COLLECTIVE AGREEMENT. between. HOSPITALITY INDUSTRIAL RELATIONS on behalf of Ramada Hotel and Suites and the Coast Hospitality Inn

Transcription

1 COLLECTIVE AGREEMENT between HOSPITALITY INDUSTRIAL RELATIONS on behalf of Ramada Hotel and Suites and the Coast Hospitality Inn (hereinafter referred to as Employer ) and NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA), LOCAL 4234 (hereinafter referred to as Union ) June 1, 2000 to May 31, 2003

2 ARTICLE 1 INTRODUCTION PAGE 1.01 Purpose...1 ARTICLE 2 DURATION AND INTEGRITY OF AGREEMENT 2.01 Duration Labour Relations Code S.50(2) (3) Excluded Strikes and Lockouts Contracted Services Extent...2 ARTICLE 3 UNION RECOGNITION 3.01 Recognition of Exclusive Bargaining Agent Refusal to Work With Non-Union Employees and Recognition of Legal Picket Lines Performance of Bargaining Unit Work No Discrimination Union Buttons Fair Labour Services, Products and Materials Union House or Union Bar Union s Investigation of the Standing of Employees Conditions Harassment and Discrimination Nature of Communications Violence in the Workplace Union Bulletin Boards...6 ARTICLE 4 UNION SECURITY 4.01 Membership New Employees Check-Off Assignment of Wages Check-Off Process and Procedures Employee s Failure to Maintain Membership in Good Standing Partners and Shareholders...9 ARTICLE 5 UNION STEWARDS 5.01 Shop Stewards...9 ramadahosp.ca i

3 ARTICLE 6 MANAGEMENT RIGHTS 6.01 Management Rights...10 ARTICLE 7 PROBATIONARY PERIOD 7.01 Probationary Period...11 ARTICLE 8 EMPLOYEE TRAINING PROGRAMS 8.01 Employee Training Programs...11 ARTICLE 9 HOURS OF WORK 9.01 Normal Straight Time Hours of Work Split Shifts Shift Hours Maximizing the Length of Shifts Assignment of Shifts by Seniority Days Off Time Worked on Sixth and Seventh Days Payment for Time in Lieu of Breaks Unpaid Meal Breaks Rest Periods Employees Responsibility: Work Start Time Work Schedules Changes in Work Schedules Exchange of Shifts...16 ARTICLE 10 SENIORITY Seniority Entitlement Defined Seniority Lists Seniority Lost...17 ARTICLE 11 JOB POSTINGS, TRANSFERS, LAYOFF AND RECALL Job Postings...17 ramadahosp.ca ii

4 11.02 Transfers Trial Period Demotions and Seniority Layoff and Recall Procedure Layoff and Recall Between Departments...19 ARTICLE 12 ADMINISTRATION Wage Rates Combined Classifications New Classifications Payment of Wages Upon Termination, Layoff of Resignation Entry Level Wage Rates Election Days Maid Work Load and Duties...21 ARTICLE 13 STATUTORY HOLIDAYS Statutory Holidays Statutory Holiday Falling on a Day Off Payment for Statutory Holiday Eligibility for Statutory Holiday Pay Loss of Statutory Holiday Pay for Failure to Report Statutory Holiday During Employee s Vacation...23 ARTICLE 14 ANNUAL VACATION Annual Vacation: Employees with Less Than One Year of Service Annual Vacations and Pay Entitlements Vacation Scheduling Preference by Seniority Vacations to be Taken During the Year Credits on Transfer With Same Employer...25 ARTICLE 15 HEALTH AND WELFARE AND MONTHLY ASSESSMENT ACCOUNT Contribution Payment of Contributions Employer Statement Failure to Remit Investigation of the Employer s Payroll Records...26 ramadahosp.ca iii

5 ARTICLE 16 LEAVES OF ABSENCE Leave of Absence: Employee Elected to Union Office Leave of Absence: Union Conventions and Educational Programs Court Attendance Bereavement Leave Jury and Witness Duty General Limitation on Leaves of Absence Maternity and Parental Leave...28 ARTICLE 17 MISCELLANEOUS EMPLOYEE ENTITLEMENTS Protected Working Conditions Cafeteria, Kitchen and Dining Lounge Meal Entitlement Employee Attendance at Staff Meetings Employees Returning to Work After Illness or Injury No Individual Contracts or Agreements Personal Effects Compensation to Employees Re Enforcement of House Rules for Patrons Waiter Tray Size and Glass Limit Severance Allowance Cashout in the Event of Sale or Transfer Limitation on Employee Entitlements Health and Safety First Aid Attendant...31 ARTICLE 18 EMPLOYEE CONDUCT AND DRESS House Rules Governing Conduct of Employees Control of Absenteeism Authority re Cheques, Credit Cards, and Credit Accounts Proper Dress Unconventional Mode of Dress Special Uniforms...33 ARTICLE 19 LIQUOR CONTROL AND REGULATIONS New Employees: Instruction re Liquor Control Legislation and Regulations Employee Serving Liquor Hours of Service Implementation of Changes in Regulations...34 ramadahosp.ca iv

