COLLECTIVE AGREEMENT

BETWEEN

THE HOSPITALITY & SERVICE TRADES UNION, LOCAL 261

AND

MINTO ONE80FIVE

EFFECTIVE: MAY 15, 2016 EXPIRES: MAY 14, 2019

TABLE OF CONTENTS

ARTICLE ONE ................................................................................................................................................ 4

PURPOSE OF AGREEMENT .............................................................................................................................. 4

ARTICLE TWO .............................................................................................................................................. 4

RECOGNITION ................................................................................................................................................ 4

ARTICLE THREE .......................................................................................................................................... S

UNION SECURITY ........................................................................................................................................... 5

ARTICLE FOUR ............................................................................................................................................. 6

MANAGEMENT RIGHTS .................................................................................................................................. 6

ARTICLE FIVE ............................................................................................................................................... 7

NO STRIKES I NO LOCK-OUTS ......................................................................................................................... 7

ARTICLE SIX .................................................................................................................................................. 7

RELATIONSHIP ............................................................................................................................................... 7

ARTICLE SEVEN ........................................................................................................................................... 8

REPRESENTATION .................................... ....................................................................... , .............................. 8

ARTICLE EIGHT ........................................................................................................................................... 9

GRIEVANCE PROCEDURE ............................................................................................................................... 9

ARTICLE NINE ............................................................................................................................................. 10

COMPANY AND UNION GRIEVANCES ............................................................................................................ 10

ARTICLE TEN ............................................................................................................................................... 10

DISCIPLINE AND DISCHARGE .......................... ... ........................................................................................... 10

ARTICLE ELEVEN ....................................................................................................................................... 11

ARBITRATION ................................................................................................................................................ 11

ARTICLE TWELVE ...................................................................................................................................... 12

SENIORITY .................................................................................................................................................... 12

ARTICLE THIRTEEN .................................................................................................................................. 15

LEAVE OF ABSENCE - WITHOUT PAY ................................................................. .. .......................................... 15

ARTICLE FOURTEEN ................................................................................................................................. 16

BEREAVEMENT LEAVE .................................................................................................................................. 16

ARTICLE FIFTEEN ...................................................................................................................................... 17

SICK LEAVE ..................................................... ............................................................................................. 17

ARTICLE SIXTEEN ...................................................................................................................................... 18

STATUTORY HOLIDAYS ................................................................................................................................. 18

ARTICLE SEVENTEEN ............................................................................................................................... 19

V ACATIONS .................................................................................................................. ................................. 19

ARTICLE EIGHTEEN .................................................................................................................................. 20

BULI.ETIN BOARD ......................................................................................................................................... 20

ARTICLE NINETEEN .................................................................................................................................. 20

LOCKERS, DRESSING ROOMS AND LUNCHROOM FACILITIES ........................................................................ 20

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ARTICLE TWENTY ...................................................................................................................................... 21

UNIFORMS AND EQUIPMENT ......................................................................................................................... 21

ARTICLE TWENTY-ONE ............................................................................................................................ 21

PERSONAL HYGIENE AND GROOMING ........................................................................................................... 21

ARTICLE TWENTY-TWO .......................................................................................................................... 22

HOURS OF WORK AND OVERTIME ........... ...................................................................................................... 22

ARTICLE TWENTY-THREE ...................................................................................................................... 23

TEMPORARY TRANSFERS .............................................................................................................................. 23

ARTICLE TWENTY-FOUR ......................................................................................................................... 23

MERIT RATING .............................................................................................................................................. 23

ARTICLE TWENTY-FIVE ........................................................................................................................... 23

BENEFITS ...................................................................................................................................................... 23

ARTICLE TWENTY-SIX .............................................................................................................................. 24

HEALTH & WELFARE .................................................................................................................................... 24

ARTICLE TWENTY-SEVEN ....................................................................................................................... 25

PENSION PLAN .............................................................................................................................................. 25

ARTICLE TWENTY-EIGHT ....................................................................................................................... 26

GENERAL ...................................................................................................................................................... 26

ARTICLE TWENTY-NINE .......................................................................................................................... 26

DURATION ............................................. ....................................................................................................... 26

APPENDIX "A" .............................................................................................................................................. 27

CLASSIFICATIONS AND WAGE SCALE ........................................................................................................... 27

OVERNIGHT SHIFT PREMIUM ........................................................................................................................ 27

APPENDIX ''B'' .............................................................................................................................................. 28

LEITER OF UNDERSTANDING #1 ................................................................................................................. 28 LETTER OF UNDERSTANDING#] ...................................................................................................................... 29 LETTER OF UNDERSTANDING #3 ..................................................................................................................... 30

MOA ................................................................................................................................ ,,,,,, ,,,,,, .. ,, ................. ,,,,,J 1

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THIS AGREEMENT made and entered into this __ day of ________ _ in the City of Ottawa.

BETWEEN:

ARTICLE ONE

MINTO ONE80FIVE

hereinafter referred to as the "Company" of the First Part

HOSPITALITY & SERVICE TRADES UNION,

LOCAL261

hereinafter referred to as the "Union" of the Second Part

Now therefore the parties agree as follows:

PURPOSE OF AGREEMENT

1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the Company, its employees and the Union, to maintain a high standard of service in the Suite Hotel [at Minto one80five] and to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions, benefits, hours of work and wages for all employees who are subject to the provisions of this Agreement.

1.02 The Company, its Employees, and the Union agree that their relationship will be most effective when characterized by dignity and mutual respect, and by concern for the Guests.

ARTICLE TWO

RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for the employees employed at MINTO one80five by THE MINTO GROUP in the City of Ottawa, save and except supervisors and persons above the rank of supervisor, executive office staff, accounting office staff, front office staff, personnel office staff, sales office staff, housekeeping office clerk, Pool & Fitness Centre staff and persons employed by companies that were part of Minto Developments Inc. on or before December 31, 2007.

