COLLECTIVE AGREEMENT
BETWEEN
CLARION LAKESIDE INN AND
CONFERENCE CENTRE
AND
UNITED FOOD & COMMERCIAL WORKERS
CANADA, LOCAL 175
Contents
ARTICLE 1 - PURPOSE OF AGREEMENT ... 1
ARTICLE 2 - RECOGNITION ... 1
ARTICLE 3 - DEFINITIONS ... 1
ARTICLE 4 - DEDUCTION OF UNION FEES ... 2
ARTICLE 5 - NO DISCRIMINATION ... 3
ARTICLE 6 - MANAGEMENT RIGHTS ... 3
ARTICLE 7 - NO STRIKE OR LOCK-OUT ... 3
ARTICLE 8 - UNION RIGHTS AND ACTIVITIES ... 4
ARTICLE 9 - GRIEVANCE PROCEDURE ... 5
ARTICLE 10 - ARBITRATION ... 6
ARTICLE 11 - PROBATIONARY PERIOD AND SENIORITY ... 7
ARTICLE 12 - JOB CLASSIFICATION AND WAGES ... 9
ARTICLE 13 - LEAVE OF ABSENCE ... 10
ARTICLE 14 - HOURS OF WORK ... 12
ARTICLE 15 - OVERTIME ... 14
ARTICLE 16 - HEALTH AND WELFARE PROGRAMS ... 15
ARTICLE 17 - VACATION ... 20
ARTICLE 18 - PAID HOLIDAYS ... 21
ARTICLE 19 - UNIFORMS ... 22
ARTICLE 20 - NOTICES ... 22
ARTICLE 21 - JOINT LABOUR MANAGEMENT ... 23
ARTICLE 22 - GENERAL ... 23
ARTICLE 23 - TERMINATION AND DURATION ... 24
LETTER OF UNDERSTANDING - #1 ... 28 LETTER OF UNDERSTANDING - #2 ... 29
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COLLECTIVE AGREEMENT
BETWEEN: CLARION LAKESIDE INN AND CONFERENCE CENTRE
(Hereinafter referred to as the "Employer")
AND: UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 AND LOCAL 633, (Thunder Bay, Ontario) (Hereinafter referred
to as the "Union")
ARTICLE 1 - PURPOSE OF AGREEMENT
1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and those employees represented by the Union.
ARTICLE 2 - RECOGNITION
2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Employer, save and except Hotel Manager, Assistant Hotel Manager, Department Manager, persons above the rank of Department Manager, Secretary and Office Bookkeeper.
2.02 In reference to Article 2, Clause 2.01, all parties will review Article 14, Clause 14.12 in connection with 2.01 above.
ARTICLE 3 - DEFINITIONS
3.01 "Employee" shall include only such persons coming within the scope of the bargaining unit described in Article 2.
3.02 For the purpose of interpretation of this Agreement, wherever the singular or masculine gender is used in this Agreement it shall be considered as if the plural or feminine has been used where the context of the Agreement so requires.
3.03 "Steward" is an employee elected by the Union members or appointed by the Union.
3.04 "Working Days" - the working days of the Employer.
3.05 A regular full-time employee shall be defined as an employee who regularly works more than twenty-four (24) hours per week.
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3.06 A regular part-time employee shall be defined as an employee who regularly works twenty-four (24) hours or less per week.
ARTICLE 4 - DEDUCTION OF UNION FEES
4.01 (a) Employees within the bargaining unit, prior to November 1st, 1987, who are not members of the Union may become and as a condition of employment, remain members of the Union in good standing.
(b) Employees within the bargaining unit prior to November 1st, 1987, who are members of the Union shall as a condition of employment, remain members of the Union in good standing.
(c) Employees within the bargaining unit, hired or rehired on or after November 1, 1987, shall as a condition of employment become and remain members of the Union in good standing.
4.02 (a) The Employer shall deduct from all employees within the bargaining unit, the amount of Union Dues as are authorized by the Union. The Union will advise the Employer, in writing, of the amount to deduct on a bi-weekly basis.
(b) The Employer shall deduct from all employees who become members of the Union, as outlined in 4.01 above, the amount of Initiation Fee as authorized by the Local Union. The Union will advise the Employer, in writing, of the amount to deduct.
(c) Such dues and/or fees, so deducted, shall be remitted to the Union by the 30th of the month following the month in which the deductions were made. The dues and/or fees shall be accompanied by a list showing the name, Social Insurance number, and the amount deducted from each employee or the reason why the deductions were not made.
(d) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current information: as known to the company.
(1) S.I.N.
(2) Employee number if applicable (3) Full name (Last, First, Initials)
(4) Full address, including City and Postal Code (5) Telephone number (including area code)
3 (6) Date of hire
(7) Rate of pay (8) Classification
(9) Full-time or part-time designation
(10) Union dues deducted (or reason a deduction was not made). If dues are deducted weekly, report requires five columns for reporting. (11) Total dues deducted
(12) Back dues owing
(13) Vacation pay breakdown for dues owing (14) Initiation fees deducted
(15) Total Initiation fees deducted
4.03 The Union Application form will be in a package with the employee’s first
pay. The employer will remit the filled applications to the Union with the Union dues remittance.
ARTICLE 5 - NO DISCRIMINATION
5.01 Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practised upon any employee by reason of race, colour, religious beliefs, national origin, sex, marital status, age, or union activity or non-activity.
ARTICLE 6 - MANAGEMENT RIGHTS
6.01 The right to hire, retire, promote, classify, lay off, recall, demote, transfer, assign, schedule, discharge or discipline for just cause or as otherwise provided in this Agreement to maintain order, discipline and efficiency, and to establish and enforce reasonable rules and regulations governing the conduct of the employees, is the exclusive function and responsibility of the Employer, subject to the terms and conditions of this Agreement. All matters concerning the operations of the Employer not specifically dealt with herein shall be reserved to the Employer and its exclusive right.
