greater than ten (10) days shall be posted as soon as identified but in no instance later than the eleventh (11) day, for an additional ten {10) day posting period. Should the incumbent not return to his/her position by the end of the additional ten (10) day period, the senior successful applicant shall be temporarily assigned. Subsequent temporary vacancies as a result of the above shall be posted and filled in accordance with this Article. Upon return of the incumbent to the original temporary vacancy, all other employees shall return to their previous positions.

Temporary Transfers

2.17 Temporary tran·sfers may be made by the Company in accordance with this Article. In this Article 2.17 11temporary 11 shall mean for period not exceeding ten {10) days as per Article 2.15 or up to twenty (20) days as per Article 2.15. If the rate for the classification is greater than the rate received by the person transferred, the person transferred will receive the higher rate. If the rate is less than the employee's rate, the employee shall receive his regular rate. It is not the intention of the Company to utilize temporary transfers to avoid the

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posting procedure. Temporary and permanent vacancies will be subject to the posting provisions of Article 2.15 and 2.16.

Minimum Staffing Levels

2.18 In the interest of health and safety, there shall be no less than two (2) security officers working in the Grandstand on each shift when the Slots are operating.

ARTICLE 3 - JOB TRAINING

3.01 When the Company conducts job training programs, it is understood and agreed that such programs wi ll be conducted by the Company upon the following basis:

(a) responsibility for new staff selection, interview, documentation and assignment to classification rests solely with the Security Department

Manager;

(b) training shall consist of on the job training as arranged by the Security Department Manager through senior personnel who have advised the Security Department Manager that they wish to train from time to time;

(c) the trainee and trainer shall receive their appropriate rate during the training period;

(d) new trainees will receive a minimum of three (3), eight (8) hour shifts of training time;

(e) trainers who have undertaken the superv1s1on of prospective new employees, will be limited to one (1) such trainee at any given time; and

(f) All Security employees will be required to take and successfully complete the Standard First Aid course and the Smart Serve course during working hours. The Company will pay for the first and any subsequent attempts.

ARTICLE 4- WAGES

Classification January l, 2017 January 1, 2018 January l, 2019

Rate Rate Rate

Security Officer $17.00 $17.00 $17.00

All hours worked between 5:00 pm and midnight on December 31.51 (New Year's Eve) shall be paid an hourly premium of $3.00"

..

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Probationary employees shall receive $1.45 less than the above rates.

Full-time employees shall receive one hundred percent (100%) reimbursement and parttime employees shall receive fifty percent {50%) reimbursement for license renewal provided employee furnishes to the Employer a copy of license renewal and original receipt.

The Employer shall reimburse the employee upon submission of receipt for annual fees incurred re: Ontario Government license renewal.

A meal allowance of $12.00/shift towards the purchase of an in-house meal shall be paid to employees that work two or more hours of overtime in that shift. A supervisor1s signature is required.




Full-time security and property service department employees shall be entitled to receive the benefits set out herein.


The responsibility rests with the regular full-time employee to complete all eligibility requirements of the existing carriers of all medical, welfare and hospital benefits under this Collective Agreement.

Where the Company discharges or suspends for at least one (1) month an employee who is entitled to coverage and who has completed the probationary period and has filed a grievance disputing such discharge or suspension, benefits set out in the welfare provisions of the Agreement shall cease for the employee. The Company shall, within one (1) week of the discharge or suspension, send by registered mail to the address of the employee on record with the Company, a copy of this provision of the Collective Agreement, together with the amount of premium required and the dates when such are due.

The employee may, at his option, reply in writing within two (2) weeks from the filing of his grievance on the discharge or suspension, to the Company for continued coverage under this Article, and pay to the Company the amount of

. . 81 I Page

premiums to provide him with the benefits set out in this Schedule during the period subsequent to his discharge or suspension up to the time an Arbitration Board makes a final or binding decision on his grievance, or the end of his

suspension, whichever is applicable.



Note: The Company reserves the right to change Insurance carriers at any time with prior notice to the Union, provided that the coverage is at least equal to the coverage outlined in {/Benefits at a Glance" dated January 1, 2015 and that the coverage continues uninterrupted for the employees and shall be

ad ministered in accordance with LOU #10.

The Employer will provide employees enrolled in the benefit program with a drug within thirty days of ratification of the agreement.

5.03 Group RRSP - The Company shall match fifty (50%) percent of the first six (6%) percent of an employee1s contribution to the Group Registered Retirement Savings Plan (GRRSP) after the funds remain in the GRRSP for two {2) years.


Employees, as of December 31, in any one (1) year shall be entitled to the

following vacations:

6.01 (a) employees with less than one (1) year as of December 31, in accordance with the Employment" Standards Act;

(b) employees w ith one (1) year and up to seven (7) years of service as of December 31, two (2) weeks vacation with pay equivalent to fou r (4%} percent of the employee's earnings from the Company received during the twelve (12) months ending December 31, of the year in question;

(c) employees with more than seven (7) years of service, three (3) weeks vacation with pay equivalent to six (6%) percent of the employee's earning from the Company received during the twelve (12) months ending

December 31, in the year in question.