The parties agree that "supervisor" includes floor supervisors, guest services supervisor, executive housekeeper and catering coordinator.

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2.02 Whenever the male gender is used in this Agreement, it shall be understood to include the female gender. Wherever the singular is used it shall be understood to include the plural.

ARTICLE THREE

UNION SECURITY

3.01 All present members of the Union, and future employees employed within the scope of this Agreement who have completed fourteen (14) calendar days of service with the Company shall, as a condition of employment, become and remain members in good standing of the Union.

3.02 The parties agree that the facilities shall be a Union shop and that it is a condition of employment that each individual employee within the scope of the Agreement must become and remain a member of the Union.

3.03 Within seven (7) working days following the month for which they apply, monies owed to the Union pursuant to the tenns of this Agreement shall be remitted to the Financial Secretary of the Union, as directed by the Union, in writing.

3.04 The Company shall deduct and remit the following monies on behalf of the Union, as directed by the Union, in writing:

i) regular Union dues or an amount in lieu thereof, from present members of the Union;

ii) initiation fees and regular Union dues from new employees;

iii) fees, fines or assessments in accordance with notification from the Union office from employees off work due to illness, authorized leave, or vacation.

iv) should a member leave the employ of the Company prior to the deductions being made in any given pay period, the employer shall deduct the remaining portion of monies owed to the Union from the employee's final pay cheque, including outstanding vacation pay.

3.05 In the event a union member does not have sufficient earnings to cover the amount of dues, due in any particular pay period(s), the Company shall so indicate same on the respective remittance fonn(s) provided to the Union. Thereafter, union dues in arrears shall be recovered as directed by the Union, in writing.

3.06 Provided the Company complies with the written direction issued by the Union, the Union agrees to save the Company harmless from any

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claims, demands and expenses that may result from any action by an employee against the Company arising out of the collection of Union dues.

3.07 The Company shall provide a copy of the Collective Agreement, together with other pertinent employment information, to each employee at time of hiring.

3.08 Each new employee shall furnish the Company, at the time of hire, with a signed application for Union membership and dues check-off authorization. A copy of the completed form shall be forwarded to the Union office.

Should said form not be completed and/or the copy of said form not be received by the Union office within fourteen (14) days after the employee's date of hire, the employee shall be removed from the work schedule until such time as this requirement is met.

ARTICLE FOUR

MANAGEMENT RIGHTS

4.01 The Union acknowledges that, subject to the terms of this Agreement and as is permissible by law, the Company shall continue to reserve all rights, powers and authority to manage the Company and to direct the working forces. Without restricting the generality of the foregoing, such right of the Company shall include the right to:

a) instruct and direct employees in their duties and responsibilities;

b) control the use of buildings, equipment, utensils, machinery, tools, materials, instruments, clothing, uniforms and all other articles or things belonging to the Company;

c) formulate policies, rules and regulations with fourteen (14) days notice;

d) maintain order and to hire, promote, transfer, classify, lay-off, recall, demote, discharge, suspend or otherwise discipline employees for just cause;

e) determine where, in what manner, at what time and under what conditions employees in the bargaining unit perform their duties;

f) limit, suspend or cease operations, or make necessary arrangements due to a change in the Company's policies;

g) to manage the enterprise in which the Company is engaged and without restricting the generality of the foregoing to plan, direct and control

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h)

operations, to direct the work forces, to determine the number of personnel required from time to time, to determine the number and location of facilities. to determine the quality of service and processes, methods and procedures to be employed, schedules of work and production, standard of performance, to select, procure and control supplies, material, products and produce, to determine the extension, limitation or curtailment or cessation of operations and all other rights and responsibilities of management not specifically modified in this Agreement; and

it is understood and agreed that these rights shall be exercised reasonably and in a manner consistent with the terms of this Agreement or not in violation of the law and it is further understood that a claim by an employee or employees and/or the Union that the employer has not so exercised these rights shall be the proper subject matter for a grievance.

ARTICLE FIVE

No STRIKES/ NO LOCK-OUTS

5.01 The Union agrees that, during the life of this Agreement, there will be no strike, picketing. slow-down or stoppage of work, either complete or partial, and the Company agrees that there will be no lock-out.

5.02 The Union and the Company agree that the employees of the Company will not be involved in any dispute, inside or on the streets adjacent to the Suite Hotel [Minto one80five], which may arise between any other employer and the employees of such employers.

The above shall not apply where the application of the above provision would prevent an employee from exercising any right(s) that they may have under applicable legislation.

ARTICLE SIX

RELATIONSHIP

6.01 The Company and the Union agree that there will be no harassment, intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or their Representatives or members.

The Parties also acknowledge the application of the applicable Human Rights Code legislation in the workplace and their respective obligations thereto, including gender identity and gender expression.

6.02 The Union further agrees that there will be no solicitation for membership, collection of dues ( except as otherwise provided in this

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Agreement) or other Union activity at the work location or on the premises of the Company.

6.03 No more than two (2) official representatives of the Union shall be permitted to enter the Company's premises after informing the Company of such visits. The Union agrees that the visits of such official representatives shall not impair or hinder production and services, and that the visits will be limited to the proper discharge of Union business, such as ensuring that the terms of this Agreement are being implemented and not for the purpose of soliciting membership.

ARTICLE SEVEN

REPRESENTATION

7.01 The Company acknowledges the right of the Union to appoint. elect or otherwise select one (1) Shop Steward from amongst employees of the Company, who have completed their probationary period of employment, for the purpose of assisting employees in presenting grievances to the Company in accordance with the provisions of this Agreement and to perform other union-related activities.

7.02 The Union shall keep the Company notified in writing of the names of the Shop Stewards and the effective dates of their appointment.