ARTICLE 7 - NO STRIKE OR LOCK-OUT
7.01 The Union agrees that there will be no strike, slow down, work stoppage, either complete or partial, or other interruption or interference with the operations of the Hotel during the term of this Agreement. The Union agrees that if any such action takes place it shall repudiate it forthwith and require the employee(s) to return to work. The Hotel agrees that there shall be no lock-out during the term of this Agreement.
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ARTICLE 8 - UNION RIGHTS AND ACTIVITIES
8.01 The Employer agrees to recognize the right of the Union to appoint or otherwise select not more than three (3) Stewards, whose duty it shall be to assist employees in presenting their grievances to the designated representatives of the Employer in accordance with the Grievance Procedure.
8.02 The Union shall notify the Employer as to the selection or removal of Stewards. The Employer shall notify the Union of any changes to the listing of the Management personnel.
8.03 (a) The Employer agrees to allow time off work, without loss of seniority, for a maximum of three (3) employees for the purpose of attending Union functions, such as Conventions, Seminars, etc., but the efficient operation of the hotel will dictate such allowance. The Union will give the Employer at least three (3) weeks’ notice, in writing, in regard to such request to attend Union functions. Provided it does not interfere with the efficient operation of the Employer’s business, permission to attend such functions shall not be unreasonably withheld.
(b) The Employer agrees to allow time off work, but without loss of seniority for a maximum of three (3) employees for the purpose of attending at negotiations.
The Employer shall pay fifty percent (50%) of the wages of the Negotiating Committee for all Negotiations, including conciliation, mediation and interest arbitration.
The Employer shall pay the cost of the meeting rooms for all negotiations, including conciliation, mediation and interest arbitration.
8.04 The Employer agrees to make space available to the Union on the Bulletin Board in the sign in room, provided the Hotel Manager initials his approval of each item prior to posting. Such approval is not to be unreasonably withheld.
The Employer will also provide two information booklets for the members. One in the sign-in room and one at the upstairs server’s station.
8.05 The authorized Union Representative shall be permitted after first receiving permission from the General Manager or Controller or his designate, which shall not be unreasonably withheld, to talk with any employee regarding Union grievances or matters between the Employer and that employee during regular working hours, but all interviews of employees by the Union Representative shall be carried on in a place in the Hotel provided for and designated by the Hotel. Time taken for such interviews in excess of ten (10) minutes shall not be on Employer time.
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8.06 The Employer agrees that when new employees are hired, within ten (10) days of their start date, they will be introduced to the Union Steward who will be allowed fifteen (15) minutes to provide and explain the contents of the Collective Agreement.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.01 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, shall be considered as a grievance.
9.02 If an employee who has completed his probationary period is of the opinion that he has been improperly dismissed, he may present his grievance, in writing, within the time limits set out in clause 9.03 commencing at Step Two of the Grievance Procedure.
9.03 Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within fifteen (15) calendar days following the event giving rise to such grievance or within ten (10) calendar days of the last day worked in the case of dismissal shall be forfeited and waived by the aggrieved party.
9.04 The procedure for adjustment of grievances and disputes shall be as follows:
STEP ONE: If an employee or the Union believes that he has a grievance
as defined in Clause 9.01, such employee alone or with the Union Steward may discuss his grievance with the General Manager or his designate within the time limits set out in Article 9.03.
STEP TWO: If the grievance is not settled by the General Manager or his
designate within eight (8) calendar days from its presentation at Step One, written notice of the grievance shall be sent to the Employer within the next seven (7) calendar days or not thereafter. In such case, the grievance shall state the clause, or clauses alleged to have been violated and shall be signed by the Grievor accompanied by a letter from the Union in which the Union may request a meeting. The General Manager or his designate may arrange a meeting with the Union Representative and the Grievor to discuss the merits of the grievance or he may answer the grievance, in writing, to the Union Representative and the Grievor. In either case, if a satisfactory settlement is not reached within fourteen (14) calendar days of the Step Two meeting, the grievance may be referred to Arbitration as set out in Article 10.
9.05 A complaint or grievance, arising directly between the Employer and the Union, which could not be grieved by an individual employee concerning the interpretation, application or alleged violation of the Collective Agreement may be originated under Step Two by either the Union or the
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Employer within fifteen (15) calendar days of the occurrence or the event giving rise to it.
9.06 The time limits set out above may be extended by mutual agreement in writing between the parties.
9.07 The Union Steward or in his absence another Union member in the Hotel, designated by the employee shall be present at any meeting when a bargaining unit member is disciplined or discharged.
The Employee shall have the right, of which he shall be reminded on each such occasion by the Union Representative, to ask such Union Representative to leave the room for part or all of the interview.
9.08 Discipline(s) which predate a disciplinary action by more than twenty-four (24) months shall not be addressed in evidence against an employee in any subsequent disciplinary proceeding in which the employee is involved and shall be removed from their file.
As of August 31, 2019, discipline(s) which predate a disciplinary action by more than eighteen (18) months shall not be addressed in evidence against an employee in any subsequent disciplinary proceeding in which the employee is involved and shall be removed from their file.
ARTICLE 10 - ARBITRATION
10.01 If the Union and Employer representatives cannot reach a satisfactory settlement of a grievance under Article 9, then upon request either party, the grievance shall be submitted to a Single Arbitrator.
10.02 If an agreement cannot be reached within seven (7) calendar days in respect to the appointment of a Single Arbitrator, the matter shall be referred to the Minister of Labour for the Province of Ontario who shall appoint one. No person involved directly in the controversy under consideration shall be an Arbitrator.
