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COLLECTIVE AGREEMENT

between

THE BATTERY HOTEL AND SUITES

and

NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES

EFFECTIVE: October 1, 2008 to September 30, 2011



THIS AGREEMENT made this day of , Anno Domini, Two Thousandand Nine;

BETWEEN:

Signal Hill Rd. Properties ULC Operating The Battery Hotel and Suites

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLIC AND PRIVATEEMPLOYEES, a body corporate organized and existing under the laws of the Province of

Newfoundland and having its registered office in the City of St. John's aforesaid(hereinafter called the "Union");

of the other part;

THIS AGREEMENT WITNESSETH that for and in consideration of the premises andcovenants, conditions, stipulations, and provisos herein contained, the parties hereto agreeas follows:



TABLE OF CONTENTS

Article: Page Number

1 Object of Agreement 1

2 Scope and Definitions 1

3 Management Rights 2

4 Union Security, Activity and Checkoff 3

5 Union Access 5

6 Grievance Procedure 6

7 Arbitration 8

8 Discipline 9

9 Employee Responsibilities 910 Negotiating Committee 10

11 Seniority 10

12 Layoff, Bumping and Recall 11

13 Hours of Work 12

14 Training Opportunities 15

15 Overtime 15

16 Vacancies and Filling Positions 16

17 Holidays 18

18 Vacations 19

19 Special Leave 21

20 Maternity/ Adoption/ Parental Leave 22

21 Family Responsibility Leave 23

22 Sick Leave 23

23 Bereavement Leave 25

24 Miscellaneous 25

25 Part-time Employees 27

26 Labour Management Relations/Safety Committee 28

27 Health and Welfare Plan 29

28 Sexual Harassment 29



29 The Collective Agreement 32

30 Injury on Duty 33

31 General Items 33

Schedule A: Salaries 36

Schedule B: Classifications and Protected Positions 37

Memoranda of Understanding 38

Letter 40



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Article 1: OBJECT OF THE AGREEMENT

1:01 It is mutually agreed that the purpose and intent of this Agreement is topromote co-operation and harmony, to recognize mutual interests, to providea channel through which information and problems may be transmitted from

one to the other, to formulate rules and to govern the relationship betweenthe Union and the Company, as well as to govern wages, hours and workingconditions.

1:02 It is further agreed that development of the proper relationship can only beachieved and maintained by a reasonable and sensible approach to anysituation, at the same time recognizing that the best possible workingconditions are the objective of both parties, but also realizing that the thinkingin the matter must, in an overall way, be properly related to competitors andto local conditions.

Article 2: SCOPE AND DEFINITIONS

2:01 Non-Union Employees* The Employer recognizes the Union as the sole and exclusive bargaining

agent for all its employees save and except the General Manager, Controller,Assistant Manager, Chef, Sous Chef, Kitchen Supervisor, AccountAssistant/Assistant Controller, Confidential Secretary, Room DivisionSupervisor, Restaurant Supervisor, Catering Co-ordinator, ExecutiveHousekeeper, Marketing/Sales Manager and Tour Co-ordinator.

2:02 For the purpose of this Agreement:

(a) Full time employees - are defined as those employees who workregularly twenty-four (24) hours per week or more.

Part-time employees - are defined as those employees who workregularly less than twenty-four (24) hours per week.

Computation of the above definitions shall be calculated each year onthe average of the twenty-six (26) weeks preceding September 1.

(b) ABargaining unit@ means the bargaining unit recognized inaccordance with Article 2, Clause 2:01.

(c) AClassification@means the identification of a position by reference toa classification title and a pay range number.



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(d) ADay@ means a working day unless otherwise noted in theAgreement.

(e) AEmployee@ or Aemployees@ means any person employed to do

work in a classification which falls within the bargaining unit.

(f) AEmployer@ or ACompany@ means the Signal Hill Road Properties

ULC operating premises known as The Battery Hotel and Suites,located at Signal Hill, St. John=s, Newfoundland.

(g) AHoliday@ means the twenty-four (24) hour period commencing at12:01 a.m, on a calendar day designated as a holiday.

(h) ALayoff@ means the cessation of employment of an employee

because of a lack of work or the abolition of a post, but retaining all

recall rights in accordance with Article 10 - Seniority.

(i) ALeave of absence@ means the absence from duty with thepermission of the Employer.

(j) ASchedule@means in writing and posted in an accessible place to allemployees.

(k) AUnion@ means the Newfoundland and Labrador Association ofPublic and Private Employees with headquarters in St. John=s.

(I) AVacancy@ means an opening which is either full time or part-time.

(m) AWeek@ means a period of seven (7) consecutive days starting at12:01 hours Sunday morning and ending 2400 hours on the followingSaturday night.

(n) AYear@ means a calendar year.

(o) ARoom Count@ means the number of rooms occupied.

Article 3: MANAGEMENT RIGHTS

3:01 The Union agrees that it is the exclusive right of the Company to manage theenterprise in which it is engaged. except as specifically abridged or modifiedby the express provisions of this Agreement and without limiting the



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generality of the foregoing, the Company shall have the right to:(a) maintain order, discipline and efficiency;

(b) operate and manage its business and direct the work force inaccordance with its commitments and responsibilities;

(c) determine the work to be performed and establish standards,methods, procedures and schedules of operations:

(d) determine the qualifications, select, hire, transfer, promote, demote,classify, lay off, suspend and discharge or otherwise discipline anyemployee for just cause and to increase or decrease working forces;

(e) maintain reasonable rules and regulations to be observed byemployees provided that rule changes and regulations are posted inthe employees= lunchroom and in a conspicuous location in close

proximity to the employees=

punch clock;

(f) all matters concerning the operation of the Company=s business notspecifically dealt herein shall be reserved to be the management=ssole responsibility;

(g) the exercise of the foregoing rights shall not supersede the otherspecific provisions of the Agreement and this Clause shall not preventthe processing of grievances under such other specific provisions.

(h) for the months of January, February and March only, perform work to

enable Front Desk Staff to take their meal and rest breaks. The Company agrees that management=s rights referred to in this Articleshall be exercised in a manner fairly and reasonably, and consistent with theterms of this Agreement.

Article 4: Union Security, Activity and Checkoff

4:01 * Recognition of Union as Exclusive Bargaining Agent

The employer recognizes the Union as the sole and exclusive bargainingagent for the employees in the bargaining unit described in the Certificationissued under the labour laws of the Province of Newfoundland and Labrador.

4:02 Checkoff Payments



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a) The Employer shall deduct from every employee coming within thebargaining unit the monthly dues and initiation fees of the Union.

b) The Company agrees to deduct one (1) month Union dues from thepay of such employee and thereafter the Company agrees to deduct

monthly Union dues during each calendar month of the employee=sservice with the Company during the term of this Agreement. Saidfunds collected, together with a list of the employees from whomdeductions were made, will be mailed by the Company to theSecretary-Treasurer of the Union no later than the fifteenth day ofeach following month during the term hereof.

c) The Union shall indemnify and save harmless the Company from anyand all claims by employees resulting from the deduction of dues andinitiation fees as aforesaid.

4:03 Membershipa) All present and new employees, as a condition of employment, shallmaintain Union membership in good standing.

* b) For the purpose of this Article, the term Agood standing@ refers onlyto the payment of Union membership dues and initiation fees.

4:04 Introduction of New Employees to the UnionThe Employer agrees to acquaint new employees with the fact that aCollective Agreement is in effect. At the time of hiring, the Employer willintroduce new employees to their Local Union representative so that they

can be advised of the terms and conditions set out in the Agreement.

4:05 DiscriminationExcept as provided herein, the Employer and the Union agree that there willbe no discrimination against any employee because of race, colour0 creed,nationality, place of origin, physical disability, sex, marital status, sexualorientation, age, membership or activity in the Union.