6 ARTICLE 20 DISCIPLINE AND DISCHARGE OF EMPLOYEES Discipline and Discharge of Employees...34 ARTICLE 21 GRIEVANCE PROCEDURE Definition and Recognition of a Grievance Grievance Procedure Single Arbitrator Policy Grievance Arbitration Hearing Authority of the Arbitrator Time Limits Persons Authorized to Deal with Grievances Disciplinary Notations...37 ARTICLE 22 DEFINITIONS Objective Interpretation Time Span Reference Specific Definitions Bank Rolling...38 Signing Page...39 LETTERS OF UNDERSTANDING #1 Fast Track Med/Arb Process...40 #2 Arbitration Costs Health and Welfare...43 #3 Optional Hours of Work...44 #4 Health and Welfare Benefits...45 #5 CAW Leadership Training Fund...46 WAGE RATES... Appendix A ramadahosp.ca v

7 ARTICLE 1 INTRODUCTION 1.01 PURPOSE The purpose of this Agreement is to set forth and establish the terms and conditions of employment for those employees who come within the scope of this Agreement, so that stable and harmonious relationships may be established and maintained between the Employer and the Union, to the mutual benefit of the parties to this Agreement. Further, the purpose of the Agreement is to facilitate the peaceful adjustment of all disputes and grievances in accordance with Article 21 of this Agreement, to prevent strikes, lockouts, slowdowns or other interference with work, unnecessary expense, and avoidable delays in carrying out the most efficient and effective operations of the Employer s business, and to enhance the living standards and working conditions of the employees. ARTICLE 2 DURATION AND INTEGRITY OF AGREEMENT 2.01 DURATION This Agreement shall be for the period from and including June 1, 2000 to and including May 31, Thereafter, the Agreement shall continue in full force and effect from year to year subject to the right of either party to serve notice to commence bargaining as provided for in the British Columbia Labour Relations Code. The Collective Agreement will become effective upon the date which the Agreement is signed. During the period when negotiations are being conducted between the parties for the renewal of this Agreement, the present Agreement shall continue in full force and effect until: (i) (ii) (iii) the Union commences a legal strike; or the Employer commences a legal lockout, or the parties enter into a new or further Agreement. ramadahosp.ca - 1 -

8 During the continuation period provided in above, neither party shall attempt to take any action or make any changes in the terms and conditions of employment, which would be inconsistent with the express terms of this Agreement LABOUR RELATIONS CODE SECTION 50(2) AND (3) EXCLUDED The operation of Sections 50(2) and (3) of the Labour Relations Code of British Columbia are hereby excluded STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement, there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout CONTRACTED SERVICES The Employer agrees that all work coming under the jurisdiction of this Union, in the certified area, performed by anyone, on behalf of, or at the instance of the Employer, directly or indirectly under contract or sub-contract, shall be performed by employees who are members of this Union or who shall become members in accordance with the terms and conditions as set out in this Agreement. Any such third party performing the work shall be bound by all the terms and conditions set out in this Collective Agreement as if it were signatory to this Collective Agreement. Notwithstanding above, it is recognized and agreed that the areas of Night Janitor, Laundry, Parking and Security may be contracted to outside persons who shall be considered outside the scope of this Collective Agreement. It is further agreed that all current contracts may continue for the life of this Agreement. Persons performing work in the above-named categories as at January 11, 1987 shall not suffer a loss of employment solely because of contracting out of the named services EXTENT The parties recognize and agree that they cannot be obligated or bound by any term, condition or provision which would be contrary to any existing Federal or Provincial legislation or regulations passed pursuant thereto. In the event that any term, condition or provision, or part thereof which is incorporated into this Agreement, whether by inadvertence, error or misunderstanding, is in fact or in law contrary to such Federal or Provincial legislation or regulation, then such term, condition or provision or part thereof, is void and of no effect. ramadahosp.ca - 2 -

9 In the event that existing Federal or Provincial legislation makes invalid any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement. The Employer and the Union shall confer to settle upon a mutually agreeable provision to be substituted for the provision(s) so altered or invalidated. Where issues are not resolved through statute authority or, issues not resolved between the parties shall be determined through the arbitration provisions in this Agreement. ARTICLE 3 UNION RECOGNITION 3.01 RECOGNITION OF EXCLUSIVE BARGAINING AGENT The Employer recognizes the Union as the sole and exclusive bargaining agent for the employees in the bargaining unit described in the certification issued by the Labour Relations Board of B.C., subject to the exclusions subsequently ordered by the Labour Relations Board For purposes of this Agreement, the terms, employee or employees shall be understood to mean those persons employed by the Employer for whom the Union is the recognized bargaining agent in above REFUSAL TO WORK WITH NON-UNION EMPLOYEES AND RECOGNITION OF LEGAL PICKET LINES Refusal on the part of Union members to work with non-union employees, pertaining to the bargaining unit, shall not be deemed to be a breach of this Agreement. In the event that any employee or group of employees intends to exercise this right, the Employer must first be served with written notice in advance of the exercise of the right. The written notice must be provided by the Union office. In exercising the right expressed in above, it is recognized and agreed that the establishment of picket lines is expressly prohibited. No employee shall be required to cross a legal picket line arising from a strike or lockout. For purposes of this Article, a legal picket line shall mean only those picket lines expressly permitted under Sections 65(1) and (2) of the Labour Relations Code of British Columbia. The Union agrees whenever practicable to give the Employer advance notice of the probable implementation of picket lines which might affect the Employer s operation. ramadahosp.ca - 3 -