10.03 The Single Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and may make such independent investigation that it deems essential to a full understanding in determination of the issues involved. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement.
10.04 The Single Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend or involve an issue of contention by either party which is contrary to any provisions of this Agreement or which involves the determination of a subject matter not covered by or arising during the term of this Agreement.
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10.05 The decision of the Arbitrator on all questions shall be final and binding on all parties.
10.06 It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article.
10.07 All expenses of the Arbitration, other than the party’ nominees, shall be
borne equally by the parties to the Arbitration.
10.08 Arbitrations shall be heard at Kenora, Ontario or at such other places as may be agreed upon by the Union and the Employer.
ARTICLE 11 - PROBATIONARY PERIOD AND SENIORITY
11.01 Seniority shall be defined as length of continuous employment in the bargaining unit.
11.02 New full-time employees shall be on probation for the longer of three (3) months or forty-five (45) shifts. New part-time employees shall be on probation for the longer of three (3) months or two hundred and fifty hours (250) worked. Probationary employees may be discharged at the discretion of the Employer within the above time limit and said employees shall have no recourse to the grievance and arbitration sections of this Agreement.
11.03 The Employer agrees to supply the Union with an updated seniority list during the months of January and July of each year and the current seniority, one (1) list for full-time employees and one (1) list for part-time employees that will be posted on the Bulletin Board.
11.04 (a) Job vacancies which the Employer intends to fill shall be posted on the staff Bulletin Board for a period of seven (7) calendar days, a copy be sent to the Union. The successful applicant shall be awarded the job vacancy within fourteen (14) calendar days of the posting.
(b) The Employer and the Union agree that in the case of job vacancies and promotions (other than promotions to positions outside of the bargaining unit) the following factors shall be considered:
(i) qualifications including skill, ability and educational requirements when applicable;
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The Union and the Employer agree that where factor (i) is relatively equal, factor (ii) will govern. The Employer shall be the sole judge of the qualifications in factor (i), provided however, the Employer shall not exercise its discretion in an arbitrary, capricious or discriminatory manner.
(c) The successful applicant shall be placed on a trial period of three (3) months, such trial promotion shall become permanent after the period of three (3) months. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, or if the employee finds himself unable to perform the duties of the new job classification, he shall be returned to his former position without loss of seniority and wage and salary of the former position.
(d) It is agreed that employees absent due to vacation, lay-off, and paid or unpaid leaves of absence shall be considered for the posted job vacancy provided the employees have informed the Employer, in writing, of their desire to transfer to another position within the Hotel.
11.05 It is understood that it is the employee’s responsibility to keep management
aware of any additional qualifications and desire to transfer to another position within the Hotel.
11.06 Seniority shall be the governing factor in matters of demotion, layoff and work shortage and rehire after layoff, provided the employee has the ability and qualifications to perform the job, upon request of the employee, the Employer shall consider and schedule employees who have minimal hours in slow periods of business, to allow for the filing of a U.I.C. claim. Such employee shall be issued a Record of Employment after seven (7) consecutive days without work.
It is understood that should the above be necessary, probationary employees should be laid-off first, part-time employees second and full-time employees last.
It is further understood that the last employee laid off shall be first to be recalled.
The rights of laid-off employees are restricted to the right of recall only and such rights shall be forfeited and employment terminated if laid off for more than twelve (12) months.
11.07 The Employer agrees that seniority will be the deciding factor in the selection and scheduling of vacation periods, provided it will not interfere with the proper operation of the Hotel.
11.08 Seniority of an employee shall be considered broken and all rights forfeited when an employee:
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(b) is discharged and not reinstated through the grievance and arbitration procedure of this Agreement,
(c) fails to report back to work within seven (7) calendar days of the time of being recalled after lay-off. Seven (7) calendar days may be extended by mutual agreement, in writing, between the Employer and/or employee or the Union, if the employee concerned is not able to return to work, due to sickness or accident provided a medical certificate is provided. Recall from lay-off will be sent by registered mail to the employees last known address. It is the employee’s responsibility to keep the Employer informed of any change of address,
(d) is absent from work without a written leave of absence authorized by the Employer, or fails to return to work on the completion of an authorized leave of absence, for more than three (3) consecutive days or five (5) days in total in a calendar year, unless a satisfactory reason is given to the Employer.
11.09 The Employer shall give employees one (1) weeks written notice in case of lay-off if for more than three (3) days.
Whenever the Employer finds it necessary to terminate the employment of an employee covered by this Agreement it agrees to give written notice or pay in lieu of notice as set out in the Employment Standards Act for the Province of Ontario, however, the Employer shall not be obligated to give any notice whatsoever or pay in lieu thereof to any employee terminated for just cause.
ARTICLE 12 - JOB CLASSIFICATION AND WAGES
12.01 Job classifications are set out in Schedule "A" of this Agreement.
12.02 The minimum hourly rates of wages for all employees coming under this Agreement, shall be as Schedule "A" of this Agreement, provided that where an individual's wages are higher, such rate of wages shall not be reduced by reason of this Agreement. The rates of pay provided in Schedule "A" are minimum rates and apply to the job classification and not the individual.
12.03 An employee transferred to another classification, at his request, shall be paid the hourly rate contained in the wage progression of the new classification that is identical to his existing wage rate. In the event his existing hourly rate is not contained in the wage progression of the new classification, he shall be paid the next highest rate outlined in the new classification. If there is no identical wage rate or no higher rate than the Employee shall receive the wage rate in the new classification consistent
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12.04 Employees who are assigned to perform work in a higher paid classification, will be paid the rate of pay next highest to their rate in that classification.
12.05 Employees assigned to perform work in a lower classification shall not suffer a reduction in pay.
12.06 Reclassification
Except during the months of May, June, July and August, any regular part-time employee (except an employee fulfilling a temporary vacancy) who works in excess of thirty-two (32) hours per week for eight (8) consecutive weeks will be reclassified as a full-time employee.