4:06 Performance of Bargaining Unit Work(a) Any person not in the bargaining unit shall not perform any work

which is included in the bargaining unit except for the purpose of

instructing, emergencies, or when regular employees are notavailable.

(b) Notwithstanding Clause 4:06(a), the Employer may provide studentsfrom recognized hospitality programs with opportunity for trainingplacements. Students will not replace existing staff and no employee



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will lose wages, hours of work or benefits as a result of such studenttraining placements.

4:07 No Other AgreementNo employee shall be required or permitted to make a written or verbal

agreement with the Employer or his/her representative which may conflictwith the terms of this Agreement.

4:08 Bulletin BoardsThe Union shall have the right to post notices on bulletin boards designatedby the Company for use of employees and at time clocks. Such notices shallonly be posted in respect to official Union business.

Article 5: UNION ACCESS

5:01 The Right of Union AssistanceEmployees have the right to have the assistance of the representative of theUnion on all Collective Agreement matters relating to the Employer/ employee relationship.

5:02 Representation at Work Performance MeetingsWhere an employee is required to meet with management and suchemployee=s conduct or work performance results in a warning, discipline,suspension or discharge, such employee shall only be required to meet withmanagement or representative of management if accompanied by at least

one (1) member of the Union Executive or a Shop Steward.

5:03 Employer Recognition of Shop StewardsThe Employer will, upon written notification from the Union, recognizeStewards appointed by the Union.

5:04 Approved Leave for Union Representativesa) Every Steward and Officer of the Union who is an employee shall be

allowed such time off as may be necessary to enable him/her toattend those appointments with management personnel at whichhis/her presence is required under any provision of this Agreement

and every employee who is a necessary witness at a Grievancemeeting or at a Grievance Arbitration Hearing, established under thisAgreement shall be allowed such time off as may be necessary toenable him/her to give evidence at such hearing. The allowing of anysuch time off shall, however, be subject to the employee havingobtained permission from his/her immediate Supervisor to leave



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his/her work. Such permission shall not be unreasonably withheld andall such time off during an employee=s regular working hours shall bewithout loss of pay. Where an employee has been allowed time off asmay be necessary to enable him or her to give evidence at suchhearing during an employee=s regular working hours, the party calling

or subpoenaing the employee as a witness shall be responsible tocompensate the employee for any loss of pay.

* b) Shop stewards and members of the local executive shall suffer noloss in pay for time reasonably spent processing grievances. It isagreed that shop stewards and members of the local executive shallnot absent themselves from their work location for the purpose ofhandling grievances without first obtaining the permission of theManager (or his/her designate) which permission will not beunreasonably withheld.

5:05 Provision of Meeting RoomsThe Employer will provide, whenever available, a meeting room to be usedby employees and Stewards in the Grievance Procedure.

Article 6: GRIEVANCE PROCEDURE

6:01 Any difference concerning the interpretation, application, administration oralleged violation of the provisions of this Agreement, or should an employeebelieve he/she has been unjustly dealt with, may be dealt with through the

Union in the following manner:

(a) Step 1The employee and Steward shall discuss the matter with theemployee=s Department Manager. Such discussion shall take placewithin seven (7) days of the employee=s awareness of the incidentgiving rise to the grievance. The Department Manager shall inform theemployee and Steward of the disposition of the grievance withinseven (7) days after the said discussion. In the event the DepartmentManager is unable to resolve the grievance1 the Shop Steward may inthe first instance file the grievance at Step 2.

(b) Step 2Failing satisfactory settlement at Step 1, the Union GrievanceCommittee may submit the grievance to the Hotel General Manager,or his/her appointee, in writing not later than seven (7) days after thereply is received in Step 1. The Hotel General Manager shall render a



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decision within seven (7) days following receipt of the grievance.

(c) Step 3Failing satisfactory settlement at step 2, either party may, within seven

(7) days of the Hotel General Manager=s decision at step 2, submitthe matter to internal mediation to see if a settlement can be reached.

(d) Step 4Failing satisfactory settlement, either party may submit the matter toarbitration. Before scheduling a grievance for arbitration the partieswill refer the matter to the grievance mediation service of theDepartment of Environment and Labour.

(e) For the purpose of filing grievances, the Employer shall recognize thatscheduling conflicts occur when time limits are necessary. So for

employees and their representatives who have overlapping andconflicting schedules, time shall be availed to the representative, withprior notice so as to not interfere with the duties of the employeeduring working hours, to process a grievance.

6:02 Mandatory Time LimitsUnless time limits in this Article are waived by mutual consent, failure to meetsame by the Union shall be fatal to the grievance. If the Employer fails tomeet the time limits, without extension by mutual consent, the grievanceshall be deemed to be upheld.

6:03 Grievance Committee Membersa) Union Representatives on Grievance CommitteesThe Steward who initiated the complaint or grievance and the highestranking Officer of the Union employed by the Employer (or his/herdesignated representative) shall be members of the GrievanceCommittee.

b) The Company acknowledges the rights of the Union to appoint orotherwise select a Grievance Committee made up of the Unionmembers with only one (1) individual being taken from any oneDepartment. The Union will notify the Company, in writing, of thenames of the members of the Committee and any changes thereto.

6:04 Number of Grievance Committee MembersThe Company will recognize and deal with such Committee, but in no casewill they meet with more than two (2) members at any one time concerning agrievance.



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6:05 Group, Union and Policy GrievancesA group, Union or policy grievance shall be submitted at Step 2.

6:06 Termination Grievanceslf a discharged employee who has completed his/her probationary period,

feels he/she has been discharged without cause, he/she shall submit agrievance in writing at Step 2 of the Grievance Procedure.

Article 7: ARBITRATION

7:01 If either party, following the exercise of the Grievance Procedure, wishes tosubmit a matter to arbitration, it shall give the other party written notice of itsintention. All grievances referred to arbitration shall be submitted to a singleArbitrator. The parties will attempt to select the Arbitrator within thirty (30)

days of notice from the panel of Arbitrators provided by the Newfoundlandand Labrador Labour Management Committee. Failing agreement, eitherparty may apply to the Minister of Environment and Labour who shall havethe power to affect such appointment. The parties may by mutual agreementsubmit the matter to an Arbitration Board. Notice is to be given, in writing,within 14 calendar days. Should notice fail to be given it shall be deemedfatal to the grievance.

7:02 After the Arbitrator or Arbitration Board, as the case may be, has beenappointed by the foregoing Procedure, he/she or it shall endeavor toconvene a meeting as soon as possible with both parties present, to deal

with the matters in dispute. After hearing the evidence of both parties, theArbitrator or Arbitration Board, as the case may be, shall endeavor to rendera decision as soon as possible following such meeting.

7:03 Whenever the incident giving rise to the grievance includes a loss ofearnings or loss of benefits, the Arbitrator or Arbitration Board, as the casemay be, is empowered to order that such loss or part of such loss shall bereimbursed or restored to the employee(s), provided that the Arbitrator findsthat such mitigation of loss is warranted based upon the facts submitted inevidence. In a case involving a discharge or suspension, the Arbitrator orArbitration Board, as the case may be, is empowered to order a reduced

penalty if he/she or it considers such reduction is justified on the basis of allevidence submitted.

7:04 The majority decision of the Arbitration Board shall be final and binding uponboth parties. Failing a majority decision, the decision of the Chairperson shallbecome the decision of the Board.



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7:05 The Arbitrator or Arbitration Board, as the case may be, is not authorized toalter, modify, add to or remove any part of this Agreement.

7:06 The cost of appointees shall be borne by the respective parties and the costof the Chairperson shall be paid equally by the parties to the arbitration.

7:07 Following notification of arbitration by either party, the time limits imposed bythis Arbitration Procedure are directory or as a guideline only, and nogrievance will become time barred merely because of a delay in convening orrendering a decision by the Arbitrator or the Board as the case may be.