7.03 The Union acknowledges that Shop Stewards have their regular duties to perform on behalf of the Company, and therefore will not leave their regular duties without first obtaining permission of their immediate supervisor or, in his absence, the Suite Hotel General Manager [the Regional Manager] or his designate. Such permission shall not be unreasonably withheld. When resuming their regular duties, Shop Stewards will report again to their immediate supervisor or, in his absence, the Suite Hotel General Manager [the Regional Manager] or his designate.

7.04 In consideration of the orderly process above, the Shop Steward shall not suffer any loss of pay for reasonable time spent in the performance of such union-related duties.

Where a Shop Steward is scheduled to be on duty during the time in which a union meeting of the general membership of the bargaining unit is to be held on site, he shall be permitted to attend such meetings without loss of pay.

Any employee duly elected to the Union's Executive Board shall be granted leave without pay to attend quarterly Executive Board meetings.

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7.05 Where the Company cannot wait to call a meeting with an employee and there is no Shop Steward on the premises at the time of the meeting, the employee shall select another bargaining unit member to attend the meeting and act as a witness.

ARTICLE EIGHT

GRIEVANCE PROCEDURE

A grievance is defined as a question or complaint involving the application, interpretation~ administration or alleged violation of any of the provisions of this Agreement and/or any alleged violation of any employment related legislation.

8.01 Step #1- Discussion Stage

An employee (or group of employees) having a grievance are encouraged to take the matter up with their immediate supervisor within five (5) days of its occurrence, or within five (5) days from the date on which the employee(s) could reasonably become aware of the circumstances giving rise to the grievance. The Shop Steward shall be present at any such meeting.

The supervisor shall respond to the grievance within five (5) days thereafter, giving the reason(s) for his decision.

Step #2 - Formal Grievance

If the grievance is not settled to the satisfaction of the employee at Step •~ the matter may be referred to the Local Union where it shall be reduced to writing and formalized as a grievance. Thereafter, the Union shall have carriage of the formal grievance.

The formal grievance shall be submitted to the Director of Human Resources within five (5) days after the employee receives the decision from Step 1 ~ or where Step 1 was not invoked, within five (5) days of its occurrence~ or within five (5) days from the date on which the employee(s) could reasonably become aware of the circumstances giving rise to the grievance.

The grievance shall contain all related information on the grievance and shall contain the names of all employees affected by it.

The Director of Human Resources shall deal with the grievance and provide his answer including the reasons for his decision, in writing, to the Union within five (5) days, following receipt of the grievance.

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8.02 Failing settlement after exhausting the grievance procedure, the grievance may be referred to arbitration. The referral to arbitration must be made in writing to the other party within ten (10) days after receiving the response from Step 3 of the grievance procedure or where no response was provided within the prescribed time limits, within ten (10) days the decision from Step 3 was due to be received, unless otherwise agreed between the parties.

8.03 All time limits contained herein shall exclude Saturdays, Sundays and declared Holidays. The parties are in agreement that the time limits outlined herein may be extended, in writing, by mutual agreement.

ARTICLE NINE

COMPANY AND UNION GRIEVANCES

9.01 A Union or Company grievance may be submitted to the other party, in writing, within ten ( 10) days from the time the circumstances upon which the subject matter of the grievance becomes known, or should reasonably have been known by the grieving party. A meeting between the Company and the Union shall be held within five (5) working days of the presentation of the written grievance or such other time as is mutually agreed upon between the Union and the Suite Hotel General Manager. [Minto one80five 's Regional Manager].

The Responding Party shall give its written decision within five (5) days after the meeting has been held. If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration within ten ( 10) working days of the delivery of such written decision and the arbitration provisions shall apply.

9.02 No such grievance shall be filed with respect to the same subject matter that is already the subject matter of a grievance filed by an employee.

ARTICLE TEN

DISCIPLINE AND DISCHARGE

10.01 A non-probationary employee shall not be disciplined or discharged without just cause.

10.02 The parties acknowledge that the discharge of a probationary employee shall be at the sole discretion of the Company and shall not be subject to the grievance procedure provided that such termination is not arbitrary, discriminatory and/or in bad faith.

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10.03

10.04

10.05

Subject to the provisions of this Article, a claim by an employee that he has been discharged without just cause, shall be treated as a grievance and shall commence at Step 2 of the grievance procedure provided a written grievance, signed by the employee and/or the Union Business Representative is presented to the Director of Human Resources within five (5) days of the date on which the Union receives a copy of the letter of termination stating the reason(s) for the discharge.

A grievance filed with respect to discipline/discharge may be settled under the grievance/arbitration procedure by confirming the Company's actions, modifying the Companis action with or without compensation, or by any other arrangement which may be considered just and equitable by the conferring parties.

The employee's record may contain items such as, although not limited to, work performance, conduct, appearance, attendance, attitude, guest comments and any and all records necessary by the Company for Human Resource administration. No entry of any adverse records and items dealing with discipline shall be placed on the employee's record until the matter is discussed with the employee in the presence of the Shop Steward or the Union Business Representative. The employee may waive his right to Union representation in writing. The Company agrees to provide the employee and the Union office with a copy of all adverse records and items dealing with discipline. Any written response to any such adverse record shall also become part of the employee's file and shall be retained therein for as long as the record to which it applies.

All disciplinary notices shall be removed from the employee's file after twelve (12) months.

ARTICLE ELEVEN

ARBITRATION

11.01

(a) When either party requests that a grievance be submitted to arbitration, they shall give notice of such intent in writing to the other party within ten (10) days of exhausting the grievance procedure. In all cases a single arbitrator shall be used. Such notice shall include the name(s) of the referring party's nominee(s) to act as arbitrator.

(b) The responding party shall, within five (5) days thereafter, confirm acceptance of an arbitrator nominated by the referring party or shall provide the name(s) of its nominee(s). Should the parties be unable to agree on an arbitrator within five (5) days, one shall be appointed by the Ministry of Labour.