12.07 Temporary Vacancies
Part-time employees shall have the right to bid on temporary vacancies in the full-time bargaining unit.
A temporary vacancy is a vacancy created by an employee’s absence due to maternity/parental leave, compensable or non-compensate illness or injury, or any other leave of absence expected to exceed four (4) weeks. Part-time employees performing duties in the full-time unit will maintain their part-time status and upon completion of the assignment will return to their former position. However, after six (6) months, if the full-time employee is still absent, the part-time relief shall be reclassified to full time status until the return of the absent full-time employee.
12.08 Where a new job is established, or where existing job duties are changed or the volume of work increased, or where an employee is incorrectly classified, the appropriate classifications, job descriptions, rates of pay, and other related matters shall be negotiated between the Employer and the Union within sixty (60) days. Failing agreement, the dispute may be the subject of a grievance and may be referred to arbitration. The Arbitrator shall have power to determine appropriate classifications, job descriptions, wage rates, and other related matters in issue effective as of the date the jobs were changed or new jobs established.
ARTICLE 13 - LEAVE OF ABSENCE 13.01 Voluntary Leave
The Employer may grant an absence without pay or loss of seniority if an employee requests it, in writing, from management and if the leave is for good reason and does not unreasonably interfere with the efficient operation of the Hotel.
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13.02 Maternity Leave
Pregnancy Leave will be granted in accordance with the Employment Standards Act, provided that in cases of physical complications, certified by a duly qualified medical practitioner the employee upon request shall be granted an extension of her leave of absence up to but not exceeding an additional twelve (12) weeks.
Parental Leave
Parental Leave shall be granted in accordance with the Employment Standards Act.
13.03 Bereavement Pay
In the case of a death of an employee's parent, child, spouse, brother or sister, mother or father-in-law, brother or sister-in-law, grandchild, and grandparent, they shall be granted up to four (4) continuous days leave of absence without loss of pay, provided the employee is scheduled to work. He shall be paid for any hours in the four (4) day period that he would otherwise have worked commencing with the day of the death.
Additional leave of absence may be granted without pay upon request of an employee and shall not be unreasonably withheld up to a maximum of sixty (60) days.
In the event of a delayed interment or ceremony for reason of religion or other protected grounds under the Ontario Human Rights Code, an employee may save one of the days identified above without loss of pay to attend the interment or ceremony.
13.04 (a) Court Appearance
When an employee is required by the Employer to appear in court as a witness in any case directly affecting the Employer, the employee shall be paid the difference between the fee received from the Crown and the employee's regular wages.
(b) Jury Duty
When an employee is required to serve on a Jury, he shall be relieved of his duties for such time as it may require. He shall be paid the difference between the fee as a Juror and his earnings for the lost time. This does not apply if the employee is excused from Jury Duty for the rest of the day or days and fails to report back to work, if same is reasonable under the circumstances (three (3) hours or more).
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ARTICLE 14 - HOURS OF WORK
14.01 The basic work week for full-time employees shall be over thirty-two (32) hours per week. The basic work week for part-time employees shall be less than thirty-two (32) hours per week.
It is understood that this does not constitute a guarantee of hours of work per day or per week.
Weekend Schedule
The Employer will make reasonable efforts to employees being scheduled off for a Saturday/Sunday or Sunday/Monday combination once per month. Should issues arise from the weekend schedule, the Company and the Union will meet to discuss.
14.02 (a) (1) The Employer shall post a weekly schedule for all employees, in ink, no later than Friday noon in each week for the following week at designated locations determined by the Management of the Hotel. If the new schedule is not posted by Friday noon, then the schedule already posted shall apply for the following week. The Employer has the right to call in other employees not previously scheduled to work if required by the business. The calling is subject to Article 14.02 (b). The Weekly Schedule shall be from Monday to Sunday. (2) The schedule of employees may be changed by the Employer
without notice in the event of an unscheduled absence of employees or in the event of emergencies, such as a snow storm, flood, breakdown of machinery, or other instances of force majeure. In all other cases, at least forty-eight (48) hours’ notice of change must be given, or three (3) hours additional pay in lieu of notice.
(3) In the event that an employee finds himself unable to work his scheduled shift due to illness, he will notify his supervisor or management on duty as far in advance as possible prior to commencement of the shift. But in any event, not less than 2 hours before the scheduled start of the shift.
(b) Employees shall be scheduled as follows:
(1) First, to full-time employees, by seniority, in each classification to a maximum of eight (8) hours per day and a maximum of forty (40) hours per week, then;
(2) Part-time employees, by seniority, in each classification to a maximum of eight (8) hours per day and a maximum of thirty-two (32) hours per week, then;
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(3) Hours of work that become available due to employees not reporting for work as scheduled in (1) and (2) above, and additional hours of work required by the Employer, shall if required, be offered to employees in accordance with (1) and (2) above.
(c) Unless fitness and ability are greater than other employees involved in the Hotel, preference in available hours shall be given to senior employees, within the Hotel, insofar as this is consistent with their availability and willingness to perform the work. If a senior employee refuses to work a shift scheduled by the Company, the Company may at its discretion give the next employee in line of seniority, the available hours. If the employee is not available for the full shift, he may not claim any portion thereof and, to be available shall mean the employee is available on a regular basis. It is the employee's responsibility to inform Management if he is not available prior to the work schedule being posted for that week.
14.03 Employees must sign in and out of their scheduled shift and Management agrees to assume to fulfil its responsibility in seeing that all employees are compensated for all time worked.
14.04 All employees scheduled and who report for work shall if required to work less than three (3) hours receive three (3) hours pay at the regular hourly rate.