Article 8: DISCIPLINE

8:01 Employee Discipline

* a) Any employee who is disciplined, discharged or suspended shall beprovided with written notification within seven (7) days of the discoveryof the incident, unless mutually agreed otherwise. Such writtennotification shall state the reason for discipline, discharge orsuspension. If this procedure is not followed, the discipline shall benull and void.

* b) Any and all adverse reports shall be removed from the employee=sfile after a period of twelve (12) months has passed provided theemployee has not been given another warning or reprimand relatingto the same or similar offence. The employee shall be responsible to

see that any such documents are removed.

Article 9: EMPLOYEE RESPONSIBILITIES

9:01 Employee Change of Address/ Telephone NumberIt is the responsibility of each employee to notify the Company, in writing, ofany change in his/her address and/or telephone number. Failure to keep theCompany informed of the above matters will relieve the Company of anyresponsibility for failure to comply with any part of this Agreement where

such information is necessary in order to comply.

9:02 Employee PerformanceThe employees shall abide by reasonable rules and regulations of theCompany in regards to punctual and steady attendance, proper andsufficient notification in case of absence, and conduct on the job.



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Article 10: NEGOTIATING COMMITTEE

10:01 Composition of Negotiating CommitteeThe Negotiating Committee of this Agreement shall consist of three (3)employees who are members of the bargaining unit. The Company agreesthat such employees shall not suffer any loss of pay for time spent at suchmeetings.

10:02 Notice of Negotiating Committee MembersThe Union shall advise the Company (Manager), in writing, of the names,addresses and telephone numbers of all Stewards and Committee membersand changes thereto.

Article 11: SENIORITY

11:01 Definition and Application of SenioritySeniority is defined as the length of service with the Company in thebargaining unit from the date of most recent hire and shall be applied in thefollowing manner:

(a) for the purpose of layoff and recall, seniority shall be applied withinDepartments as listed in Schedule AA@;

(b) for the purpose of promotion, seniority shall be applied on abargaining unit wide basis where the qualifications of the job postingare met and the ability of the candidates are relatively equal;

(c) When considering layoff, recall and promotion, if two or moreemployees have the same seniority date, seniority shall bedetermined by drawing the employees names from a hat, with the firstname drawn being the most senior and the last name drawn being theleast senior.

11:02 * Probationary Employees

An employee shall be considered on probation and will not be placed on theseniority list until he/she has completed sixty (60) shifts or eighteen (18)months of continuous service for the Company, whichever comes first. Aftercompletion of his/her probationary period, the employee’s seniority shall dateback to the date of first employment.

11:03 Loss of Seniority



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An employee=s seniority shall be forfeited and his/her employment deemedto have been severed for any of the following reasons:

(a) if he/she voluntarily resigns;(b) if he/she is discharged for just cause and is not re-instated;

(c) if he/she has been absent for any reason without permission for aperiod of three (3) days without written leave of absence, unless suchabsence is due to reasonable cause;

(d) if following a layoff an employee fails to return to work within seven (7)calendar days after receiving notice by registered mail.

(e) if he/she has been laid off for a period of more than twenty-four (24)months.

(f) An employee who fails to be available for work when called more thantwice in a six (6) month period.

11:04 Posting of Seniority Lists

Seniority lists will be posted on April 1

st

and October 1

st

of each year. Suchlists shall show an employee=s name, position, Department, full or part-timedesignation and seniority date. One (1) list will also be supplied to the UnionOffice.

11:05 Continuous Service BonusEffective date of signing of this Agreement, an employee who has completedtwenty-five- (25) years or more of continuous service with the Company will,in addition, to their vacation entitlement under Article 18, receive a cashbonus of five hundred dollars ($500).

Article 12: LAYOFF, BUMPING AND RECALL

12:01 Notice of LayoffThe Employer agrees to provide employees with layoff notices in accordancewith the Labour Standards Act. Bumping will take place within the layoffnotice period. The affected employee will provide a minimum of forty-eight(48) hours= notice of his/her intention to bump.

12:02 Role of Seniority in Layoffs

In the event of a layoff in a Department, employees shall be laid off in thereverse order of seniority by classification provided those employees beingretained are qualified and able to perform the required work.

12:03 Bumping Rightsa) Any employee whose position becomes abolished shall have the right

to exercise his/her seniority to any Department bumping a junior



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employee, providing he/she has the qualification and ability to performthe work, and his/her rate of pay shall be as per the new position.Employees who exercise their seniority in accordance with theprovisions of this Clause shall take this seniority with them to theDepartment to which they transfer and forfeit their seniority in their

former Department.

b) For the purpose of this Clause Aabolishment@ is to be interpreted as:Where an incumbent does not work on his/her position for a period ofninety (90) days or in the case of Department closure, the positionshall be considered abolished. A position will not be consideredabolished where an employee vacates a position of his/her ownaccord or because of injury or illness.

c) Laid off employees shall be given the opportunity to bump less senioremployees in other Departments provided that they are qualified and

able to perform the duties of the position affected, they are notbumping a position which is protected as outlined in Schedule AB@ and that all employees in that Department are employed and havereceived maximum hours and provided also that they return to theiroriginal position and Department on recall.

12:04 Recall* (a) When recalled, an employee will be required to report to work within

seven (7) calendar days.

(b) Laid off employees will be eligible for recall to other Departments

under the following conditions:

(i) they are qualified and able to perform the duties of theposition;

(ii) all other employees in the affected Department are employedand will receive maximum hours;

(iii) any service worked will count for seniority purposes on aCompany wide basis but the employee will be initialized on theDepartment list for the position they are recalled to;

(iv) a refusal of recall to another Department will not adverselyaffect the employee=s recall right to the Department from

which they were originally laid off; and(v) they have informed the departmental supervisor(s) of theirintention to be placed on the call-in list in other departments.

Article 13: HOURS OF WORK



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13:01 The hours of work for all regular full time employees classified underSchedule AA@ shall not exceed eight (8) hours per day unless mutuallyagreed otherwise, and eighty (80) hours per two (2) week pay period.Overtime requiring employees to work more than seven (7) consecutive days

shall be voluntary. Overtime pay for employees shall only commence aftereight (80) hours in any two (2) week pay period.

13:02 Schedules of Work(a) The working schedule shall be posted three (3) days in advance. The

work schedule is subject to change based on volume of business,subject to Clauses 13:05(a) and 13:05(b). When the posted scheduleis changed, management will notify those employees affected bytelephone, giving as much notice as possible.

(b) Consideration for shifts shall be given to employees in accordance

with their seniority. (See attached Memorandum of Understanding)

(c) The Employer and the Union agree that the Employer will, wherereasonably practical, ensure that all full time employees are receivingfull time hours before employees receive overtime hours.

(d) The Employer and the Union agree that the Employer will, wherereasonably practical, ensure that all full time employees are receivingfull time hours within their classification before part time employeesreceive call-in hours.

13:03 Break PeriodsFor every four (4) consecutive hours on a shift in a twenty (20) hour period,an employee shall be entitled to one (1) fifteen (15) minute coffee break. Forevery eight (8) consecutive hours on a shift in a twenty-four (24) hour period,an employee will also be allowed thirty (30) minutes in which to eat duringtheir working shift without deduction of pay. It is agreed that the provision ofthis Clause shall be strictly enforced and when necessary, employees shallbe relieved in order that they may enjoy their break periods.

13:04 Minimum Hours Per ShiftAn employee who reports for duty on his/her regular day shall be permittedto complete at least four (4) hours of his/her working day, unless hi/she laysoff on his/her own accord with the permission of the Manager or his/herdesignate, in which event the employee shall be allowed actual time workedat his/her rate of pay.