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11.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.

11.03 Each party hereto, shall jointly bear the expense of the Arbitrator.

11.04 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this agreement, except that the Arbitrator may at his/her discretion modify any penalty which has been imposed on the aggrieved employee(s).

11.05 The time limits referred to herein shall exclude Saturdays, Sundays and designated Holidays and may be extended by mutual agreement of the parties.

11.06 The arbitrator shall hear and detennine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee or employees affected by it.

11.07 The arbitration hearing(s) shall be held on the Company's premises without charge.

ARTICLE TWELVE

SENIORITY

PURPOSE: The purpose of seniority is to afford preference to senior employees in recognition of their length of service with the Company. Seniority is intended to provide maximum work opportunity to senior employees.

12.01 An employee shall be considered a probationary employee until he has completed ninety (90) calendar days of service with the Company. During such probationary period, he will have no seniority rights. However, on the successful completion of the foregoing probationary period, he will become a seniority employee and will be credited with full seniority from his last date of hire.

12.02 The Company recognizes classification semonty rights within each classification for the employees covered under this Agreement.

12.03 Classification seniority refers to an employee's seniority in a specific job classification. There shall be a thirty (30) day trial period for an employee promoted or transferring to another classification. Where the employee fails to perform to the requirements of the position or otherwise wishes to return to his former position, he will be allowed to exercise his seniority in reclaiming his former position provided the

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right to do so is exercised within the thirty (30) day trial period. After the expiration of this thirty (30) day trial period, the employee shall accumulate seniority in the new classification from the date of transfer and be struck from the seniority list of his former classification.

Classification seniority shall apply to the following:

(a) lay-off and recall; (b) selection of weekly shifts; ( c) choice of vacations; (d) promotions as described in Article 12.04; (e) voluntary demotions/change in classification as described in Article

12.13; (f) overtime work opportunities in accordance with current practice.

12.04 In assessing candidates who have applied for internal posted positions, selection shall be made from amongst those qualified for the position. The candidate(s) who is best qualified and most closely meets the requirements for the position shall be selected. Where two or more qualified candidates are relatively equal, the employee with the most seniority shall take precedence.

12.05 Vacancies for new jobs and permanent positions within the bargaining unit shall be posted for a minimum period of five (5) days, two (2) of which must be weekend days. All internal bargaining unit applications shall be processed before hiring from outside the bargaining unit.

12.06 Notwithstanding the aforementioned posting process, where a full time vacancy occurs within a classification having a complement of part time employees, said vacancy shall be offered to part time employees within the classification, by seniority. Thereafter, the resulting vacancy shall be posted.

12.07 Provided that there are employees capable of performing the work in the classification concerned, the following lay-off procedures shall apply:

(a) volunteers (by seniority)

(b) part-time employees on probation;

(c) part-time employees;

(d) full-time employees on probation; then

(e) full-time employees.

12.08 Employees must notify the Company and the Union of any change of address during the life of this Agreement.

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12.09 Up-to-date seniority lists for the respective seniority groups indicating starting date and classification. shall be posted by the Company within clear view for all employees to see within thirty (30) days of the signing of this Agreement. These lists shall be revised and posted every three (3) months. The Union will be provided with copies of such lists at the time of posting( s ).

Part-time and full-time classification seniority lists will be maintained and applied separately.

"Classification seniority" earned as a part-time employee will not be included in calculating an employee's full.time ''classification seniority", and vice versa.

"Company seniority9' will include all service earned irrespective of an employee's part-time or full-time status.

If a full time employee~s hours are reduced by the employer~ he/she will be provided with the first opportunity to work available hours up to a normal full-time schedule before part-time employees may be offered the opportunity to work those hours.

Should an employee voluntarily reduce his/her status to part-time, he/she will be placed at the bottom of the part-time seniority list.

12.10 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement, for a period not to exceed six (6) months, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such supervisory or confidential capacity. The employee shall be deleted from the seniority list if said promotion exceeds six (6) months unless, in the event of extenuating circumstances, the Union and the Company have agreed otherwise.

12.11 If the Company creates a new classification within the bargaining unit, the Company agrees to inform the Union of the new classification and the rate payable. If the Union disagrees with the wage rate, the grievance procedure shall apply.

12.12 An employee shall lose all seniority and his employment shall be deemed to be terminated ifhe:

(a) voluntarily quits the employ of the Company;

(b) is discharged and such discharge is not reversed through the grievance or arbitration procedure;

(c) is ]aid-off for twelve (12) months;

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(d)

(e)

(f)

(g)

(h)

12.13

is absent from work for more than three (3) consecutive scheduled working days without notifying the Company and fails to provide an acceptable reason for the absence.

overstays an authorized leave of absence without securing an extension of such leave from the Company;

employees absent due to illness or injury shall retain their seniority, but shall not accumulate seniority after the expiration of weekly indemnity benefit entitlement or the expiration of twelve (12) months, whichever occurs later, at which time the employee shall lose all seniority and be deemed to have been terminated, save and except employees who have a handicap or disability within the meaning of the Human Rights Code, in which case, such employees shall not be subjected to the loss or reduction of any rights or benefits afforded him under the Collective Agreement.

is on lay-off status and is notified to return to work (by registered mail), fails to notify the Company of his intention to return to work within five (5) days of receipt of the notification (Saturday and Sunday excluded) or he does not return to work.

misrepresents the purpose for the leave of absence (paid or unpaid)

In the event that an employee voluntarily requests a permanent demotion/change in classification, when a position is available, the employee will be paid at the rate of the new classification and he/she will be placed at the bottom of the new classification's seniority list.