10 (e) The Employer has no obligation to re-assign the employee to other work, or to continue to pay an employee s wages and benefits during the period while the employee is refusing to cross a legal picket line PERFORMANCE OF BARGAINING UNIT WORK No person whose regular job is not in the bargaining unit will work on any job for which rates are established by this Agreement, except for the purposes of instruction, experimentation, or management training, in which case, trainees shall not displace or replace any employee in the aforesaid classifications except in cases of emergency when regular employees are not available NO DISCRIMINATION No discrimination shall be shown an employee active in the affairs of the Union. Should an occasion arise as to doubt the reasons for discharge, the Union shall be permitted to investigate UNION BUTTONS The parties agree that all Union employees are entitled to wear a Union button while on duty, provided that the manner in which the button is worn shall not detract from the style of the uniform or costume normally worn by the employee FAIR LABOUR SERVICES, PRODUCTS AND MATERIALS The Employer undertakes, wherever possible and practical, to use services, products and other materials necessary to the proper functioning of the Hotel, which are manufactured, provided or produced under fair labour conditions UNION HOUSE OR UNION BAR The Employer agrees to sign the Union House or Bar Card Contract and upon signing, the Employer shall receive the appropriate card and display same UNION INVESTIGATION OF THE STANDING OF EMPLOYEES CONDITIONS The Employer shall allow the properly authorized representative of the Union to investigate the standing of all employees conditions, to see that this Agreement is being enforced. The Employer is entitled to require an individual to substantiate that he is an authorized representative of the Union. As a courtesy, the Union Representative will make an effort to notify the Employer in advance of a visit to the work site. ramadahosp.ca - 4 -

11 Access will not be unreasonably denied by the Employer. The investigation must not result in any disruption with the Employer s operations or affairs, and it must not result in any employee or employees neglecting their work duties and responsibilities HARASSMENT AND DISCRIMINATION All employees have the right to work in an environment free from harassment, including sexual harassment, and discrimination. Harassment means any unwelcome physical contact, comments, gestures, body language, posting or distribution of material, or other behaviour which has the purpose or effect of interfering with an employee s work performance or creating a hostile or offensive work environment. Sexual Harassment includes any of the conduct described above which is of a sexual nature or which is directed at an employee on the basis of that employee s gender. Discrimination means any conduct which is prohibited under the B.C. Human Rights Act and Regulation and amendments made thereto, and shall include discrimination on the basis of any employee s age, marital status, sex, race, creed, colour, national origin, political or religious affiliations, disability, sexual orientation, nor by reason of Union membership participation in its activities. (e) (f) (g) An employee who alleges that he/she has been harassed, sexually harassed, or discriminated against may file a grievance pursuant to Article 21 of this Agreement. If an employee files a grievance pursuant to Article 21, the Employer shall carry out forthwith, an independent investigation into the complaint which forms the basis of the grievance, and the Employer shall advise the Union immediately in writing when the grievance is filed that such an investigation is being undertaken. Any information arising from an investigation undertaken pursuant to Article 3.09 shall remain confidential but shall be provided to the Union. The complainant will not be negatively affected by filing the complaint. The Employer shall post conspicuously in the workplace, a policy regarding Harassment and Discrimination which is approved by the Union and Hospitality Industrial Relations. ramadahosp.ca - 5 -

12 3.10 NATURE OF COMMUNICATIONS Every employee, union or management representative is entitled to fair treatment in the workplace and shall not discriminate against any person as per the British Columbia Human Rights Act. Furthermore, parties to this Agreement and those governed by said Agreement shall ensure that all members of Hotels in this Agreement are treated equally with integrity, trust and respect. The Company and the Union shall endeavour, at all times, to promote a work environment which is supportive of the productivity, personal goals and self-esteem of every employee. To this end, both parties will maintain open lines of communication and shall promote a good relationship built on mutual trust and respect VIOLENCE IN THE WORKPLACE Should an employee become a victim of an act of violence or threatened act of violence in the workplace, the Employer shall perform the following: (e) The Employer shall immediately conduct an investigation into the act or threatened act of violence; A written report shall be produced by Management within seven (7) days of the Employer becoming aware of the incident; The Union shall be provided with a copy of this report; No complainant shall suffer loss of wages or benefits while the matter is pending resolution; This Article does not limit Management s ability to discipline employees UNION BULLETIN BOARDS The Employer shall provide, in its main building and in its Beer and Wine Store, an area in each, specifically and exclusively reserved for a Union Bulletin Board, the use of which is limited to affairs of the Union. The exact location of each Board will be decided by mutual agreement between the parties. ramadahosp.ca - 6 -