14.05 Meal Periods
Employees shall be given a 50% discount for any meal items on the regular menu (except seafood items) under $15.00. All items over $15.00 shall be paid for by the employee at full costs to the employee. Seafood items will not be offered for sale to employees due to the preparation times involved. The Company will look into the feasibility of an employee lunch room in the pool area, assuming there are no health concerns, the Company will implement this location for the use of employees on their breaks. It is understood no large expense will be undertaken to obtain such a location. It is also understood breaks and lunch breaks will not be taken in any other location.
14.06 A meal period without pay for employees working a daily shift of five (5) hours or more shall be of thirty (30) minutes uninterrupted duration, and shall start not earlier than two and one-half (2½) hours nor later than four and one-half (4½) hours after the commencement of the employees shift. Time at which such meal periods are taken shall be reasonably scheduled by Management.
14 Rest Periods
The Employer shall grant uninterrupted rest periods with pay to employees on the following basis:
(1) Employees scheduled five (5) hours or less - one (1) fifteen (15) minute rest period.
(2) Employees scheduled more than five (5) hours - two (2) fifteen (15) minute rest periods.
Rest periods for all employees shall not start until one (1) hour after the commencement of work or less than one (1) hour before either the meal period or the end of the shift and shall not be combined with the meal period. A rest period scheduled by the Employer shall be fifteen (15) minutes.
14.07 Should an employee find it necessary to switch shifts with another employee, such may only be done with prior approval of management, and management shall not be responsible for overtime payment.
14.08 The parties agree that where the Employer requires compulsory attendance at any of its meetings, an employee shall be paid their applicable wage rate during time spent in such meetings.
14.09 In the weekly scheduling of hours for full-time employees, it is understood that if forty (40) hours per week are not available, the employee may request additional hours in other classifications by advising the appropriate Department Head that they are available.
14.10 Senior employees shall be given their preference of available shifts on a given day within their classification taking into account the efficient operation of the Employer's business.
14.11 When scheduling or honouring requests for days off, the Employer agrees to schedule in a fair and consistent manner, taking into account the efficient operation of the Employer's business.
14.12 Persons excluded from the bargaining unit shall not perform bargaining unit work, except when bargaining unit employees are not available to perform the work, or when there is not enough business to justify calling in or scheduling an employee.
ARTICLE 15 - OVERTIME
15.01 Overtime at the rate of time and one-half (1½) the employee's regular hourly rate shall be paid for all hours worked or paid in excess of:
15 (a) Eight (8) hours in a day (b) Forty (40) hours in a week
Except for employees who are regularly scheduled for 10 hour shifts in the Bar and Lounge in which case overtime will be paid in excess of:
(a) 10 hours in a day (b) 40 hours in a week
It is agreed that employees shall not be required to work in excess of five (5) shifts per week.
It is further agreed that for the purpose of Section 15.01 (i), a day shall end at 2400 hours.
Time necessary (not exceeding one-quarter (¼) hour per day) to finish assigned work on a regular basis shall be deemed a "tag end" and shall not be counted as overtime. If such "tag end" time exceeds one-quarter (¼) hour, payment at time and one-half (1½) shall be made for the entire period in excess of eight (8) hours.
Excluding probationary employees, tag time totally exceeding one (1) hour per week shall be paid at time and one-half (1½) for the entire tag time period that week.
15.02 All overtime must be authorized by management or someone designated by management.
15.03 Overtime shall be by mutual consent and shall be offered to the most senior employee on shift provided the employee has the ability and qualifications to perform the work of the required overtime. If the senior employee does not wish to accept the overtime, then the management will ask the next on shift employee in line of seniority (ability and qualifications sufficient) to perform the required overtime.
If Management is unable to secure an employee for the required overtime, the most junior qualified on shift employee will be assigned the job function.
ARTICLE 16 - HEALTH AND WELFARE PROGRAMS 16.01 Sick Leave
(a) Upon completion of the probationary period, full-time employees who are scheduled to work in excess of thirty-two (32) hours in a week shall accumulate sick leave credits at the rate of 1.25 hours per week of continuous employment to a maximum of thirty (30) hours per
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year. The unused portion of sick leave shall be paid out on August 1st of each calendar year. Sick leave credits are not cumulative from
year to year.
(b) The Employer may require an employee to provide a Doctor's certificate verifying any absences due to disability and sickness, if the Employer has reasonable ground to suspect absence. In order for the employee to collect sick benefits such certificate will be requested prior to the employee's return to work, but will not prevent the employee from returning to work.
(c) Sick leave credits will cease on termination of employment or on reaching normal retirement age or death.
(d) Should an employee become ill preceding his scheduled vacation should such illness continue into what would have been his vacation, all such time shall be considered sick leave and the vacation may at the option of the employee be rescheduled at a later date.
(e) An employee will not be entitled to sick leave when: (i) absent on a maternity/parental leave of absence, (ii) during a period of lay-off or leave of absence
without pay, (iii) during a vacation period,
(iv) while absent due to injury, compensable under the Worker's Compensation Act.
(f) Any employee injured at any time during his shift and unable to complete his shift, due to injury shall receive his full pay for that shift, reduced by any amount received from Worker's Compensation.
16.02 HEALTH AND SAFETY
(a) The Union and the Employer shall co-operate in continuing and perfecting regulations which will afford adequate protection to employees in the bargaining unit.
(b) The Safety and Health Committee shall be comprised of two (2) representatives appointed by the Employer and two (2) representatives appointed by the Union.
(c) The Safety and Health Committee shall hold meetings as requested by the Union or the Employer, and all unsafe hazardous or dangerous conditions shall be taken up and dealt with at such meeting. Minutes of the Committee shall be kept and copies of such
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minutes shall be sent to the Employer and the Union.