ARTICLE THIRTEEN

LEAVE OF ABSENCE - WITHOUT PAY

13.01 Employees requesting leave of absence, without pay, will make application to the Department Head. The Company may, at its discretion, grant such leave of absence for up to a period of six (6) months provided the services of the employee are not immediately required and there is an employee available who has the qualifications to perform the work. Leave of absence shall be granted in writing. The granting of such leave by the Company shall not be unreasonably withheld.

13.02 Leave of absence may be extended by the Company, in writing, upon application in writing, from the employee provided the application is made in ample time before the completion of the leave of absence to allow scheduling changes to be made.

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13.03 Proof of illness or injury preventing return from leave of absence shall excuse an employee's failure to return at that time.

13.04 Leave of absence shall not be granted to enable an employee to work outside the Company service except for reasons of health, other exceptional circumstances or by agreement of the Company and the Union.

13.0S The Company agrees to grant a leave of absence without pay for parental and/or pregnancy leave in accordance with the provisions of the Employment Standards Act, as amended from time to time.

13.06 Leave of absence, without loss of seniority, will be granted to no more than one (1) non-probationary employee who has been elected by the Union membership as a delegate to attend a Union convention, or seminar or training program, provided that one ( 1) week's notice has been given to the Company. This leave shall be without pay.

13.07 Leave of absence, with pay shall be granted to not more than two (2) non-probationary employees who have been elected or otherwise appointed as delegates to the Union's Negotiating Committee to attend negotiating meetings with the Company for the renewal of the Collective Agreement. Such leave shall be limited to not more than two (2) employees, one of which shall be paid their regular rate by the Company and the other shall be paid by the Union when attending such meetings on their regularly scheduled work day.

13.08 In emergency situations, an employee may use accrued vacation to help supplement their income when taking a leave of absence, upon approval of their immediate supervisor or, in his absence, his designate. Such permission shall not be unreasonably withheld.

ARTICLE FOURTEEN

BEREAVEMENT LEA VE

14.01 Full Time employees who have completed their probationary period shall be entitled to receive bereavement leave to attend the funeral arrangements on the death of a relative. The said bereavement leave will not be granted for any other purpose.

For the purpose of this Article, the Company agrees to abide by Provincial Legislation in following the guidelines therein when determining the definition of various relationships.

(a) On the death of the employee's legal spouse, son, daughter, step-son, step-daughter, father, mother, brother, sister, father-in-law, mother-in-

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law, step-mother or step-father, grandparent, or grandchild an employee shall receive four (4) days bereavement leave with pay.

(b) On the death of an aunt, uncle, sister-in-law or brother-in-law, an employee may obtain one (1) day of bereavement leave with pay.

( c) Bereavement leave with pay shall commence on the day immediately following the day of the death of the relative and shall cease on the day of burial or similar service. The said leave shall not, however, surpass the allowance in (a) or (b) above unless authorized by the Company.

( d) Bereavement leave shall be paid for scheduled days only or days for which an employee would have been scheduled had the said leave not been granted.

ARTICLE FIFTEEN

SICK LEAVE

The Parties acknowledge that the sick leave benefits set out below, are intended to protect employees from suffering a loss of income as a result of a non-compensable illness or injury. The Parties further acknowledge that they do not advocate the fraudulent use of sick leave. Should an employee mislead the Company about the reason or necessity for absence or be found guilty of using sick leave benefits fraudulently, the Company reserves the right to impose discipline, up to and including discharge.

15.01 After completing their probationary period, full-time employees shall be entitled to receive sick-leave allowance as follows:

(a) ten (10) days of paid sick leave per annum;

(b) the yearly allowance under no circumstances shall be cumulative

( c) except in extreme circumstances beyond the control of the employee. all cases of sickness must be reported to the Personnel Department or the designated person on duty on the first day of sickness within a period of one (I) hour prior to the normal reporting time of the employee concerned.

( d) the allowance for sick pay shall commence on the second (2"d) consecutive day of illness and shall be paid for scheduled days only or days for which the employee would have been scheduled had he not been ill. Effective the second year of this collective agreement. the allowance for sick pay shall commence on the first (1st) day of illness and shall be paid for scheduled days only or days for which the employee would have been scheduled had he not been ill;

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( e) sick pay allowance shall be an amount equal to eight (8) hours multiplied by his basic hourly rate;

(t) sick pay shall not apply to any day for which an employee received compensation from the Company or the Workplace Safety & Insurance Board;

(g) an employee remaining off duty. claiming sickness. will, if requested by the Company, be required to produce a medical certificate justifying the cause of absence. The Company reserves the right to require an employee to obtain a medical certificate from a doctor appointed by the Company to qualify for sick leave or before returning to work;

(h) Where there is reasonable cause for concern about the legitimacy of an employee's sick leave absencet the Company reserves the right to require an employee to undergo a medical examination by a doctor appointed by the Company.

All time spent by the employee to accommodate such a requirement~ will be considered as time worked and the employee shall be compensated accordingly. All associated costs of such examination shall be borne by the Company.

ARTICLE SIXTEEN

STATUTORY HOLIDAYS

16.01 Employees in the active employ of the Company and who are not required to work on a Holiday concerned shall receive pay for the following Holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday (First Monday in August) Employee's Anniversary of Employment with the Company

Employee's Birthday Labour Day Thanksgiving Day Christmas Eve Christmas Day Boxing Day

Holiday pay shall be computed on the basis of the average number of hours the employee worked on each shift in the preceding twenty (20) day period at his regular straight time rate of pay.

16.02 If an employee fails, without reasonable cause, to work all of his last regularly scheduled day of work before the statutory holiday or all of his

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regularly scheduled day after the statutory holiday, the employee has no entitlement to holiday pay.

16.03 An employee in the active employ of the Company who is eligible for paid Statutory Holiday and who is required to work on one of the above Statutory Holidays may, at the discretion of the employee, be granted a day off with pay in lieu of the Holiday at his regular rate of pay within a period of thirty (30) days prior to, or thirty (30) days subsequent to the Holiday concerned.