13:05 Days of Rest



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During the term of this Agreement, employees shall be entitled to thefollowing days off with the position that the employees may agree to waivetheir days off for the purpose of maximizing their hours, however, suchwaiver shall not result in a guarantee of hours or entitled an employee toovertime hours:

(a) Employees shall be entitled to two (2) days off duty each week andsuch days off duty shall, whenever practicable, be consecutive, unlessmutually agreed otherwise.

(b) Employees may, on forty-eight (48) hours= notice, be required to workone (1) of their assigned days off.

(c) The Company will endeavor to give regular full time employees everysecond weekend off. Notwithstanding Clause 13:05 (a) and (b) theCompany will schedule regular employees off one (1) weekend in

three (3).

(d) Subject to the availability of work, part-time employees will berequired to work weekends during the busy season but part-timeemployees will be scheduled off one (1) weekend a month.

(e) Notwithstanding the above, the Employer understands the need of theemployee from time to time to require a shift change. Such shiftchanges are acceptable provided the change is approved by theDepartment Supervisor, of which approval will not unnecessarily bedenied.

13:06 Work Performed in a Different ClassificationEmployees who apply for or request to work in a lower rated classification willwork at the rate of that classification. An employee, who managementtemporarily assigns to a lower rated classification will not have his/her ratereduced and an employee temporarily assigned by management to a higherrated position will be paid the rate for the higher classification for the time sooccupied.

13:07 Temporary AssignmentAn employee who is required to fill a temporary vacancy or temporaryposition shall, at the expiration of such temporary employment, be returnedto his/her regular position.

13:08 Split ShiftsThere shall be no split shifts except where the Employer and the employeemutually agree.



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13:09 Rest Between ShiftsThere shall be eight (8) hours off between shifts, unless mutually agreedbetween the employer and the employee.

13:10 Additional Hours for Full-time EmployeesFull time employees who work less than eight (8) hours in a day or eighty(80) hours in a two (2) week pay period shall be given preference, if qualifiedand able, for working additional hours in seniority order in their ownDepartment first, then in other Departments after all employees holdingseniority in those Departments have been given the opportunity of workingavailable hours.

Article 14: TRAINING OPPORTUNITIES

It is the Company=s intention not only to require efficiency but to promote the efficiency ofits employees and wherever possible, to institute and maintain training programs with aview to the selection for advancement of employees who display interest, aptitude andefficiency.

14:01 Employees may be given an opportunity to learn the duties of positions otherthan their own within the Hotel. For this purpose, opportunity shall beafforded in their own time and/or during their regular working hours, providedthat such arrangement does not interfere with the performance of theirregularly assigned duties. The Company may also, for this purpose, makearrangements with employees to exchange positions for temporary periods

of time without effect upon the rates of pay of the employees concerned.

14:02 An employee required by the Company to take training during the normalworking hours will be paid his/her regular rate of pay while in training. Anemployee who is required to take training in addition to working on his/herregular assignment shall be paid for all such combined time in excess ofeight (8) hours at his/her regular hourly rate.

14:03 An employee required by the Company to take training will be paid his/herregular rate of pay while in training.

14:04 * The employer shall provide newly hired stewards with at least 20 hours ofpaid on-the-job training. During the period of training, the new employeesshall not be counted toward the staffing complement for that day.

Article 15: OVERTIME



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15:01 Overtime DefinedFor all actual hours of work performed in excess of eighty (80) hours in a two(2) week pay period, employees shall receive overtime pay at the rate of timeand one-half (1½ ) their regular hourly rate.

15:02 Payment for OvertimeOvertime work shall be paid on the payroll period it is due.

15:03 CalloutsAn employee required to work overtime which is not continuous with, beforeor after, his/her regular hours of work, such overtime shall be considered tobe a Acallout@ and shall be paid for at a minimum of four (4) hours at theemployee=s overtime rate. If an employee is within one-half ( 1/2 ) hour ofpunching out when he/she is requested to work overtime in addition tohis/her regular hours of work, such hours shall be deemed to be continuous

and such employee shall be paid at the overtime rate for the actual hoursworked which are in addition to his/her regular hours of work.

15:04 Overtime Mealsa) A free staff meal selected by management will be provided if an

employee is required to work more than two (2) hours= overtimeimmediately following one (1) shift of eight (8) hours.

b) In the event that an employee who qualifies under this Clause isrequired to take such a meal after the kitchen closes for the day, suchmeal will be made available provided it is ordered thirty (30) minutes

prior to the kitchen closure.

Article 16: VACANCIES AND FILLING POSITIONS

16:01 Vacancies for the purpose of this Agreement shall fall into two (2) categories:(1) openings in full time protected positions, as outlined in ScheduleAB@,

which shall be filled through posting of the lower protected position,after the other protected employee in that classification has advanced,in accordance with Clause 16:02; or

(2) openings in regular assigned positions, newly created classificationsor temporarily assigned positions shall be posted in accordance withClause 16:02. The successful applicant for the temporary position willfill any extension to the position.

16:02 (a) Job Postings



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All vacancies shall be posted on the bulletin board by the time clockfor a period of three (3) days. Any employee who meets thequalifications according to the job posting may apply to the GeneralManager or his designate indicating his/her desire for the position.Appointment shall be made to the senior applicant from within the

bargaining unit provided that he/she is qualified and able to performthe duties of the position. The applications of bargaining unitemployees will be fully processed before the Employer considersoutside applicants.

(b) Reversion to Former PositionThe successful applicant may revert to his/her former position withinthirty (30) days. Any other employee who has been promoted ortransferred in connection with the re-arrangement of positions shallrevert to his/her former position without loss of seniority.

16:03 Transfer of SeniorityAn employee assigned to a position in accordance with Clause 16:02, ifhe/she transfers from one Department to another, shall, subject to Clause16:05, transfer all existing seniority to the new position.

16:04 Composition of PostingsEach posting or bulletin shall show:

(a) classification;(b) position level;(c) rate of pay;(d) effective date;(e) approximate duration;(f) qualifications.

16:05 Employee Performance in a New PositionAn employee assigned by posting to a position shall be given reasonabletime in which to satisfactorily perform all the duties of the job and may bepermitted up to thirty (30) working days to do so. Failing to do-so within thethirty (30) working days shall result in his/her return to his/her former positionor job without loss of seniority.

16:06 Transfer to a Position Outside the Bargaining Unita) In the event that an employee is transferred to a position outside the

bargaining unit, he/she shall maintain his/her seniority for six (6)months. The employee shall not accumulate seniority while outsidethe bargaining unit and shall have the right to return to his/her formerposition at any time within the six (6) month period.



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* (b) An employee is limited to filling a temporary management positiononce (1) within a two (2) year period.

Article 17: HOLIDAYS

17:01 Recognized HolidaysThe Company will grant full time regular employees who have completedtheir probationary period and are not on layoff, a minimum of eight (8) hours= pay for holidays listed below:

New Year=s Day Labour DayGood Friday Thanksgiving DayVictoria Day Christmas Day

Canada Day Boxing DaySt. Patrick=s Day Employee=s BirthdayRemembrance Day

17:02 The above-noted holidays may be taken within thirty (30) days before orthirty (30) days after the statutory holidays as agreed by management. In theevent that such holiday is not given within the said sixty (60) days, theemployee shall be paid one (1) extra day of pay at the regular rate of pay. Ifthe holiday should fall on an employee=s day off or during his/her vacation,the employee will be allowed a lieu day off with pay for that holiday.

17:03 Compensation for Work Performed on a Recognized HolidayWhere a full time employee is required to work on the above holidays orwhere a part-time employee who has met the eligibility requirement works ona statutory holiday, he/she shall be paid at the rate of time and one-half (1½ )the regular rate of pay. This shall not apply if a request is made and grantedunder Clause 17:02.

17:04 Preference to Work on Recognized HolidaysPreference to work on above Holidays shall be granted on Departmentalseniority basis within each Department.