13 ARTICLE 4 UNION SECURITY 4.01 MEMBERSHIP All employees who are now members of the Union or who may become members, shall remain members in good standing a condition of employment. All new employees shall be required to become members of the Union within thirty (30) days after the date of initial employment. The Union is entitled to determine the eligibility of newly hired employees for admission into Membership in the Union, according to the Union s constitution, provided that the eligibility criteria and the manner of their administration are lawful in this Province. For purposes of Article 4.01 above, the term, good standing is defined to refer only and be limited to the payment of Union Membership Dues and Initiation fees New employees will be referred to the Shop Steward upon starting employment NEW EMPLOYEES The Employer agrees that it will advise each newly hired employee of the Union Security and Check-Off provisions provided in this Collective Agreement, and refer such employees to the Union for purposes of obtaining a Union Card. The Employer agrees that it shall provide the name, classification and first schedule of a new hire to the Shop Steward CHECK-OFF ASSIGNMENT OF WAGES All employees, as a condition of employment, shall sign an authorization of check-off before commencing work. The Union agrees to supply the Employer with the necessary Assignment of Wage forms. Such forms must specifically authorize the deduction of initial fees, union dues, fines, assessments and arrears, health benefit contributions and pension contributions as required by Article CHECK-OFF PROCESS AND PROCEDURES The Employer agrees to deduct applicable initial fees, union dues, fines, assessments and arrears, health benefit contributions and pension contributions upon receipt of the appropriate Assignment of Wages form, signed by each employee. ramadahosp.ca - 7 -

14 (e) (f) Upon commencement of employment, each new employee will be required to sign the appropriate Assignment of Wages form. In the event that the Employer s files do not contain the necessary assignment of wages for any existing employee, such employees shall, upon demand, sign and present the appropriate Assignment of Wages form. All monies deducted from employees earnings pursuant to this Article, are to be forwarded to the Secretary of the Union, together with a list of employees to whom the monies are to be credited, and the names, addresses and social insurance numbers of new employees hired, on or before the fifteenth (15 th ) day of the month in which the monies were deducted. It is the responsibility of the Union to advise the Employer in writing as to the amount of money to be deducted for initiation fees, union dues, fines, assessments and arrears, and of any changes in the amounts to be deducted. The Union recognizes and agrees that the Employer s obligation to deduct such dues is expressly restricted to making only such deductions as are permitted by law, and as are authorized by valid Assignment of Wages form executed by each employee. In the event that the Union alleges any violation by the Employer of this article, notice of such alleged violation shall be given to the Employer in writing. If the matter is not resolved between the Employer and the Union, either party may then refer the issue directly to arbitration. The Employer expressly agrees that all monies deducted as required by the Assignment of Wages forms are held in trust to be forwarded to the Union and shall at no time be used for the financing or operations of the Employer s business AN EMPLOYEE S FAILURE TO MAINTAIN MEMBERSHIP IN GOOD STANDING Upon notice in writing from the Union to the Employer that an employee: is not a member of the Union; has not signed a written Assignment of Wages to pay initiation fees; has revoked his/her written Assignment of Wages to pay initiation fees, union dues or union assessments; is suspended from the Union; ramadahosp.ca - 8 -

15 (e) (f) has been expelled from the Union; has resigned from the Union; the Employer shall immediately discontinue the employment of such employee. The Union shall indemnify the Employer and hold it blameless against any and all suits, claims, demands, and liabilities that may arise for the purposes of complying with the provisions of this Clause PARTNERS AND SHAREHOLDERS (e) (f) Shareholders and partners in excess of four (4) and managers working in an operation covered by this Agreement shall join the Union and be governed by the terms and conditions as defined in this Agreement. Shareholders, partners and/or managers who may be required to join the Union shall not displace or replace a member of this Union. Clause 4.06 of this Article shall not apply to shareholders, partners nor managers whose duties are supervisory and/or administrative in nature. An owner, shareholder or partner is a person who has purchased at least ten percent (10%) of the total business and continues to be a voting member of the owner group. Where there are more than four (4) partners or shareholders, the Union may request that those who will be performing work in accordance with Article 4.06 be identified in writing. This shall not preclude changing the aforementioned partners and shareholders and the Union shall be advised of the change in writing. ARTICLE 5 UNION STEWARDS 5.01 SHOP STEWARDS The Union shall appoint from among the employees, and the Employer shall recognize, a Shop Steward in each of the Employer s operations. The duties of the Shop Steward shall be to assist in the reporting and resolution of all grievances as well as disseminating bona fide information of the union to the employees. ramadahosp.ca - 9 -

16 (e) (f) (g) (h) The Employer agrees to recognize a duly appointed or elected Shop Steward provided that the Union has first advised the Employer in writing of the name of the employee so appointed. The Union agrees to advise the Employer in writing of any changes made by appointment or election from time to time. The Shop Steward s first obligation is the fulfillment of his responsibilities as an employee. During his working hours, the Shop Steward is not entitled to engage in Union activities other than the necessary involvement in the reporting and resolution of grievances. The Union Steward must not leave his assigned work area on Union business, without prior permission. Such permission will not be unreasonably withheld. The necessary time which is spent by Stewards during their regular working hours in reporting and resolving grievances, or in attending meetings specifically provided for herein, shall be considered to be time worked. Under no circumstances shall a Steward take any action or issue any instruction which will interfere with the operation or affairs of the Employer, or with the management of, or direction of the work force. The Shop Steward shall not be discriminated against or disciplined for the proper performance of his duties on behalf of the Union. It is understood and agreed that the Employer will recognize an alternate Shop Steward in the absence of the regular Shop Steward. The Union will advise the Employer of the person so designated MANAGEMENT RIGHTS ARTICLE 6 MANAGEMENT RIGHTS The entire management of the operation, including discipline of the employees is vested exclusively in the Employer at his place of business. In the exercise of management rights, the Employer will not treat any employee in an unfair and discriminatory manner and will observe the provisions of this Agreement at his place of business. ramadahosp.ca

17 7.01 PROBATIONARY PERIOD ARTICLE 7 PROBATIONARY PERIOD The probation period referred to in this Collective Agreement shall be one hundred eighty (180) calendar days from the date of hire. ARTICLE 8 EMPLOYEE TRAINING PROGRAMS 8.01 EMPLOYEE TRAINING PROGRAMS It is agreed that in the event the Employer institutes a training program, the Employer must first receive permission from the Union in each and every instance. This program shall not exceed thirty (30) days. Failure on the part of the Employer to receive such permission from the union, there shall be no training program. The established hourly rate for such training program shall be ten percent (10%) less than the established wage rate for each classification contained within this Agreement. ARTICLE 9 HOURS OF WORK 9.01 NORMAL STRAIGHT TIME HOURS OF WORK The normal straight time hours of work assigned by the Employer shall conform with the following guidelines: i. not more than eight (8) hours in any one (1) day; ii. not more than five (5) working days in any seven (7) day period; iii. not more than forty (40) hours in any five (5) working day period. Any hours which the Employer requires an employee to work in excess of the above shall be paid at double time the hourly rate SPLIT SHIFTS Where split shifts are assigned by the Employer, they must conform with the following guidelines: i. no shift of less than six (6) hours may be split; ii. no shift may be split more than once; iii. no part of a split shift shall be less than two (2) hours; iv. all split shifts must be worked within a twelve (12) hour period. ramadahosp.ca

18 A break of two (2) hours shall constitute a split shift and the Employer is obligated to pay a split shift premium where the time between split segments is two (2) hours or more. The premiums shall be as follows: i. six (6) hours worked for seven (7) hours straight time pay ii. seven (7) hours worked for eight (8) hours straight time pay iii. eight (8) hours worked for nine (9) hours straight time pay SHIFT HOURS All shifts assigned by the Employer must conform with the following guidelines: Four (4) hour shifts will be the minimum shift permitted in any one (1) day. Shifts of five (5), six (6), seven (7), or eight (8) hours may be assigned, subject to the provisions of Article All hours worked up to and including eight (8) hours in any one (1) day will be paid at the straight time rate MAXIMIZING THE LENGTH OF SHIFTS While the Employer is entitled to schedule shifts of various lengths as provided for in this Agreement, the Employer is obligated to first schedule the maximum number of eight (8) hour shifts before instituting shifts of seven (7), six (6), five (5), or four (4) hours. When the Employer requires that extra unscheduled hours are to be worked, the extra work will be offered by seniority to the required classification who is working within the department that day, provided such extra work does not result in the senior person working in excess of eight (8) hours ASSIGNMENT OF SHIFTS BY SENIORITY Within departments and classifications, the Employer must offer all available shifts to employees according to seniority. If a more senior employee declines a shift in favour of an available shorter shift, then the remaining shifts shall be again offered on a seniority basis. i. When an employee elects to restrict his/her hours as per Article 9.05, the employee cannot choose to work less than twenty (20) hours in a scheduled work week unless the hours are not available. ramadahosp.ca

19 ii. The Employer does not waive their right to discipline employees who refuse to work shifts to which they have been properly scheduled. The Employer must offer and assign all available forty (40) hour weeks to the employees with the most seniority before implementing shifts of lesser hours. If a more senior employee declines the forty (40) hour week in favour of an available shorter week, then the forty (40) hour week shall again be reassigned on a seniority basis. Where an employee is scheduled for less than eight (8) hours in a day, the shift cannot be extended unless by consent of the employee. (e) The right of the employee shall not extend to the creation of six (6) or seven (7) consecutive days of employment or overtime. (f) In the exercise of its rights to schedule shifts in a manner which is consistent with the best interests of its operation, the Employer will make every reasonable effort to apply the principles of seniority to the assignment of shifts which are similar in length DAYS OFF Days off in each seven (7) consecutive days subject to Article 9.01 will be as follows: All service employees shall receive two (2) consecutive days off in each seven (7) days; and All other employees shall receive two (2) days off in each seven (7) days. Whenever possible, days off will be consecutive TIME WORKED ON SIXTH AND SEVENTH DAYS Double time shall be paid for all work performed on an employee s sixth (6 th ) and seventh (7 th ) day of employment in a scheduled work week PAYMENT FOR TIME IN LIEU OF BREAKS Employees who are unable to be assigned meal breaks or rest periods, shall be paid a premium equivalent to one-half (1/2) hours pay at straight time rates. There shall be no deliberate bankrolling of purported violations of this Clause by any employee. ramadahosp.ca

20 9.09 UNPAID MEAL BREAKS All employees working shifts of five (5) to eight (8) hours are entitled to an unpaid meal break between the third (3 rd ) and fifth (5 th ) hour of work. Such meal breaks shall not be less than one-half (1/2) hour nor more than one (1) hour on the employee s own time REST PERIODS All employees are entitled to rest periods in accordance with the following schedule. i. Four (4) hours one (1) ten (10) minute rest period. ii. Five (5) hours one (1) ten (10) minute rest period. iii. Six (6) hours one (1) ten (10) minute rest period. iv. Seven (7) hours two (2) ten (10) minute rest periods. v. Eight (8) hours two (2) ten (10) minute rest periods. Such rest periods are part of the employee s assigned hours of work and the rest period time is paid for by the Employer. Time to commence when the employee arrives at the assigned rest area or a total of fifteen (15) minutes from the employee s work station EMPLOYEES RESPONSIBILITY: WORK START TIME Employees shall be in their respective assigned working locations, ready to commence work at their designated starting times, and they shall not leave their working locations at times or in a manner inconsistent with the terms of this Agreement WORK SCHEDULES A work schedule shall be posted by 5:00 p.m. Thursday prior to the next scheduled week in a conspicuous place for the information of all scheduled employees. The work schedule shall contain the following information for each scheduled employee: - Employee s Name - Classification - Days Off - Starting and Finishing Times It is the Employer s responsibility to keep the work schedule up to date and to ensure that any changes are clearly noted and legible. It is the responsibility of every scheduled employee to check the posted work schedule for changes. ramadahosp.ca

21 In the event that the Employer changes the next scheduled shift of an employee who is not at work because of a scheduled absence, the Employer will be responsible for notifying the employee of the change. An Employer will provide the Shop Chairman with a copy of the work schedule and any changes thereof. All changes to the work schedule shall be dated CHANGES IN WORK SCHEDULES (e) In situations other than emergencies, the scheduled employees are entitled to forty-eight (48) hours notice of any schedules. In emergency situations which are beyond the control of the Employer, as in the case of the failure of an employee to report for an assigned schedule, the Employer may give notice of less than forty-eight (48) hours, but not less than twenty-four (24) hours, when changing work schedules. Employees who become aware that they are not going to be able to report for work as scheduled, are obligated to provide the Employer with notice at the earliest possible time, or to have someone else notify the Employer on their behalf, to allow the Employer time to cover the absence. Employees whose schedules are changed without the advance notice specified, cannot be disciplined if they advise that they cannot comply with the changed starting and finishing time for the first shift of the new schedule. The employer will so advise as early as possible. In situations where an employee has not been provided with notice of a change in his work schedule, and the employee reports as scheduled before the change, the employee shall be provided with work and/or pay as follows: i. Fifty percent (50%) of scheduled hours pay unless the employee is unfit to perform his duties or he has failed to comply with the Industrial health and Safety Regulations of the Workers Compensation Board; or ii. Where the employee commences work, four (4) hours work and/or pay unless his work is suspended because of inclement weather or other reasons completely beyond the control of the Employer, in which case, Paragraph (i) above applies. (f) Any employee whose schedule has been modified due to illness or injury as defined in Article will receive notice required in Article 9.13 and. ramadahosp.ca

22 9.14 EXCHANGE OF SHIFTS In the event that two employees mutually agree to exchange a shift, with the prior authorization of the Employer, which would result in either employee working in excess of the normal straight time hours of work set out in Article 9.01, the parties agree that the employee shall not be entitled to receive any overtime payment for such excess hours of work. In other words, the employees shall receive their regular rate of pay for all hours of work resulting from the exchange of shifts. ARTICLE 10 SENIORITY SENIORITY ENTITLEMENT DEFINED For the purpose of this Agreement, except as outlined in below, seniority shall be based on an employee s continuous length of service in a classification, within a particular department in the Employer s operation. For purposes of annual vacation entitlement, seniority will be based on the total number of years of service in the Hotel. It is understood that hours which are worked in a department different from that in which the seniority of the employee is held shall not be accrued toward the seniority of the employee except for the purposes of Article SENIORITY LISTS On February 1 st of each year, Seniority Lists shall be posted. The period for calculating the hours worked shall be from January 1 st to December 31 st. The Seniority List shall contain the following information: i. Employee s name ii. Date of classification seniority iii. Employee s classification iv. The number of hours of seniority accrued. The Seniority List shall be posted by the Employer for a minimum of thirty (30) days. Any objection to the accuracy of a posted Seniority List must be lodged with the Employer during the thirty (30) days in which the List is posted. Thereafter, the posted List will be deemed to be valid and correct for all purposes of this Agreement. At the time of posting, a copy of the Seniority List shall be given to the Shop Steward and a copy should be sent to the Union Staff Representative. ramadahosp.ca

23 10.03 SENIORITY LOST Seniority will be lost when and employee i. receives severance pay in accordance with this Agreement under Article ii. voluntarily terminates his/her employment iii. is discharged for just and reasonable cause iv. is on layoff more than six (6) consecutive months v. an employee is absent without leave for a period of four (4) consecutive days without a valid excuse JOB POSTINGS ARTICLE 11 JOB POSTINGS, TRANSFERS, LAYOFF AND RECALL (e) (f) Except in cases of emergency, all vacancies and new positions within the bargaining unit will be posted on the bulletin board in each department for at least five (5) consecutive work days. A copy of all postings will be immediately forwarded to the Union representative. If more than one (1) employee applies for a posting, the Company shall fill such posting on the basis of the applicant s Hotel seniority provided such senior employee possesses the primary qualifications, efficiency and ability to satisfactorily perform the full measure of the work required. Postings which are referred to in this Article shall not apply to the filling of vacancies which are temporary by reason of illness, vacation, or other leaves. A temporary absence shall be considered an absence that is not expected to be more than sixty (60) days in length. In assigning such temporary hours, the principles of seniority and ability, first within the classification, then within the department, and finally within the Hotel will apply. An employee changing classifications through the posting procedure shall continue to accrue seniority in his/her original classification for the sixty (60) day trial period. Thereafter, their seniority in their original classification shall be frozen as of the day they left the classification seniority group and their new classification seniority shall be the first day of work in the new classification. The Union reserves the right to make such appointment the subject of the Grievance Procedure. Employees holding frozen seniority are not permitted to exercise such seniority unless they have successfully posted back into their original classification. An employee can never hold seniority in two (2) positions at the same time. ramadahosp.ca

24 11.02 TRANSFERS Transfers offered by the Employer from one department to another will take place only with the consent of the employee. Offers of transfer shall be in seniority order. Transfers from one department to another cannot take place unless there is a vacancy or a new position has been created, and no employee will be laid off because of such a transfer. Where a department, classification, or position has been permanently reduced and employees are offered a transfer in accordance with and, employees shall transfer with their full Hotel seniority TRIAL PERIOD All successful applicants to a job posting, shall be on a trial period for sixty (60) days. During this period, the employee must demonstrate that he/she can satisfy the requirements of the work performance criteria for the job. Should the employee be unable to satisfy the requirements of the work performance criteria in the trial period, or should he/she decide during the trial period that he/she does not want to continue in the job, then the employee may b returned to his/her former job. In such cases, the Employer shall have the right to require all employees who changed job positions in consequence of the promotion, to move back into their job positions and wage rates, which they occupied prior to the promotion. The employee may be returned to his/her former position after a minimum of forty-eight (48) hours notice DEMOTIONS AND SENIORITY When layoffs occur within any department, the last employee hired shall be the first employee to be laid off, based on length of service within the particular classification, it being understood that: Employees in a higher classification may be demoted to a lower classification, and An employee who has been promoted from one classification to another and subsequently demoted to the lower classification shall, within that lower classification, have seniority according to length of service in the department and shall, if a layoff occurs, be laid off accordingly and shall be recalled in inverse order to that in which he/she was laid off LAYOFF AND RECALL PROCEDURE When layoff occurs within a department, the employee with the least seniority within the particular classification shall be the first laid off. ramadahosp.ca

25 Employees who restrict their availability for recall will not be protected by their seniority. In the event of layoff, the order of layoff within the affected classification and department shall be as follows: i. Probationary Employees, then ii. Regular Employees (e) An employee who has been laid off and wishes to be recalled must insure that the Employer has a current phone number and address for purposes of recall. Failure on the part of the employee to provide this information may result in the employee forfeiting his/her recall rights. The employer agrees that recall notification will be by direct contact (including personal contact and telephone contact) or registered mail. Any employee failing to report for duty within sixty (60) hours, excluding Saturday and Sunday from the time of such notification, shall be considered to have resigned without notice LAYOFF AND RECALL BETWEEN DEPARTMENTS An employee who transfers to a different department and is subsequently laid off with no expectation of recall for sixty (60) days: May choose to return to his/her former classification in his/her original department. In this case, the employee would be reinstated with the seniority that the employee carried prior to making the transfer. An employee who has been laid off and wishes to be recalled under this Article must insure that the Employer has a current phone number and address for the purposes of recall. The Employer agrees that recall notification will be by direct contact (including personal contact and telephone contact) and registered mail. Any employee failing to report for duty within sixty (60) hours, excluding Saturday and Sunday, from the time of such notification shall be considered to have resigned without notice. This Article does not imply a guarantee of employment or a specific number of hours for an employee exercising his/her right to recall. ramadahosp.ca

26 ARTICLE 12 ADMINISTRATION WAGE RATES The minimum wage rates provided in the attached applicable appendix shall cover the job description and classifications of labour within the jurisdiction of the Union and shall remain in effect throughout the specified or extended term of this Agreement. All wage increases shall apply to all employees unless otherwise specified in this Agreement. Details of each employee s earnings shall be shown on the pay stub including separate listings for each Classification worked, straight time rates paid, overtime rates paid and hours worked in each Classification, vacation pay and Statutory Holiday pay COMBINED CLASSIFICATIONS Where an employee occupies a position which combines two (2) or more classifications of work (except as otherwise provided), he/she shall be paid at the rate of the highest classification provided he/she works in such higher classification for four (4) or more hours during any particular shift. But the Hotel may not, by virtue of this rule, evade the hiring of an employee in a higher classification where such employees in a higher classification would normally be hired according to the usages of the trade. If the employee works at the higher classification for less than four (4) hours, he/she shall then be paid the higher rates for the actual amount of time accordingly NEW CLASSIFICATIONS It is agreed that job classifications and wage rates not specifically set out in the attached appendix of this Agreement shall be included in the schedule by mutual consent of both parties to this Agreement. If unable to agree, either party may invoke the grievance procedure as defined in this Agreement PAYMENT OF WAGES UPON TERMINATION, LAYOFF OR RESIGNATION When an employee resigns, the Employer will pay all wages owing to the employee within six (6) calendar days of the date of his resignation. When an employee is laid off or his/her services are terminated, the Employer shall pay all wages owing to him/her within forty-eight (48) hours, exclusive of Saturdays, Sundays of holidays. ramadahosp.ca

27 When an employee is laid off, or his/her services are terminated, upon receipt of a written request form the employee the Employer will provide reasons for the layoff or termination ENTRY LEVEL WAGE RATES For the first six (6) calendar months of employment, an employee shall receive seventy-five percent (75%) of the contractual hourly wage rate for the classification in which he/she is working. Transfers or promotions within a Hotel will not necessitate the employee reverting to an entry level rate. Promotions or transfers within the corporation to another Hotel which are made at the request of the Employer will not necessitate the employee reverting to an entry level rate. Employees who are promoted or transferred within the corporation to another Hotel at the request of the employee will revert to an entry level rate ELECTION DAYS No wages shall be deducted for time lost on election days. The regular work schedule will prevail for Federal and Provincial elections ROOM ATTENDANT WORKLOAD AND DUTIES Where a Room Attendant presents a grievance to the Union on any matter pertaining to workload or content, the Employer of the individual Hotel where the grievance arose will meet with the Union to review and finalize the grievance setting out workload and content for his/her Hotel only STATUTORY HOLIDAYS ARTICLE 13 STATUTORY HOLIDAYS The following shall be considered Statutory Holidays: New Years Day Good Friday Victoria Day Canada Day B.C. Day One Floating Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day ramadahosp.ca

28 After one (1) year continuous service, the Floating Holiday will be taken at a time mutually agreeable to the employee and the Employer, payable at straight time for each hour the employee would normally have worked. Should Heritage Day, or any other day, be proclaimed as mandatory during the term of the Agreement, it shall be substituted for the Floating Holiday. An employee must provide at least seven (7) days notice in writing to Management when requesting a Floating Holiday. The Floating Holiday shall be paid at straight time for the time the employee was regularly scheduled, i.e., if an employee is scheduled for a six (6) hour shift on the date of his/her Floating Holiday, the employee would receive six (6) hours of pay at straight time rates STATUTORY HOLDIAY FALLING ON A DAY OFF In the event that an employee s day off falls on a Statutory Holiday, the employee shall receive his normal day s wages as calculated in Article PAYMENT FOR STATUTORY HOLIDAY Employees who are eligible for Statutory Holiday pay will receive a normal day s pay for the Statutory Holiday, whether or not they are scheduled to work on the Statutory Holiday. For purposes of this Article, a normal day s pay shall be understood to mean an employee s normal hourly earnings, exclusive of overtime, for the hours he/she has worked in the two (2) week period immediately preceding the week in which the Statutory Holiday occurs, divided by ten (10) to establish the hours to be paid for the Statutory Holiday. In the case of the calculation of a normal day s pay, for New Year s Day, Christmas Day and Boxing Day will be counted as time worked, on the basis of the hours that the employee was paid for those days. An employee who is scheduled by the Employer to work on a Statutory Holiday, shall be paid one and one-half (1-1/2) times his/her normal wage rate for any hours so worked, on all Statutory Holidays in addition to the payment provided for in above. An employee who works more than his/her regularly scheduled hours shall be paid double time and one-half (2-1/2) for all such additional hours worked ELIGIBILITY FOR STATUTORY HOLIDAY PAY To be eligible to receive pay for a Statutory Holiday, an employee must work his/her last regularly scheduled shift immediately prior to the holiday and his/her first regularly scheduled shift following the holiday. ramadahosp.ca

29 The eligibility requirements in Paragraph above will be waived by the Employer when the employee s absence from an eligibility shift has been approved by the Employer, or when the employee fails to satisfy the eligibility requirements only because of a bona fide sickness or accident. The employer is entitled to require a doctor s certificate as proof of such sickness or accident, and any abuse of this provision by an employee may be cause for discipline LOSS OF STATUTORY HOLIDAY PAY FOR FAILURE TO REPORT If an employee is scheduled to work on a paid holiday, but fails to report for work on the day of holiday, without reasonable cause, or without leave of the Employer, he/she shall not receive any pay for such holiday. The Employer is entitled to require the employee to substantiate the reasonable cause for his/her absence STATUTORY HOLIDAY DURING EMPLOYEE S VACATION Should any Statutory Holiday occur during an employee s vacation period, the formula in Article shall be applied to the two (2) week period immediately preceding the week in which the vacation commenced. The employee shall receive this amount in addition to vacation pay. The employee shall, in addition, receive an extra day off, either the working day preceding or the working day following the vacation period. Should a Statutory Holiday fall during the first week immediately following the end of an employee s vacation, the formula in Article will be applied to the two (2) week period immediately preceding the week in which the vacation commenced. Should a Statutory Holiday fall during the second week immediately following the end of an employee s vacation, the formula in Article will be applied to the first week immediately preceding the week in which the vacation commenced and the first week immediately following the end of the employee s vacation. ARTICLE 14 ANNUAL VACATION ANNUAL VACATION PAY: EMPLOYEES WITH LESS THAN ONE YEAR OF SERVICE Employees with less than one (1) year of completed service, will receive annual vacation pay in accordance with the provisions of applicable legislation. ramadahosp.ca