(d) Roles and Responsibilities
The Employer shall make all reasonable provisions for the occupational safety and health of its employees during the hours of their employment. Protective devices on machinery and other devices deemed necessary to properly protect employees from injury shall be provided by the Employer. It is the responsibility of all employees to wear safety equipment which is supplied, to observe safe working practices and to report unsafe conditions to the Employer. All rights and privileges established under the laws for the Province of Ontario in respect to health & safety shall form part of this Agreement.
16.03 CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN
Present employees – Full time and part time as presently in the Current Agreement and no change in the $0.30 per hour except as provided below: (a) The Employer agrees to participate in and contribute to the Canadian
Commercial Workers Industry Pension Plan.
(b) Effective March 1, 2016, the Employer agrees to contribute to the Canadian Commercial Workers Industry Pension Plan, fifty cents ($0.50) per hour for all hours paid by the Employer to members of the bargaining unit to a maximum of forty (40) hours per week. (c) Contributions, along with a list of employees for whom they have
been made, the amount of the weekly contributions for each employee and the number of hours paid to each employee, shall be forwarded by the Employer to the Canadian Commercial Workers Industry Pension Plan within twenty-one (21) days after the close of the Employer's four (4) or five (5) week accounting period.
(d) Effective March 1st, 2007 date of the New Agreement for all future
part-time employees, the Employer agrees to contribute to the Canadian Commercial Workers Industry Pension Plan twenty-five ($0.25) cents per hour for all hours paid to part-time employees of the bargaining with over 3000 hours, to a maximum of forty (40) hours per week.
Effective September 1, 2016, contributions will be fifty cents ($0.50) for all hours paid by the Employer to part-time employees of the bargaining unit with over 2000 hours, to a maximum of forty (40) hours per week.
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(e) Employee Contributions are as follows: 0-1.99 years of service 0.00¢ 2-7.99 years of service 0.18¢ 8 + years of service 0.33¢
16.04 UNITED FOOD & COMMERCIAL WORKERS GROUP INSURANCE
PLAN
(a) Effective September 1, 2016, the Employer shall adhere to the United Food & Commercial Workers Benefit Trust Fund, and contribute to the Fund of the Plan an amount equal to seven point five percent (7.5%) of gross insured monthly earnings and all applicable taxes for all eligible employees having completed three (3) months of continuous employment.
(b) All such employees must adhere to the Plan and contribute to the Fund by means of bi-weekly salary deductions in an amount equal to five (5%) percent of their respective gross ensured bi-weekly earnings or any other reasonable basis of contribution determined by the Board of Trustees of the Plan. The Employer agrees to sign a Participation Agreement. The Employer agrees to pay all applicable taxes.
(c) It is understood that the Banquet classification employees (except those employees temporarily assigned to perform work in such classification) and students under age eighteen (18) are excluded from this benefit (U.F.C.W. Benefit Trust Fund).
(d) After March 25, 2008, for all future part-time employees, the Employer agrees to contribute to the Fund of the Plan an amount equal to six (6%) percent of the gross insured monthly earnings for all part-time employees of the bargaining unit with over 2500 hours, to a maximum of forty (40) hours per week.
(e) Any particular benefit that is provided at a particular time does not guarantee that such benefit will continue to be provided. The Trustees strive to provide the best plan affordable and at their discretion have the authority to change the benefits offered as necessary.
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16.05 UNITED FOOD & COMMERCIAL WORKERS TRUSTEED DENTAL
PLAN ONTARIO
Present employees – Full time and part time as presently in the Current Agreement and no change in the $0.39 per hour, unless otherwise stated below:
(a) Effective August 31, 2011, the Employer shall contribute to the United Food & Commercial Workers Trusteed Dental Plan Ontario, thirty-nine (.39¢) cents per hour for all hours worked or paid to a maximum of forty (40) hours per week on behalf of all employees in the bargaining unit except employees in the Banquet classification (except for those employees temporarily assigned to such classification) and students under eighteen (18).
(b) The Employer shall sign the entry forms for the United Food & Commercial Workers Trusteed Dental Plan Ontario and shall remit its contributions to the Plan within thirty (30) days following the completion of the Employer's four (4) or five (5) week accounting period.
(c) After March 25, 2008 for all future part-time employees, the Employer agrees to contribute to the United Food & Commercial Workers Trusteed Dental Plan Ontario the agreed amounts above for all part-time employees of the bargaining unit with over 2500 hours, to a maximum of forty (40) hours per week.
(d) The Employer agrees to sign the “Participation Agreement” as prepared by the Trustees of the United Food & Commercial Workers Trusteed Dental Plan Ontario and supply or sign any other documents, forms, reports, or information required by the Trustees of the United Food & Commercial Workers Trusteed Dental Plan Ontario, and shall forward all contributions together with a list of the employees and the number of hours worked by each employee in each reporting period within fifteen (15) days of the end of the close of the Employer’s four (4) or five (5) week accounting period.
16.06 It is agreed that employee benefits contained in Article 16.05 of the Collective Agreement, shall be one hundred (100%) percent Employer paid (Employer and employee) to the maximum cost outlined in the Collective Agreement as follows:
Regular Leave of Absence
Employer paid to the end of the policy month next following the policy month in which the employee ceased to be actively employed.
20 Maternity Leave of Absence
Employer paid for the full period of maternity leave. Non-Occupational Illness or Accident
Employer paid to the end of the third (3rd) policy month following the policy month in which the employee ceased to be actively employed.
Occupational Illness or Accident Employer paid as outlined below.
- Employees with five (5) or more years of seniority - for a period of two (2) years from the date the employee ceased to be actively employed.
- Employees with four (4) years but less than five (5) years seniority - eighteen (18) months Employer paid.
- Employees with three (3) years but less than four (4) years seniority - twelve (12) months Employer paid.