17:05 Eligibility for Recognized Holiday Pay* (a) An employee shall be eligible for holiday pay for any of the abovelisted holidays, other than those which occur during the employee=sannual leave, by:

(a) working on the recognized holiday; or



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(b) working on both the last regularly scheduled shift immediatelypreceding the holiday and the employee=s first regularlyscheduled shift immediately following the holiday; or

(c) working on either the last regularly scheduled shift immediatelypreceding the holiday OR the employee=s first regularly

scheduled shift immediately following the holiday, and being onbereavement leave approved by the employer on one or bothof the two days.

b) Part-time employees who have completed their probationary periodand are not on layoff shall be eligible to receive a holiday pay for theiraverage hours worked where they have worked two (2) shifts in thefourteen (14) calendar days prior to the holiday and two (2) shifts inthe fourteen (14) calendar days after the holiday.

Article 18: VACATIONS

18:01 Calculation of Vacation Leavea) Employees who have worked one (1) year continuous ,service with

the Company shall be entitled to two (2) weeks= vacation with pay,calculated on a basis of four percent (4%) of the yearly earningsended April 30 of each year.

b) An employee who has rendered five (5) years or more continuousservice with the Company shall be entitled to three (3) weeks=

vacation calculated on the basis of six percent (6%) of the yearlyearnings.

c) An employee who has rendered ten (10) years or more continuousservice with the Company shall be entitled to four (4) weeks= vacationcalculated on the basis of eight percent (8%) of the yearly earnings.

d) Effective in 1992, an employee who has rendered twenty (20) years ormore continuous service with the Company shall be entitled to five (5)weeks= vacation calculated on the basis of ten percent (10%) of theyearly earnings.

18:02 Use of Vacation Leave(a) The date for determining the length of an employee=s vacation

in a calendar year shall be the employee=s anniversary date ofemployment with the Company.



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(b) An employee with more than two (2) weeks vacation entitlement shallonly be permitted to take vacation time up to three (3) weeks duringthe Asummer period@, May 15 to October 15 in any year.

(c) All vacation time off for any employee, whether with or without pay,

shall be scheduled in accordance with seniority, subject to themaintenance of an efficient work force.

(d) Employees entitled to more than two (2) weeks= vacation shall havetheir extra vacation scheduled according to seniority at such timesafter all other employees= vacations in the Department have beenscheduled, subject always to maintenance of an efficient work force.

18:03 Payment for Holidays While on VacationIf a paid holiday, as per Clause 17:01, should fall on a day when anemployee is on vacation, he/she shall receive an extra day of vacation or an

extra day of pay in lieu of said day. However, the employee shall notifymanagement prior to the start of the holiday as to how he/she wishes toreceive payment.

18:04 No Carry-Over of VacationVacation credits shall be non-cumulative from year to year except insituations where an employee=s request for vacation dates during thecurrent year cannot be accommodated.

18:05 Vacation PaymentWhere an employee takes vacation in accordance with Clause 18:01, the

employee shall be paid vacation pay immediately prior to taking his/hervacation. Where an employee requests vacation pay without time off, thevacation pay request shall be made fourteen (14) days in advance and canonly be requested once per six (6) month period.

18:06 Payment of Vacation Upon TerminationAn employee terminating his/her employment at any time in a vacation year,before such an employee has had vacation, shall be entitled to a pro-ratedamount of salary and wages in lieu of such vacation as referred to in Clause18:01.

18:07 Selection of VacationForms to denote vacation preferences will be circulated to employees prior toJanuary 31st of each year. Deadline for such submissions to ensure senioritypreference is April 1st of each year. Vacation schedules will be posted notlater than April 30th. Where an employee fails to state a vacation preferencein accordance with this Article, a vacation request shall be made at leastseven (7) days in advance.



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18:08 Leave for Computation of VacationProvided an employee has been gainfully employed at the Hotel during thecalendar year, time off duty on account of bona fide illness, injury, to attendCommittee meetings, called to Court as a witness or for jury duty, not

exceeding a total of seventy-five (75) working days in any calendar year shallbe included in the computation of service for vacation purposes.

Article 19: SPECIAL LEAVE

19:01 Leave of Absencea) The Company may grant leave of absence to the employee for just

cause, and any such employee who is absent with such writtenpermission. which shall not be unreasonably withheld, shall not beconsidered to be laid off and his/her seniority will continue toaccumulate during his/her absence, provided that his/her name shallbe removed from the seniority list it he/she does not report for duty at

the expiry of the period of leave of absence. On return from said leaveof absence the employee has thirty (30) working days to satisfactorilyperform all the duties of the assigned job. Failure to do so wouldresult in loss of seniority.

* b) The Company shall deal with multiple requests based on operationalrequirements within each department. If necessary, the employershall begin departmental lists on which employees requesting leavewill have their names placed. Leave shall be granted subject tooperational requirements in the order that leave is requested.

c) Except as otherwise provided, leave of absence to the extent grantedby the Company shall be without pay.

19:02 Union LeaveLeave of absence to attend Union Conventions shall be granted without payto any employee who is elected by the Union as a delegate to attend aLabour Convention, provided that notice of two (2) weeks is given to theCompany. and provided that not more than one (1) employee is absent fromany Department.

19:03 Accumulation of Seniority during Special Leave

Employees will continue to accumulate seniority during such leaves ofabsence. Upon return from such leaves of absence, employees shallresume their former positions at the current rate, provided they have theability to perform the work in question.

19:04 Early Return to Work from Special Leave



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Should an employee wish to return to work prior to the expiry date of his/herrequested leave under this clause, he/she shall apply for early return to workto the Manager, in writing, at least two (2) weeks before the date he/shewishes to return to work. Such early return shall not be unreasonably denied.

19:05 Leave of absence will not be granted for the purpose of allowing anemployee to take another position temporarily, try-out new work or ventureinto business for him/herself except by mutual agreement between theparties concerned.

19:06 Leave for Jury DutyEmployees shall be entitled to a leave of absence for jury-duty in accordancewith The Jury Act of the Province, with the maximum payment being inaccordance with the employee=s regular straight time hours. Should theemployee choose to work shifts during their jury responsibility, jury pay willbe reduced accordingly.

19:07 Compassionate leave will only be granted with the permission of the GeneralManager. Such leave must be pre-approved ten (10) days in advance,except in cases of emergency.

Article 20: MATERNITY/ ADOPTION/ PARENTAL LEAVE

20:01 Maternity/ Adoption/ Parental Leave DefinedMaternity/ adoption/ parental leave shall be defined as a period where an

employee can demonstrate he/she was on leave related to the birth ofhis/her child or the adoption of his/her child.

20.02 * Employees who plan to avail of unpaid maternity/ adoption/ parental leaveshall notify the Employer of this intent prior to the expected delivery date or,in cases of adoption, the receipt date of the adopted child. Leave under thisArticle shall not be denied.

20:03 An employee is entitled to a maximum of fifty-two (52) weeks unpaid leaveunder this clause. However, the Employer may grant special leave withoutpay when the employee is unable to return to duty after the expiration of this

leave.

20.04 Periods of maternity/adoption/parental leave shall count for service forannual leave and sick leave.

20:05 * Accumulation of Seniority During Periods of Maternity/ Adoption/ Parental



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LeaveEmployees will continue to accumulate seniority during Maternity/ Adoption/ Parental Leave. Upon return from leave, employees shall resume theirformer positions at the current rate, provided they have the ability to performthe work in question.

20:06 * Early Return to Work from Maternity/ Adoption/ Parental LeaveShould an employee wish to return to work prior to the expected end date ofhis/ her requested leave under this article, he/ she shall apply for an earlyreturn to work to the Manager in writing, at least two (2) weeks before thedate he/ she wishes to return to work. Such early return shall not beunreasonably denied.