(d) Employees shall be entitled to an optional fourth {4th) week of unpaid

vacation after ten (10) years. 82 I Page


The additional day shall be scheduled at the employee's discretion provided one week's advance notice is given unless otherwise mutually-agreed, and in accordance with same, any scheduling conflicts shall be governed by seniority.

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Between:

LETTER OF INTENT # 1 Bargaining Unit Security

Flamboro Downs Limited (hereinafter referred to as the "Employer")

-and-

Service Employees International Union Local 2.on {hereinafter referred to as the "Union")

Employer agrees to a "good faith" assurance confirming it is not Flamboro's intention to reduce bargaining unit positions through attrition.

Between:

LETTER OF INTENT # 2 Payroll Information

Flamboro Downs Limited (hereinafter referred to as the "Employer"}

-and-

Service Employees International Union Local 2.on (hereinafter referred to as the "Union")

Employer agrees to a "good faith" assurance confirming employees will be furnished with Hand-Scan time-in/time-out information within 24 hours of the employee's request.

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Between:

LETTER OF INTENT# 3

Customer Service


-and-


Employer agrees to a "good faith" assurance confirming a memo will be sent out to all bargaining unit employees reminding staff that while it is always every employee's responsibility to assist customers, in the interest of providing the best quality customer service, customers should sometimes be referred to the most relevant departmental employees for such assistance particularly as it relates to specific customer needs that can best be satisfied by those most capable and qualified if and when such departmental staff are readily and conveniently available to do so. Ultimately, we want to ensure a pleased, satisfied and returning customer. Consistent with this objective, the exercising of prudent discretion and common sense needs to be the governing factor in all such

considerations.

· Between:

LETTER OF INTENT# 4

RSP Account Training


-and-


Employer agrees to a "good faith" assurance confirming all bargaining unit employees participating in RSP will be offered training in a timely manner to assist plan participants in utilizing their personal RSP account portal allowing access to real-time financial information.

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Between:

LETTER OF INTENT# 5 Gaming Floor Lead Hand

Flamboro Downs Limited {hereinafter referred to as the "Employer")

-and-


Employer agrees to "good faith" assurance that Gaming Floor Lead Hand shifts will be indicated on the Work Schedule as such (as opposed to former practice of greying-out of an existing Server shift) and will revise/update job description as furnished in these

negotiations as follows"

1. Change classification title to read "Gaming Floor Lead Hand"

2. Remove "recommend discipline" (5th bullet)

3. Add : (/Access to confidential files and/or confidential/personal employee

information is strictly prohibited." (16th bullet)

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LETTER OF INTENT #6 CASINO OPERATIONS AT FLAMBORO DOWNS RACETRACK

This letter has been created as a result of collective bargaining discussions between Flamboro Downs Limited ("Flamboro Downs") and the Service Employees International Union Local 2 (the "Union"). In particular, in the course of negotiations for a renewal of the collective agreement between Flamboro Downs and the Union which expired on December 31, 2016, the Union has asked about future casino operations at the Flamboro Downs Racetrack in Dundas, Ontario.

The parties are aware that: (a) there is a casino located on the property where the Racetrack is situated; (b) the casino is currently operated by the Ontario Lottery and Gaming Corporation ("OLG 1

'); (c) the OLG is currently in the midst of an RFP process which includes the possibility that another party may operate the Flamboro Downs Racetrack casino; and (d) Flamboro Downs or its parent company or a controlled entity may elect to bid as part of the RFP process to operate the Flamboro Downs Racetrack casino.

In the interests of constructive labour relations, Flamboro Downs and the Union agree that, in the event that Flamboro Downs or Great Canadian Gaming Corporation is the successful bidder on the right to operate the casino situated on the Flamboro Downs Racetrack site, then representatives of Flamboro Downs and the Union will meet to discuss relevant issues. These discussions will be designed to provide information to relevant parties and facilitate the smooth transition of casino operations. The Union has confirmed that they are not, through any such discussions, entitled to seek to expand the scope of their current certification as set out in any collective agreement. Relevant discussions between the Union and Flamboro Downs will be confined to the following topics: (a) staffing plans for the casino, (b) anticipated scope of work and duties for the Union's bargaining unit at Flamboro Downs, (c) required licensing, health and safety or other regulatory issues, (d) overlap, if any, in management of existing operations and the

d (e) any anticipated changes to employee duties, scheduling or terms and of pl

Dated thisc97 day of Ocfok.6017

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LETTER OF UNDERSTANDING

Between:


-and-


ESA Trigger

At no time shall any person covered by this agreement who is entitled to earn the General Minimum Wage pursuant to the Employment Standards Act earn a wage rate less than the applicable provincial minimum wage rate plus 3.75%.

At no time shall any person covered by this agreement who is entitled to earn the Student Minimum Wage pursuant to the Employment Standards Act earn a wage rate less than the applicable provincial minimum wage rate plus 3.75%

At no time shall any person covered by this agreement who is entitled to earn the Liquor Servers Minimum Wage pursuant to the Employment Standards Act earn a wage rate Jess than the applicable provincial minimum wage rate plus 2%. '

Dated at tk.oobrn , this c:?'3 day of ~4-a ix ( , 2017

FOR THE UNION

. ...

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