- Employees with two (2) or less years seniority - six (6) months Employer paid.
ARTICLE 17 - VACATION
17.01 For the purpose of calculating the amount of vacation earned, the vacation year shall be regarded as being January 1st to December 31st.
17.02 Upon completion of one (1) year employment, an employee is entitled to two (2) weeks vacation.
17.03 Upon completion of five (5) years employment as of July 1, an employee is entitled to three (3) weeks vacation.
17.04 Upon completion of nine (9) years employment as of July 1, an employee is entitled to four (4) weeks vacation.
17.05 Upon completion of fifteen (15) years of employment as of July 1, an employee is entitled to five (5) weeks' vacation.
17.06 Upon completion of 20 years of service as of July 1, an employee shall qualify to the following:
21 Year 20 - 5 weeks vacation
Year 21 - 5 weeks vacation + 1 additional day vacation Year 22 - 5 weeks vacation + 2 additional days vacation Year 23 - 5 weeks vacation + 3 additional days vacation Year 24 - 5 weeks vacation + 4 additional days vacation Year 25 - 5 weeks vacation + 5 additional days vacation
17.07 Vacation pay shall be calculated on the following basis:
Two (2%) percent for each week of vacation entitlement.
17.08 A Vacation Planner for the period between June 1st and May 31st shall be posted in the Staff Room by April 1 of each year. Employees shall indicate their preference of vacation time no later than April 30 of each year. After April 30th, vacation shall be approved on a first come basis and not by
seniority.
Vacation shall be scheduled within each department on the basis of seniority taking into account the efficient operation of the Employer's business.
The finalized vacation schedule shall be posted in the General Manager's office, with a copy on the Bulletin Board in the staff lunch room by May 15 of each year and thereafter, vacation time shall not be changed unless otherwise mutually agreed between the Employer and the employee affected.
17.09 Accumulated vacation pay shall be paid, upon request, two (2) weeks prior to vacation or will be paid out the Payroll prior to Christmas.
ARTICLE 18 - PAID HOLIDAYS
18.01 The following will be recognized as paid holidays for employees: New Year's Day Good Friday
Victoria Day Dominion Day Labour Day Thanksgiving Day Christmas Day Boxing Day
Civic Holiday Family Day
The Employer agrees to pay 1½ times the full time and part time employees’ regular rate of pay for all hours worked between 12:00 a.m. and 11:59 p.m. of the actual statutory holiday.
18.02 All non-probationary employees shall receive payment for the holidays, set out in Article 18.01, based on their current hourly rate of pay times one-fifth (1/5) of their average weekly hours, worked or paid, during the four (4)
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weeks immediately preceding the week in which the holiday is observed, provided:
(a) they have worked or been paid a minimum of ten (10) shifts in the preceding four (4) week period.
(b) they have not been absent from work on the scheduled work day prior to or following such holiday unless their absence is due to a verifiable illness.
(c) that having agreed to work on the Statutory Holiday, they report for work and work their scheduled hours unless their absence is due to a verifiable illness.
18.03 Employees working on a Paid Holiday, other than Christmas Day, shall receive one and one-half (1½) times their regular hourly rate for all time worked.
With respect to Christmas Day, employees shall be paid two (2) times their regular hourly rate.
ARTICLE 19 - UNIFORMS
19.01 The Employer agrees that all employees required to wear uniforms will be supplied with two (2) uniforms by the Employer at no cost to the employee, and new uniforms issued as needed due to wear and tear or unforeseen circumstances.
Misuse of the uniform will not be deemed normal wear and tear or unforeseen circumstances.
19.02 The employer will make available (in the maintenance department storage area), for use by employees, winter jackets and rain jackets that may be utilized by employees asked to perform assigned work outside.
19.03 Effective September 1, 2014, new employees will be required to provide the Company with a deposit for the uniform provided which includes clothing and a name badge. This deposit shall be fifty ($50.00) dollars and shall be deducted from their first two pay checks. After the completion of their probationary period the Company will refund twenty-five ($25.00) dollars to the employee. In the event the employee resigns or is terminated from their employment the Company will refund whatever remaining deposit is left.
Uniforms which are provided shall remain the property of the Company.
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20.01 Any notice required or contemplated by any provision hereof, shall be given, in writing, mailed by a prepaid registered mail addressed as follows:
TO THE EMPLOYER: Clarion Lakeside Inn and Conference Centre 470 First Avenue S.,
Kenora, Ontario P9N 1W5
TO THE UNION: U.F.C.W. Local 175
Unit 206A
1000 Fort William Road
Thunder Bay, Ontario P7B 6B9
ARTICLE 21 - JOINT LABOUR MANAGEMENT
21.01 Union Management meetings shall occur between the Union Stewards and two (2) members of Management. The Meetings will be held every other month. An agenda of items will be given to the parties the week prior to the meeting. Mutually agreeable dates will be set by the parties.
ARTICLE 22 - GENERAL
22.01 The Company will provide proper communication devices to employees who require them in the hotel.
22.02 The Company agrees to provide a space in the dining area and the front desk aside for the bulletin board for the purpose of the Union posting meeting notices only.
22.03 The Company will allow payroll deduction if any employee chooses to contribute to the UFCW Charity Fund (Leukemia). Any canvassing will be done by the Union Representative or a designate.
22.04 Pay Equity Act
The Company agrees to fulfil its obligation under the pay equity act and will include and assist the Union to fulfil its obligation under the pay equity act in regards to the Lakeside Inn.
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ARTICLE 23 - TERMINATION AND DURATION
23.01 This Agreement shall become effective on the 1st day of September, 2020,
and shall remain in full force and effect until the 31st day of August, 2022,
and from year to year thereafter unless written notice of intention to terminate or amend this Agreement is given, by either party to the other, not more than ninety (90) days and not less than thirty (30) days before the expiry date of this Agreement.