Article 21: FAMILY RESPONSIBILITY LEAVE

21:01 Family Leave DefinedWith the approval of the Employer, full time employees may be grantedfamily responsibility leave with pay in the current year not exceeding three (3)days to attend to the following:

(i) the temporary care of a sick family member;(ii) needs related to the birth of the employee=s child;(iii) medical or dental appointments for dependent family members;(iv) meetings with school authorities or adoption agencies;

(v) needs related to the adoption of a child;(vi) home or family emergencies; or(vii) personal emergencies.

21.02 Unused Family LeaveFamily responsibility leave shall not be cumulative from year to year,however, full time employees who qualify for family responsibility leave underparagraph (a) and avail of no family responsibility leave during a calendaryear will receive two (2) days= pay on December 15

th.

21.03 Family Leave for Part-Time Employees

With the approval of the Employer, part time employees may be grantedfamily responsibility leave with pay in the current year in accordance withparagraph (a) above pro-rated based upon the number of weeks worked inthe previous calendar year. Part time employees shall not be entitled topayment for unused family responsibility days.



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Article 22: SICK LEAVE

22:01 Accumulation of Sick LeaveFull time employees shall be entitled to accumulate sick leave at a rate of

one-half (1/2) day per month of active service.

22:02 An employee who uses his/her sick leave shall receive, for each day absent,a payment equivalent to the regular wages he/she would have received hadhe/she worked on that day according, to his/her work schedule.

22:03 Notice to the Employer of IllnessIn the case of sickness, the employee must notify the immediate supervisoras soon as possible on the first day of absence and at least three (3) hoursprior to beginning of his/her shift.

22:04 Sick Leave During Other Periods of LeaveSick leave shall not be paid to employees on vacation, maternity leave or onany other leave contemplated by this Agreement. Sick leave shall not be paidfor any illness or accident which is compensable under Workers= Compensation.

22:05 Unused Sick LeaveEmployees have the option to be paid or accumulate the balance of anyunused sick leave credits as of December 1

ston the following basis.

Employees who choose to receive payment for unused sick leave creditsshall be entitled to receive payment for 2 of the sick leave credits they have

accumulated but not used in the current year, to a maximum of 3 days.Payment of sick leave credits shall be paid on December 15th

to eachemployee who so chooses. Employees who choose the option to accumulatethe balance of unused sick leave credits into the next year shall not beentitled to receive payment for these days in the future but shall have accessto the accumulated days under the sick leave provisions of this Agreement.Employees shall be entitled to accumulate a maximum of 10 days in theirsick leave bank but shall not be entitled to payment for accumulated sickleave upon termination of employment.

22:06 Provision of Medical Documentation

Before receiving sick leave with full- pay, an employee may be required toproduce a medical certificate for an illness in excess of three (3) consecutiveworking days. In cases of suspected abuse, shown by an established patternof sickness, the Employer reserves the right to request a medical certificatefor any period of illness.

22:07 Choice of Physician



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An employee shall have the option of being attended by a doctor of his/herchoice and under no circumstances will an employee be penalized in anyway by the Employer for exercising his/her option of being attended byhis/her personal physician.

Article 23: BEREAVEMENT LEAVE

23:01 In cases of bereavement in an employee=s immediate family, the employeeshall, on application, be granted up to ten (10) days= absence with amaximum of three (3) days of absence without loss of pay, where theemployee is required to travel more than 300 km one way to attend thefuneral they shall be entitled to an additional day off with pay, in the followinginstances:

* (a) Death of a father, step-father, mother, step-mother, spouse, whichshall include an employee=s common-law spouse or person of thesame sex living as a spouse, child, step-child, brother, step-brother,sister, step-sister, father-in-law, mother-in-law, grandparents. Death ofa child, brother, sister, father or mother of an employee’s spousewhich shall include an employee’s common-law spouse or person ofthe same sex living as a spouse, as defined in this Article.

(b) If the bereavement leave coincides with a day on which the employeewould not normally be paid, no payment for such day shall be madeby the Company.

(c) Compensation will not be paid to an employee for any part of theleave period during which he/she would not normally be scheduled towork.

(d) In the event of a death in the family of an employee, the employee, toqualify for paid leave under (a) and (b), must notify the Employer onthe date of death of such relative or on the first working day ofintended absence following the date of death.

Article 24: Miscellaneous

24:01 Staff Areas



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The Employer shall provide a suitable, clean staffroom which employeesmay utilize for break periods and meal periods. Suitably clean washroom,change room and locker facilities will also be provided for employees.

24:02 Uniforms/ Work Attire

(a) Whenever the Company requires that an employee should weara particular type of uniform in order to discharge duties, the Companyshall provide two (2) sets to all full time employees and one (1) set topart-time employees, of suitable, comfortable uniforms to be agreedupon jointly by the Company and Union, which may be worn in winterand summer, and keep in repair said uniforms, free of chargeprovided, however, that the employee shall be responsible forreplacement, repair and/or cleaning caused by misuse of the uniformsby the employee. The Company and the Union agree with the presentarrangement which allows the employees to take their uniforms homefor cleaning. Where the Company requires an employee to wear a

name tag, such shall be supplied free of charge.

* (b) Where, for Occupational Health & Safety reasons, the Employerrequests an employee to wear protective footwear, the Employer shallprovide one (1) pair of safety boots valued at $75.00 for eachemployee affected.

(c) The following clothing shall be provided by the Employer to theRecreation Attendant(s)/Lifeguard(s) on an annual basis:

(1) two (2) t-shirts;(2) two (2) pairs of shorts;(3) two (2) swimsuits; and(4) one (1) pair of deck shoes.

24:03 Cash Register ProtocolNo Supervisor shall be permitted to go into an employee=s cash without theemployee being present at the time the Supervisor performs the check.

24:04 Employee Patronage of Employer=s PremisesEmployees may be permitted to patronize the facilities of the Hotel once theyhave received permission from the Manager or his designate. Permission to

patronize will not be unreasonably denied.

24:05 Weather Conditions: Inability to Return HomeWhere, because of weather conditions, employees are unable to return totheir homes, such employees will be given suitable meals andaccommodation until such time as they are able to return to their homes.



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24:06 Provision of Meals During Eight-Hour Shifts(a) All employees will be given a meal, at cost, for each eight (8) hour

shift from a choice of two (2) meals selected by management.

(b) In the event that an employee who qualifies under Clause 24:06 (a) is

required to take such a meal after the kitchen closes for the day, suchmeal will be made available provided it is ordered thirty (30) minutesprior to the kitchen closure.

24:07 Facilities for Local Union MeetingsWith the written approval of the Employer, a suitable meeting room shall bemade available to the Local Union for their monthly meetings at no cost tothe Local provided a room is available.

24:08 Protective Clothing Provided by the Employer

Suitable protective clothing shall be provided at the front desk and backentrance for the use of Porters and Kitchen employees. A winter jacket, hatand gloves will be made available for staff who are required to do some snowremoval.

24:09 Staff FundEmployees coming within the scope of this Agreement will have equal voiceand control over the administration of the employee=s Staff Fund.

24:10 Gratuitiesa) Gratuities for baggage handling for bus tours are to be paid to the

Steward who delivers such service.

* b) Gratuities earned by an employee within a pay period shall be paid tothe employee within two weeks of the end of that pay period.

24:11 Staff Meetings Falling Outside Regularly Scheduled HoursNotwithstanding any other Article of the Collective Agreement, the Union andthe Employer agree that where an employee is required to attend a staffmeeting called by the Employer, which staff meeting is not held during theirworking hours, the employee shall be entitled to receive a minimum of two(2) hours= pay for attending the staff meeting.

24.12 Housekeepers and Stewards are permitted to keep beer and empty beerbottles left in the room. The Company is to be notified when such items arebeing removed from the Hotel.



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Article 25: PART-TIME EMPLOYEES

25:01 Regular part-time employees available for recall to the Employer shall beentitled to receive sick leave and bereavement leave on a pro-rated basisbased on the actual time worked by such employees.

For the purpose of this Clause, regular part-time employees shall be definedas those employees who regularly worked at least sixteen (16) hours in thefourteen (14) day period preceding the sixteen (16) hours in the fourteen (14)days following.

25:02 The Company wiIl restrict part-time employees from any interference with theregular hours of work of the regular full time employees.

25:03 The parties recognize that staffing levels fluctuate due to the demands onthe business. Part-time employees are expected to be available for work andare expected to report for work when called. The only exceptions for failure

to report for work will be sickness substantiated with a medical note, workingat other employment for a longer duration, or other just cause. Part-timeemployees will be called for work in order of seniority.

Article 26: LABOUR MANAGEMENT RELATIONS/SAFETY COMMITTEE

26:01 (a) The Company and the Union agree to establish and maintain aLabour Management Relations Committee consisting of at least three(3) representatives of the Union (with only one (1) person from any

one (1) Department being represented) and at least three (3)representatives of Management. The object of this Committee shallbe to provide and facilitate co-operation and participation in bringingforth a means of improving and maintaining harmonious relationsbetween the Company and the employees and to discuss matters ofmutual interest or concern.

These meetings will be held once per month unless both partiesmutually agree to waive the holding of any particular monthly meeting.

(b) The Committee shall meet at such times as shall, from time to time,

be determined mutually by the members of the Committee. Agenda ofthe meeting is to be discussed and considered by the parties at leastthree (3) days prior to the meeting.

(c) The Committee shall not supersede the activities of any otherCommittee of the Union or of the Employer and does not have thepower to bind either the Union or its members or the Employer to any



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decisions or conclusions reached in its discussions. The Committeeshall have the power to make recommendations to the Union and theEmployer with respect to its discussions and conclusions.

(d) Items that concern safety in the workplace may be placed on the

agenda of this Committee.

(e) The Company agrees to make every reasonable provision for thesafety of its employees. Dangerous procedures and devices will bereported to management, and management will take necessary actionto eliminate all hazards.

26:02 In the case of an accident as a result of which an employee is disabled andentitled to compensation under the Workers= Compensation Act, theCompany agrees to pay the employee for loss of earnings for the remainderof that shift.

26:03 The Company shall maintain adequately stocked first aid boxes in theKitchen, Front Desk, Housekeeping Departments and the Bar.

ARTICLE 27: HEALTH AND WELFARE PLAN

27:01 The current Health and Welfare Plan shall remain in effect during the term ofthis Collective Agreement and shall be changed only by agreement betweenthe parties thereto. A booklet outlining the current benefits provided by the

Plan will be supplied to all employees and a copy of the current Policy shallbe supplied to the Union. A Committee comprising of equal representativesfrom management and the Union will be established to review the Plan andmake recommendations.

27:02 The participation of all full time employees that have completed the eligibilityrequirements for the Group Insurance Plan is mandatory or a waiver must besigned.

NOTE: Insurer has advised that all full time employees must participate inLong Term Disability coverage.

Article 28: SEXUAL HARASSMENT

28:01 Sexual harassment shall be defined as any conduct, comment, gesture,contact of a sexual nature:



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(a) which is likely to cause offense or humiliation to any employee; or

(b) which may, on reasonable grounds, be perceived by an employee asplacing a condition of a sexual nature on employment or on any

opportunity for training, promotions or more favourable workingconditions.

28:02 Every employee of the Company in the bargaining unit or otherwise isentitled to employment free of sexual harassment.

(a) The Company shall make every reasonable effort to ensure that noemployee is subjected to sexual harassment.

(b) The Company will take appropriate disciplinary action against anyemployee of the Company who subjects any other employee to

sexual harassment.

(c) Any individual who believes he/she has been sexually harassed mayinitiate a grievance at Step 2 of the Grievance Procedure.

(d) The Company will not disclose the name of a complainant or anaccused or the circumstances related to the complaint to any personexcept where disclosure IS necessary for the purposes ofinvestigating the complaint or taking disciplinary measures in relationthereto.

28:03 An alleged offender under this Article shall be entitled:

(a) to be given notice of the substance of a grievance under this Article;

(b) to be given notice of and to attend, participate and be represented atany arbitration hearing of a grievance which is held as a result of agrievance under this Article.

28:04 Personal Workplace Harassment

1. Any discriminatory behavior at or related to the workplace whichdenies an individual their dignity and respect or affects their jobsecurity by creating an intimidating, offensive, embarrassing orhumiliating work environment is considered to be personalharassment and will not be tolerated.

Personal harassment is defined to include but not be limited todiscrimination on the basis of race, national or ethnic origin, colour,



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religion, age, sexual orientation, pregnancy, childbirth, marital status,disability, conviction for which a pardon has been granted, politicalaffiliation, Union membership, participating in the lawful activities ofthe Union and preventing, by any means or manner, of the exercise ofany right conferred under this Agreement or under any law of Canada,

or the Province of Newfoundland and Labrador.

2. The Company and the Union recognize the importance of maintaininga work environment that is free of harassment. This policy applies toall persons employed by the Company and the contractors workingwith or for the Company. The filing of a complaint will not prejudicethe job security or promotional opportunities of the complainant. Allinformation and supporting witnesses relevant to a complaint shall betreated as privileged and strictly confidential.

Harassment means intimidation that is repeated and/or unwelcomed

whether it be verbal, written, or physical and which:

(1) prejudices the complainant=s job security, or(2) undermines an employee=s job performance; or(3) is perceived on the part of the complainant to create a negative

psychological or emotional state.

Those acts which may constitute harassment may include for thepurposes of clarity, but without limitation:

(1) unsolicited physical contact, pushing, grabbing, or other

touching;(2) comments, looks, and/or suggestions which might reasonablybe found by the complainant to be unwelcome, objectionable,offensive, or to cause discomfort on the job;

(3) persistent sexual or unfriendly propositions;(4) gender or ethnic-based insults or taunting.

Normal social conduct between people based on mutual consentdoes not for these purposes constitute harassment.

Where an Employee feels he/she is the victim of harassment, that

Employee shall:

(1) document the particulars of the offensive acts;(2) advise the alleged offender(s) that the acts complained of are

not welcome; and(3) consider how the complaint may be proven by other evidence,

including he testimony of others.



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3. Where the Employer receives a complaint of harassment, theEmployer shall conduct an investigation. Interviews may be held withthe complainant, the alleged harasser, and with others as necessary.Both parties are entitled to be accompanied by a representative.

Once the investigation has been completed, the findings will bediscussed with the complainant and the alleged harasser by theEmployer.

In order to ensure the consistent application of this policy, it is boththe right and the responsibility of any employee who believes that heor she has been subjected to harassment as defined above toimmediately report such concerns to the Employer. The Employer willadvise the appropriate Union representative of such allegation. Allallegations will be fully investigated in a confidential manner.

Any employee who, as a result of a full investigation is determined tobe in violation of this policy may be subject to disciplinary action, up toand including discharge from employment.

28:05 An accusation found to be intentionally false may result in discipline up toand including discharge of the accuser.

Article 29: THE COLLECTIVE AGREEMENT

29:01 Wage Rates and Classificationsa) Wage rates and job classifications for employees covered by this

Agreement shall be as provided in Schedule AA@ attached.b) Job descriptions will be provided to employees within six (6) months

of signing of this Collective Agreement. New classifications developedduring the life of this Collective Agreement shall be subject tonegotiations between the parties.

29:02 Duration of the Agreementa) It is mutually agreed that this Agreement shall become effective on

the date of signing and shall remain in effect to September 30, 2011,and thereafter until terminated or amended as hereinafter provided.Either party to this Agreement may, within the ninety (90) calendarday period immediately prior to the expiration of this Agreement, issuenotice of its desire to amend the Collective Agreement. Followingnotice, the other party is required to enter into negotiations withinthirty (30) calendar days of receipt of notice.



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b) Where notice to amend the Agreement is given, the provisions of thisAgreement shall continue in force until a new Agreement is reachedor the right to strike or lockout occurs under The Labour Relations Act, as amended, whichever occurs first.

29:03 AmendmentsIt is agreed by the parties to this Agreement that any provision in thisAgreement. other than the duration of Agreement. may be amended inwriting by mutual consent and such amendment(s) shall form part of thisAgreement.

29:04 Copies of the AgreementThe Union and the Company desire every employee to be familiar with theprovisions of this Agreement and his/her rights and obligations under it. Forthis reason, the cost of printing this Agreement shall be paid on a fifty/fifty

(50/50) basis. The Union will be responsible to handle the printing.

29:05 Contracting OutIn the event of a lease agreement for any part of the Employer=s business,the Employer agrees to ensure that employees affected have the option ofretraining for a new position with the Employer suffering no loss of benefits.

The Employer will advise any lessee that as a condition of the lease, thelessee will assume the responsibility for employees operating in thatDepartment and will ensure that the Collective Agreement will stay in place.

Article 30: INJURY ON DUTY

30:01 Employer agrees to Memorandum of Understanding to establish a JointCommittee, which shall meet at such times and frequency as agreed to bythe parties, to co-operate with respect to the Employer, Union and employeeobligations pursuant to the Early and Safe Return to Work provisions of theNewfoundland and Labrador Workplace, Health, Safety and Compensation Act .

Article 31: GENERAL ITEMS

31:01 The following list of standards/items is intended to set the minimum standardfor staffing at the Hotel. Notwithstanding these minimum staffing provisions,the Employer and the Union agree that these standards may be waived, with



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the consent of both parties, to accommodate situations where the level ofbusiness activity or service required is not commensurate with the roomcount.

1. StewardsStewards shall be assigned to bring initial supplies to supply rooms.Employees of each Department are responsible for their owncleanliness, i.e. vacuuming floors, cleaning windows, etc.Housekeeping staff may request the assistance of the Stewards inlifting and moving heavy objects.

2. Staffing Levelsa) When the room count is ninety-five (95) or more there will

be an extra one-half (1/2) person working in the Laundry.

b) When the room count is one hundred and ten (110) ormore there will be one (1) extra person working in theLaundry.

c) The Laundry Person will be given no more than eight (8)rooms plus laundry or six (6) suites plus laundry, at anytime.

d) When the room count is forty (40) or more two (2)Waitresses/Waiters will work in the Dining Room. Thesecond person may work less than a full shift.

e) When the room count is sixty-five (65) or more two (2)Cooks will work in the Kitchen. The second person maywork less than a full shift.

f) When there are four (4) or more concurrent meetings onin a day, a second Steward will be called in, the secondSteward may work less than a full shift.

g) When receiving day occurs, an extra Kitchen Attendantwill be provided as deemed necessary by the Chef. Theextra Kitchen Attendant may work less than a full shift.

h) The Company agrees to the practice of scheduling two(2) staff to work the night shift, not necessarily two (2)Night Auditors.

* 3. Fifteen (15) standard rooms or ten (10) suites, or a combinationthereof, shall be the maximum number of rooms allocated to aRoom Attendant in each regular working day. Due considerationbeing given to the condition of the rooms and, if the whirlpoolhas been used, a Room Attendant may request a reduction inhis/her allocation for that day.



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4. TuitionThe Company will reimburse employees up to fifty percent (50%)of the tuition fees (on successful completion) of courses relatedto the employee=s job. Such courses must be pre-approved bythe Company.

5. Pay day will be Thursday.

6. The Company will abide by all provisions of the OccupationalHealth and Safety Act.



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Schedule A – Salaries

Classification 1-Oct-08 1-Oct-09 1-Oct-10

Department 1 - Front Desk 4% 4% 4%

Guest Services Supervisor $13.36 $13.89 $14.45

Front Desk Clerk $12.74 $13.25 $13.78

Night Auditor $13.05 $13.57 $14.11

Department 2 - Housekeeping

Assistant Housekeeper $12.84 $13.35 $13.88

Maid/Laundry Person $12.22 $12.71 $13.22

Steward $11.91 $12.39 $12.89

Recreation Attendant/Lifeguard $11.70 $12.17 $12.66

Department 3 - Kitchen

Cook $12.74 $13.25 $13.78

Kitchen Attendant $11.70 $12.17 $12.66

Department 4 - Dining

Waitress/Waiter/Cashier $11.80 $12.27 $12.76

Bartender $12.12 $12.60 $13.10

Department 5 - Catering

Waitress/Waiter $11.80 $12.27 $12.76

Department 6 - Maintenance

Maintenance Worker $16.38 $17.04 $17.72

Assistant Maintenance Worker $13.99 $14.55 $15.13Groundskeeper/ Utility Worker * $11.70 $12.17 $12.66

*Newly hired employees shall start at a rate of one dollar ($1.00) below the rate ofthe job for the duration of the employee’s probation, after which the employee’ssalary shall be in accordance with the wages above.



37

SCHEDULE B – Classifications and Protected Positions

CLASSIFICATION PROTECTED POSITIONS

Department 1 - Front DeskFront Desk Top five (5) positionsNight Audit Top three (3) positions

Department 2 - HousekeepingAssistant Housekeeper Top one (1) positionMaid/Laundry Person Top six (6) positionsSteward Top six (6) positionsRecreation Attendant/Lifeguard Top two (2) positions

Department 3 - KitchenCook Top four (4) positionsKitchen Attendant Top three (3) positions

Department 4 - Dining RoomWaitress/Waiter/Cashier Top five (5) positionsBartender Top three (3) positions

Department 5 - CateringWaitress/Waiter Top four (4) positions

Department 6 - MaintenanceMaintenance Worker Top one (1) positionAssistant Maintenance Worker Top one (1) positionUtility Worker/ Groundskeeper * Top one (1) position



38

Memorandum of Understandingbetween

The Battery Hotel and Suitesand

The Newfoundland and Labrador Association of Public and Private Employees

Maintenance Worker, Arthur White, for the life of this agreement, shall be red-circled at hiscurrent rate of $17.00/hour. Therefore, negotiated wage increases will be given to Mr. Whitein the form of a cash bonus for the first two years of this collective agreement and shall notbe added to his hourly wage. In the third year, Mr. White shall be paid in accordance withthe hourly wage set out for the classification of maintenance worker ($17.72/ hour). Mr.White will not be paid any bonuses during this third year as the negotiated wage increasewill be included in his salary.

EMPLOYER UNION

DATE



39

Memorandum of Understandingbetween

The Battery Hotel and Suitesand

The Newfoundland and Labrador Association of Public and Private Employees

The employer reserves the right to contract out major painting work. Where incidentalpainting work is required, it shall be offered to qualified bargaining unit members asbargaining unit work.

EMPLOYER UNION

DATE



40

June 8, 2009

Mr. Glenn TraskNegotiatorThe Battery Hotel and Suites

Dear Mr. Trask:

RE: Gratuities

The current practice regarding gratuities shall continue as agreed by the parties in 2009contract negotiations.

Sincerely,

Amanda GalwayEMPLOYEE RELATIONS OFFICERNAPE



SIGNED this day of , 2009.

IN WITNESS WHEREOF the parties hereto have hereunto their hand and sealssubscribed and set the day and year first before written.

ON BEHALF OF Signal Hill Road Properties ULC operating premises known as THEBATTERY HOTEL AND SUITES:

WITNESS

ON BEHALF OF THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF PUBLICAND PRIVATE EMPLOYEES:

WITNESS

battery hotel 2011

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