Employees shall receive one (1) week's advance notice, or shorter notice if agreeable to both the Company and the employee.

Pay for a day off in lieu of a Holiday shall be computed on the basis of the number of hours such employee would have worked had there been no Holiday at his regular straight time hourly rate of pay.

16.04 If a day off in lieu of the Holiday is not requested by the employee, then such employee shall be paid for authorized work performed on the Holiday at the rate of time and one half his regular rate of pay. If a Holiday falls within an employee's vacation period, at the employee's option, the Company shall grant either an extra day's Holiday, at a time mutually convenient to the Company and the employee or pay for the Holiday as provided herein.

ARTICLE SEVENTEEN

VACATIONS

17.01 The Company recognizes the need for rest and recreation on the part of its employees and therefore provides the following vacation plan. Vacation must be taken annually and may not be accrued one year to the next, without written approval. Such approval shall not be unreasonably withheld. Vacation requests will be submitted by the employee atleast one month in advance of the time requested, whenever possible. Should a submission come in less than a month in advance of the time requested, seniority will not take precedent over previous approved requests. In the event of an emergency please refer to Article Thirteen -Leave of Absence - Without Pay. Employees may be allowed to carry over a maximum of one week into the following year.

(a)

(b)

Less than one (1) year's continuous employment as at the employee's anniversary date

After completion of one (1) year's continuous service

4% of earnings

2 weeks vacation with pay at 4% of annual earnings

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(c)

(d)

After completion of five (5) year's continuous service

After completion of ten ( I 0) year's continuous service

3 weeks vacation with pay at 6% of annual earnings

4 weeks vacation with pay at 8% of annual earnings

(e) After completion of twenty (20) years 5 weeks vacation with continuous service pay at 10% of annual

earnings

17.02 Subject to operational requirements. the granting of vacation shall be by seniority. There shall be no periods where the granting of vacation leave, by seniority~ is denied to all employees regardless of their seniority.

ARTICLE EIGHTEEN

BULLETIN BOARD

18.01 The Company shall provide a bulletin board in a mutually satisfactory location on the premises for the convenience of the Union in posting notices of Union activity. All such notices must be signed by the proper officer of the local Union and submitted to the Suite Hotel General Manager [Minto one80jive 's Regional Manager], or authorized Representative[.] Such approval shall not be unreasonably withheld.

ARTICLE NINETEEN

LOCKERS, DRESSING ROOMS AND LUNCHROOM FACILITIES

19.01 The Company agrees to provide ample and sanitary dressing rooms with shared lockers for all employees.

19.02 If a locker is to be searched, the Shop Steward and/or Union Business Representative and the employee, if the employee is available, shall be present.

19.03 The employer shall continue to provide lunchroom facilities, including equipment and condiments, pursuant to past practice.

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ARTICLE TWENTY

UNIFORMS AND EQUIPMENT

20.01 The Company agrees to supply, clean and repair all articles of uniform clothing and/or other uniform items for those employees who are required to wear uniforms. Employees who are required to wear uniforms will be provided with two (2) sets of uniforms at time of hire. Upon successful completion of the employee's probation period, the Company will provide an additional one (1) uniform. The Company shall issue new uniforms every other year, as required.

20.02 Uniforms remain the property of the Company. Employees are prohibited from wearing uniforms except when engaged in the service for which they are supplied. Any damage resulting to the uniform through wearing them on other occasions shall be charged against the employee.

20.03 Employees shall be responsible for wearing the uniform distributed to them. Colour and style of accessories, (i.e. socks, stockings, jewelry, shoes), and the policies regarding the wearing of such shall be determined by the Company's current policy.

20.04 The Company shall provide all equipment necessary to perform the job. In the event that an employee loses his uniform, tools or equipment that was supplied to him by the Company, or fails to return them, and negligence is established, the cost of the uniform, tools or equipment will be deducted from the wages of the employee concerned.

20.06 Each full-time employee, excluding Houseman shall be reimbursed annually up to, eighty-five dollars ($85.00) upon proof of purchase of footwear being provided to the Company, effective upon ratification. Each part-time employee shall be reimbursed, every two (2) years, up to eighty-five dollars ($85.00) upon proof of purchase of footwear being provided to the Company, effective upon ratification. All footwear must be approved by the Company.

20.07 Each Houseman shall be reimbursed annually 100% of the cost of Minto required steel-toe boots upon proof of purchase of footwear being provided to the Company, effective upon ratification.

ARTICLE TWENTY-ONE

PERSONAL HYGIENE AND GROOMING

21.01 It is understood and agreed that all employees will attend to their personal hygiene and undertake to groom themselves, while on duty, to the current standards set by the Company. The purpose of this Article is to ensure that all employees uphold the image of the Company.

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ARTICLE TWENTY· Two

22.01

22.02

22.03

22.04 a)

b)

22.05

22.06

22.07

HOURS OF WORK AND OVERTIME

The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per week subject to Article 22.09.

The standard work week shall consist of forty ( 40) hours per week comprised of eight (8) hours per day and five (5) days per week. The Company shall employ its best effort to arrange schedules so that employees will have two (2) consecutive days off during each work week. The work day as described above shall commence when the employee reports to his work station properly prepared to begin such work. Employees shall receive pay for all hours worked.

The Company agrees to post weekly schedules forty-eight ( 48) hours prior to the commencement of the work week for full-time employees. Such schedules shall not be construed as a guarantee of hours of work.

Overtime at the rate of pay of time and one-half of the employee's basic rate shall be paid for all hours worked in excess of forty ( 40) hours per week and eight (8) hours per day.

Employees shall opt for one of the following methods of compensation for overtime hours worked:

i) pay, subject to statutory deductions; or ii) time off in lieu of overtime hours worked, in which case the

overtime hours shall be converted to straight time equivalent, i.e. 8 hours overtime = 12 hours leave at straight time.

There shall be no pyramiding of overtime.

Where an employee is scheduled to work five (5) or more consecutive hours, he shall be provided with a meal period of not less than thirty (30) minutes and not more than one (1) hour. Such meal period shall not be regarded as time worked.

Split shift assignments shall be confined to no more than two (2) tours of duty on a maximum total of eight (8) hours work within a spread of twelve (12) consecutive hours in any one day.

In clarification of the above, the Company agrees that two (2) tours of duty shall not apply to the classification of Room Attendant. Where split shifts are required, they will be assigned to the remaining employees in reverse order of seniority.

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22.08 Each employee shall be allowed one ( 1) fifteen ( 15) minute rest period in each four (4) hour work period and such time shall be regarded as time worked. Each employee shall be allowed a minimum of one half hour meal period during each eight (8) hour shift, however, such meal period must be provided no later than the end of the employee's fifth (51h) hour of work. Such meal period shall not be regarded as time worked.

22.09 Once a full-time employee reports to work on his regularly scheduled day, he shall receive guaranteed pay for eight (8) hours. Part-time employees shall receive four (4) guaranteed hours.

ARTICLE TWENTY-THREE

TEMPORARY TRANSFERS

23.01 Employees temporarily assigned to a higher rated classification shall be paid the higher rate for all time worked in the higher rated classification. Employees temporarily assigned to a lower rated classification for the convenience of the Company shall not have their rate reduced.

ARTICLE TWENTY-FOUR

MERIT RA TING

24.01 The scale of wages, as outlined in Schedule "A" to this Agreement, are considered minimum rates and do not prohibit the Company from granting merit increases to more proficient employees. The Union shall be notified, in writing, of all employees in receipt of merit increases and the amount( s) of same.

ARTICLE TWENTY-FIVE

BENEFITS

25.01 Notwithstanding anything to the contrary contained in this Agreement, the benefits and plans of insurance hereinafter referred to herein are qualified in their entirety by reference to the underlying policies and contracts of insurance or statutes or regulation. The benefits and levels of coverage contained in such policies and/or contracts shall not be amended during the life of this Agreement without the express written consent of the Union.

25.02 The Company's only obligation hereunder is to pay the amount of premiums contracted for. The Company shall not be considered to be an insurer with respect to any benefit or plan referred to herein, however,

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the Company shall, whenever required, act as an intermediary between the employee and the insurer(s) to facilitate an employee's claim.

Unless an employee has been absent from work, without pay, for a period of thirty (30) days or more by reason provided for in this Agreement, the employee shall be deemed to be actively at work.

An employee who has been laid-off shall remain eligible benefit coverage for the greater of:

a) the balance of the month in which he last worked and three (3) additional month thereafter;

b) the amount of coverage as described in their severance package based on years of service with the Company.

25.03 In the event the Company has failed to meet its obligation to pay the insurance premiums and such failure results in the non-payment of an employee's claim under the plan, the Company shall ensure the claim is paid.

ARTICLE TWENTY-SIX

HEAL TH & WELFARE

26.01 Full-time employees shall be entitled to participate in the Health and Welfare Plan of the Company, following the qualification period as described by the Company's policy. Effective the first pay period following September l , 2004 each employee shall pay ten percent (10%) of the premium cost for the Health and Welfare Plan. Said contribution shall be deducted each pay period.

The following benefits accrue to the employee:

Life Insurance $10,000.00

Dependent Life Insurance $6,000.00/$3,000.00 child

AD&D $10,000.00

Health Care Drug & others - 85% coinsurance Hospital - 100% coinsurance Annual Deductible - $50.00 single

$100.00 family Dispensing Fee Cap - $6.11 Paramedical - $200.00 per pract. Hospital Room - Semi-private

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Dental Care Basic Coverage - 85% coinsurance The Ontario Fee Guide shall be updated annually and shall never be behind in excess of eighteen ( 18) months.

Annual Deductible - $50.00 single $100.00 family

(Max. $1,000.00 per year per person covered)

Long Tenn Disability

Vision Care

Waiting Period - 119 days Benefit - 60 % of salary Maximum - $5,000.00 per month

$100. 00 every two years for eye exam

26.02 Health and Welfare Plans are better described in the booklet issued by the Company, however, features of the plan are described under a Group Policy issued to MINTO DEVELOPMENTS INC [MINTO PROPERTIES INC]. In the event of any variation between the infonnation in this summary and the provisions of the policies, the latter will prevail.

26.03 The Company shall furnish the Union and all full-time employees with a copy of the benefit plan booklet(s).

ARTICLE TWENTY-SEVEN

PENSION PLAN

27.01 The Company shall contribute on behalf of each employee an amount equal to three percent (3%) of the employee ' s earnings into a Registered Retirement Savings Plan. The Company shall also deduct from the employee's wages an amount equal to two percent (2%) of the employee' s earnings and deposit said amount into the RRSP. In addition to the employee's mandatory two percent (2%) contribution, employees may make further voluntary contributions in accordance with Canada Revenue Agency requirements.

Effective upon ratification~ neither employee nor employer contributions may be withdrawn from the RRSP except in the following circumstances:

In accordance with Canada Revenue Agency rules, the employee may temporarily withdraw some or all of the employee contributions under the Canadian First Time Homebuyers Plan. Repayment shall be in accordance with CRA requirements.

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Upon the termination of employment, including retirement

ARTICLE TWENTY-EIGHT

GENERAL

28.01 Individual Agreements - No arrangements shall be made with any employee and the employer which conflicts with the terms of this Agreement. Should the Union allege that this Article has been breached, such alleged breach shall be subject to the provisions of Article 9.

28.02 Educational Allowance - The Company recognizes the need for the employee to continue improving his skills and the Company therefore offers the following assistance program:

Where the Company has previously approved a course of instruction and the employee has successfully completed the said course, the Company hereby agrees to reimburse the employee fifty percent (50%) of the total of the fees that had been duly approved by the Company.

28.02 Effective upon ratification, the Company shall contribute to the Union Resource Development Fund at the rates described below per hour worked by bargaining unit employees. Said monies to be paid monthly, by separate cheque.

May 15, 2016 May 15, 2017 May 15, 2018 URDF Rate $0.08 per hour $0.10 per hour $0.10 per hour

28.04 Breakage - Unless negligence is established, employees will not be required to pay for broken or damaged equipment.

ARTICLE THIRTY

DURATION

29.01 This Agreement shall continue to be in effect for the period commencing May 15, 2016 and terminate on May 14, 2019 and from year to year thereafter unless either party gives notice in writing to the other of termination or of amendment not more than ninety (90) days and not less than thirty (30) days prior to the date of expiration.

Signed at the City of Ottawa, in the Province of Ontario, this L/ "aay of

..:Jauuaaj , d OJK ·

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Appendix "A

CLASSIFICATIONS AND WAGE SCALE

For: HOSPITALITY & SERVICE TRADES

UNION, LOCAL 261

The Company may pay a probationary rate of up to fifty ($0.50) cents per hour less than the contracted rate in any particular classification.

Classification 15-May-16 15-0ct-16 I 15-May-17

Room Attendant $19.82 $20.04 I $20.27

Houseperson $18.91 $19.12 r

$19.34 -~

15 - -Oct-17

$20.50

$19.56 ....

15-May-18

$20.73

$19.78

15-0ct-18

$20.96

$20.00

A Signing Bonus of $300.00 will be paid to active employees within two (2) weeks of the ratification of this Collective Agreement.

OVERNIGHT SHIFT PREMIUM

Where the majority of an employee•s hours worked fall between 23:00 hours and 07.30 hours, an overnight premium of $0. 75 per hour shall be paid to that employee for all hours worked on that shift.

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APPENDIX "8"

Letter of Understanding # I

Minto one80five 185 Lyon Street North Ottawa, Ontario KlR 7Y4

Dear David Zaltzman,

Re: Application of Articles 25 & 26 to Employees Aged 65 and Older

This shall confirm our understanding that the provision of employment benefits that distinguish between employees on the basis of age does not constitute discrimination under this Collective Agreement provided such distinction is in accordance with the Ontario Human Rights Code and the Employment Standards Act of Ontario and its Regulations.

More specifically, we understand that employees aged 65 and older are not entitled to Long Term Disability. As well, employees aged 71 and older are not entitled to Life Insurance, Accidental Death and Dismemberment, and Health and Dental. At age 70 the benefit for Life Insurance and Accidental Death and Dismemberment shall be a flat sum of $10,000.00.

Trusting this is satisfactory, I remain

Ms. Karen Grella HSTU Local 261 2 - 200 Cooper Street Ottawa, Ontario K2P

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Letter of Understanding#2

The parties agree that they shall meet and discuss how best to address the inflating cost of the Health and Welfare Plan, as required. This Letter of Understanding shall not survive the termination of the Collective Agreement unless specifically renewed.

For: MINTO ONE80FIVE For: HOSPITALITY & SERVICE TRADES

UNION, LOCAL 261

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Letter of Understanding #3

July 22, 2013

Mrs. Marie-Lynn Cox Human Resources Business Partner The Minto Group 180 Kent Street, Suite 200 Ottawa, Ontario KIP 086

Dear Mrs. Cox,

This will confirm the agreement between the Hospitality and Service Trades Union, Local 261 and Minto one80five regarding assignment of overtime hours in the aforementioned establishment.

Notwithstanding section 17 of the Employment Standards Act, the Company may offer overtime to an employee, up to a maximum of sixty (60) hours per work week. No employee, however, shall be required to work in excess of forty eight ( 48) hours in a work week against his or her wishes without written agreement.

Overtime will be scheduled and paid in accordance with the collective agreement and practices in effect as of the date of this letter. The Company shall continue to comply with the terms and provisions of the collective agreement and the Employment Standards Act no addressed in this agreement.

Trusting this to be satisfactory, I remain

Yours Truly,

Karen Grella Secretary Treasurer and Business Manager

cc. all members

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..

Memorandum of Understanding

In the event the Company follows through with its plans to convert the Minto Suite Hotel building into an furnished and unfurnished residences and lay off affected members of the bargaining unit as a direct result of such conversion, the following will apply:

a) Employees will be entitled to notice of termination or pay in lieu of notice, and severance pay (if any) in accordance with the notice and severance pay provisions of the Employment Standards Act;

b) Notwithstanding a) above, no employee will receive less than two (2) weeks pay upon termination of employment.

c) The Company reserves the right to enhance notice ( or pay in lieu of notice) or severance pay at its sole discretion. The Company shall review any enhanced payment with the Union.

d) In the event an affected bargaining unit employee is transferred to an alternate employment opportunity elsewhere, the employee will not be entitled to any compensation under this agreement.

e) Upon ratification of this Collective Agreement, each employee will be entitled to a Signing Bonus of $750.00 to be paid on the same cheque as their retroactive pay.

f) Employees who are affected by this conversion will be entitled to a retention bonus upon successfully completing their notice period. Should the employee find

alternate employment within Minto or voluntarily terminate their employment with the Minto Suite Hotel prior to completing their notice period they will no longer be entitled for this bonus.

g) The Company will have to option to extend the notice period with agreement from the employee. If this situation occurs, the employee will be entitled to the retention bonus for the new notice period.

h) Retention Bonuses will be paid as follows:

Phase 1 Phase 2 Phase 3 Phase 4

Retention Bonus Amount $375.00 $750.00 $1,125.00 $1,500.00

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' .