23.02 All negotiations for amendment or renewal of this Agreement shall be made in accordance with the terms of the Ontario Labour Relations Act, R.S.O. 1970 Chapter 232, and any amendments thereto.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
this day of , 2020.
FOR THE EMPLOYER: FOR THE UNION:
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APPENDIX "A"
RATES OF PAY
FULL TIME EFFECTIVE START 3 MONTHS 6 MONTHS 12 MONTHS 18 MONTHS
PART TIME EFFECTIVE 0-500
HOURS 501-1000 HOURS 1001-2000 HOURS 2001-3000 HOURS OVER 3000 HOURS Front Desk Clerk Jan 1/19-Aug 31/20 MW+0.75 MW+0.75 MW+0.80 MW+0.90 MW+1.20 September 1, 2020 September 1, 2021
Porters Jan 1/19-Aug 31/20 MW+0.20 MW+0.20 MW+0.30 MW+0.40 MW+0.65 September 1, 2020 September 1, 2021 Night Audit/ Security Jan 1/19-Aug 31/20 MW+0.75 MW+0.75 MW+0.75 MW+0.90 MW+1.20 September 1, 2020 September 1, 2021
Maintenance Jan 1/19-Aug 31/20 MW+1.00 MW+1.00 MW+1.40 MW+1.50 MW+1.85 September 1, 2020
September 1, 2021
Housekeeping Jan 1/19-Aug 31/20 MW+0.50 MW+0.60 MW+0.70 MW+0.80 MW+1.05
September 1, 2020 September 1, 2021 Dining Room / Banquet Server Jan 1/19-Aug 31/20 LSMW LSMW LSMW LSMW+0.10 LSMW+0.30 September 1, 2020 September 1, 2021 Dining Rm Hostess / Busser Jan 1/19-Aug 31/20 LSMW LSMW LSMW LSMW+0.20 LSMW+0.30 September 1, 2020 September 1, 2021
26 Lounge, Bar Person / Server Jan 1/19-Aug 31/20 LSMW LSMW LSMW+0.20 LSMW+0.20 LSMW+0.40 00 September 1, 2020 September 1, 2021
PART TIME EFFECTIVE 0-500
HOURS 501-1000 HOURS 1001-2000 HOURS 2001-3000 HOURS OVER 3000 HOURS Banquet Bartender Jan 1/19-Aug 31/20 LSMW LSMW LSMW LSMW+0.20 LSMW+0.30 0 September 1, 2020 September 1, 2021
Line Cook with Credentials (sole opinion of Exec. Chef) Jan 1/19-Aug 31/20 MW+2.50 MW+2.50 MW+2.75 MW+3.00 MW+3.25 September 1, 2020 September 1, 2021
Line Cook Jan 1/19-Aug 31/20 MW+1.00 MW+1.15 MW+1.30 MW+1.50 MW+2.20 September 1, 2020 September 1, 2021 Banquet Cook Jan 1/19-Aug 31/20 MW+.0.25 MW+0.25 MW+0.50 MW+1.00 MW+1.35 September 1, 2020 September 1, 2021
Prep Cook Jan 1/19-Aug 31/20 MW+.0.25 MW+0.25 MW+0.50 MW+0.50 MW+0.60 September 1, 2020
September 1, 2021
Dishwasher Jan 1/19-Aug 31/20 MW+.0.10 MW+0.10 MW+0.50 MW+0.60 MW+0.80 September 1, 2020 September 1, 2021 Students under 18 yrs Jan 1/19-Aug 31/20 SMW SMW SMW SMW SMW September 1, 2020 September 1, 2021
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Department Manager while they are not on the premises shall receive a Premium of seventy-five (75¢) cents per hour over and above their regular rate.
NOTE: At date of ratification all present employees will adhere to the progression scale of 3 months to 18 months.
All employees hired after date of ratification will follow the progression scale listed above.
NOTE: All employees currently employed at date of ratification will maintain their status in the benefit programs.
All part-time employees hired after date of ratification will not be eligible to participate in the benefit programs until they have completed 4000 hours of service.
NOTE: Premium Night Shift position – seventy-five (.75¢) cent premium (majority of the shift has to be between 12:00am to 5:00am).
NOTE: If there is a minimum wage increase to $15.00 per hour on January 1st,
2019, or there about, then use third row for January 1st, 2019 to August 31st,
2020.
NOTE: If there is no minimum wage increase to $15.00 per hour on January 1st,
2019, or there about, wage will increase as follows:
o January 1st, 2019 to December 31st, 2019 – increase of 2.0%
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LETTER OF UNDERSTANDING - #1
BETWEEN: CLARION LAKESIDE INN AND CONFERENCE CENTRE
(Hereinafter referred to as the "Employer")
AND: UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 AND LOCAL 633, (Thunder Bay, Ontario) (Hereinafter referred
to as the "Union")
The Company will comply with Governmental minimum wage increases as they become legislated. When minimum wage increase become law, the parties will meet to ensure wages are applied to grid appropriately.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
this day of , 2020.
FOR THE EMPLOYER: FOR THE UNION:
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LETTER OF UNDERSTANDING - #2
BETWEEN: CLARION LAKESIDE INN AND CONFERENCE CENTRE
(Hereinafter referred to as the "Employer")
AND: UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 AND LOCAL 633, (Thunder Bay, Ontario) (Hereinafter referred
to as the "Union")
Neither party shall raise or proceed with a timeliness issue argument regarding “filing for arbitration” without first giving the other party written prior notice of its intent to do so.
Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting “filing for arbitration” shall then be triggered.
The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
this day of , 2020.
FOR THE EMPLOYER: FOR THE UNION:
