FILECOPYR COLLECTIVE AGREEMENT

BETWEEN:

2179596 ONTARIO INC.- 0/A- TRAVELODGE TORONTO EAST

(hereinafter known as the Employer)

-AND-

TEAMSTERS LOCAL UNION 847 Affiliated with the

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

(hereinafter known as the Union )

FEBRUARY 1, 2011- JANUARY 31, 2014

0 INDEX ARTICLE

PAGE

) . PURPOSE 1 ' 2 RECOGNITION 1

3 MANAGEMENT FUNCTIONS 1 4 NO DISCRIMINATION 2 5 UNION SECURITY 2 6 UNION REPRESENTATION 3 7 STRIKES AND LOCK-OUTS 3 8 GRIEVANCE PROCEDURE 4 9 ARBITRATION PROCEDURE 5 10 SENIORITY 5 11 HOURS OF WORK AND OVERTIME 7 12 VACANCIES 8

0 13 LEAVES OF ABSENCE 9 14 CANADIAN CITIZENSHIP 10 15 HOLIDAYS 10 16 WAGES AND CLASSIFICATIONS 10 17 VACATION ENTITLEMENT 11 18 . MAINTENANCE DEPARTMENT 11 19 BULLETIN BOARD 12 20 GENERAL

12 21 HEALTH AND SAFETY 12 22 HEALTH & WELFARE AND PENSION PLAN 12 23 TERM OF AGREEMENT 14

SCHEDULE 'A"- WAGES & CLASSIFICATIONS 15 LETTER OF UNDERSTANDING 16

ARTICLE 1 - PURPOSE

1.01 The purpose of this Agreement is to provide orderly collective bargaining relations, to secure prompt disposition of grievances, to assist the Employer and its employees to achieve the company's customer service objectives, to provide the Employer with the flexibility necessary to operate the business efficiently without interruption or interference with work and to provide fair compensation, hours and working conditions.

ARTICLE 2- RECOGNITION

2.01

2.02

2.03

2.04

The Employer recognizes the Union as the bargaining agent of all employees of 2179596 Ontario Inc. o/a as Travelodge Toronto East in the City of Scarborough, in the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff, students employed during the school vacation period, and persons employed in the position of night auditor. For added clarification only, it is recognized that supervisors and persons above the rank of supervisor include: General Manager, Front Office Manager, Front Desk, Executive Housekeeper, Maintenance Supervisor, Front Office Supervisor and Housekeeping Supervisor.

The word "employee" or "employees" whenever used in the Agreement shall mean, respectively, an employee or employees in the bargaining unit, and wherever the masculine gender is used in this Agreement, it shall include the feminine gender.

(a) "Full-time employee" means an employee who is regularly employed for twenty (20) hours or more per week;

(b) "Part-time employee" means an employee who is regularly employed for Jess than twenty (20) hours per week.

No employee shall be laid off as a direct result of non-bargaining unit employees performing bargaining unit work.

ARTICLE 3- MANAGEMENT FUNCTIONS

3.01 The management of the Hotel and its operations and the direction of the employees are fixed exclusively in the Employer and, without limiting the generality of the foregoing; the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline, profitability, efficiency and customer service, in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees and to discipline or discharge employees for just cause;

(b) establish and administer tests for the purpose of assisting the Employer to determine an employee's qualifications;

(c) select, hire, train, transfer, promote, demote, classify, layoff and recall employees, select employees for positions excluded from the bargaining unit; and,

(d) determine the location of operations, the schedules of operations, the number of shifts; determine the methods of providing services; determine job content, quality and quantity requirements, the qualifications of an employee to perform any particular job and a method to assess that performance; determine the equipment to be used and to use new or improved methods and equipment, to introduce, change or discontinue methods, services, job duties or processes; determine employee dress code; determine employee work schedules, the number of employees needed at any time, the number of hours tbe

3.02

worked, starting and quitting times and when overtime shall be worked, and require employees to work overtime.

The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement and the express provisions of this Agreement constitute the only limitations on the Employer's rights.

ARTICLE 4- NO DISCRIMINATION

4.01 The Employer, the Union and the employees agree that every employee has the right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap, as these terms are defined by the Ontario Human Rights Code.

ARTICLE 5- UNION SECURITY

5.01

5.02

5.03

5.04

5.05

5.06

5.07

All employees of the Employer who have completed their probationary period shall become and thereafter remain members of the Union as a condition of employment.

(a) The Employer shall remit to the Union from the first pay due to the employee in the month following completion of the probationary period the Union initiation fee, as uniformly assessed by the local Union Constitution and By-laws.

{b) During the lifetime of the Agreement, the Employer shall take from the pay of all employees covered by this Agreement on the first pay-day of each calendar month, such amount as may be uniformly assessed by the Union Constitution and By-Laws as regular monthly dues, and shall remit same prior to the fifteenth {15th) day of the following month to the Financial Secretary of the Union. It is understood that such deductions shall be made on a bi-weekly basis in equal amounts during the month.

The Union shall indemnify and save harmless the Employer, its agents and/or employees against any and all claims, complaints, liabilities, demands, actions or causes of actions arising out of, or in any way connected with the operation of Articles 5.01 and 5.02.

The Employer agrees to record total Union Dues paid by each employee on their T-4 tax receipt.

The Employer shall notify the Union of the discharge of a seniority employee within five (5) days of the discharge.

The monthly remittance shall be accompanied by a statement showing the name, home address, telephone and social insurance numbers of each employee from whose pay deductions have been made and the total amount deducted for the month. This statement shall also show the total gross earnings and the hours worked.

The Employer shall provide the Union, monthly, with a list of those employees:

(a) Newly hired; {b) Quit; (c) Laid off when a Record of Employment (ROE) has been issued; or, {d) Terminated.

ARTICLE 6- UNION REPRESENTATION

6.01

6.02

6.03

6.04

6.05

6.06

6.07

The Employer agrees to recognize up to two (2) stewards elected from amongst employees who have successfully completed the probation period to deal with any complaint or grievance.

The Union shall provide the Employer with written notification of the name of the stewards. The Employer shall be required to recognize the representative only from the date of receipt of this notice.

The Union acknowledges that the Steward has regular duties to perform on behalf of the Employer and may not leave his regular duties without the consent of his Supervisor in advance. Upon receiving such consent, the Steward shall be permitted to leave his regular duties for a reasonable length of time, without loss of pay, to function as a Steward as provided in this Agreement. Such consent from the Supervisor shall not be unreasonably withheld.

The Employer will recognize a negotiating committee of up to two (2) members of the bargaining unit who shall have successfully completed their probationary period. The Union shall notify the Employer in writing of the names of the members of the negotiating committee and the Employer shall not be required to recognize any committee member until it has been so notified. Time spent by two (2) members of the negotiating committee will be paid to a maximum total number of eight (B) days paid for the entire committee. The days will be paid at the member's regular rate for the day.

An authorized representative of the Union shall be permitted to meet with a member of the bargaining unit in an area specified by the Employer for the purposes of dealing with the administration of this Agreement, provided that the meeting will not take place during the employee's working hours and permission is requested by the Union and granted by the General Manager or his designate prior to the representative's arrival at the location.

As requested, the Employer and a Union Consultation Committee (comprised of the local Union business agent and one or both of the Union Stewards) shall meet to discuss issues relating to the workplace, up to a maximum of once every two (2) months.

Once per calendar year, the Employer shall grant one day's leave of absence, with pay, to all Union stewards for the purpose of attending training provided by the Union. II requested, such days may be combined and taken consecutively during any one year of this Agreement.

ARTICLE 7- STRIKES AND LOCK-OUTS

7.01

7.02

7.03

In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the lifetime of this Agreement, there will be no strike, picketing, slow down or stoppage of or interference with work, either complete or partial. The Employer agrees that there will be no lock-out of employees.

The Employer shall have the right to discharge employees who take part in or instigate any strike, picketing, slowdown, stoppage of or other interference with work or customer service, either complete or partial, contrary to Article 7.01 of this Agreement or the provisions of the Labor Relations Act, 1995.

The definitions of the terms strike and lock-out in Article 7.01 shall be in accordance with the Labor Relations Act 1995.

ARTICLE 8 ·GRIEVANCE PROCEDURE

8.01

8.02

8.03

8.04

8.05

The purpose of this Article is to provide the sole method for the settlement of a grievance alleging the violation of a specific provision of this Agreement. Such a grievance shall be presented and processed in accordance with the steps, time limits and conditions herein set forth.

It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until the employee first discusses the complaint with the responsible supervisor. The complaint must be discussed with the supervisor within five (5) days after the circumstances giving rise to it have occurred. Any complaint not presented within these five (5) days shall be forfeited by the aggrieved employee. The supervisor shall give his response verbally within two (2) days of receiving the employee's complaint.

STEP 1

If the complaint is not settled as provided for above, the employee may submit a written grievance to the supervisor within five (5) days of receiving the supervisor's verbal response to the complaint. The grievance shall be signed by the employee and shall ident~y the nature of the grievance, the specific provisions of the Agreement which are alleged to have been violated and the remedy sought. The supervisor will give a written response to the grievance within five (5) days following the day on which the grievance was presented by the employee. If the employee does not receive a decision within the time limits specified and the employee wishes to proceed with the grievance, he or she must submit the grievance at the next step.

STEP2

If the grievance is not settled, the employee must forward the grievance to the General Manager within five (5) days of the date of the supervisor's Step 1 response, or the date the supervisor's Step 1 response should have been provided. A meeting will then be held between the General Manager and the Business Representative of the Union or their designates. The employee and a Union Steward, if requested by the employee, may be present.

This meeting shall be held within seven (7) days of the receipt of the grievance at Step 2. The Employer's written answer to the grievance shall be given within five (5) days following the date of this meeting. In the· event that the Employer does not respond in the time provided and the Union wishes to proceed with the grievance, the Union must refer the matter to arbitration.

POLICY GRIEVANCE

A policy grievance shall be defined as a grievance, filed by either the Union or the Employer, involving a question of application or interpretation of any Article of this Agreement which arises directly between the Employer and the Union. It shall be submitted directly at Step 2 within fourteen (14) days following the circumstances giving rise to the grievance. The provisions of this section may not be used with respect to a grievance directly affecting an individual employee or a group of employees. The remaining provisions of Articles 8 and 9, with the required amendments, shall apply to policy grievances.

Any grievance which is not commenced or processed through the next stage of the grievance or arbitration procedure within the time specified shall be deemed to have been abandoned and/or withdrawn.

Suspension or Discharge

(a) A claim by an employee who has successfully completed the probationary period that he has been unjustly suspended or discharged shall be treated as a grievance if a written

8.06

statement of such grievance is submitted by the employee at Step 2 within five (5) days after the date of the suspension or discharge. If a suspension is grieved, the Employer in its sole discretion may elect to delay the enforcement of the suspension until the grievance is settled, abandoned or determined by an arbitrator.

(b) At a meeting where an employee is issued discipline, the employee may request to have a Union Steward present, provided a Union Steward is available. If no Union Steward is available, the employee may request to have a co-worker present. The Employer shall advise the employee of this right.

No discipline shall remain on an employee's record for longer than ten (1 0) months.

ARTICLE 9- ARBITRATION PROCEDURE

9.01

9.02

9.03

9.04

9.05

Where a difference arises between the parties relating to the interpretation application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the grievance procedure, notify the other in writing of its desire to submit the grievance to arbitration. If a party elects to refer a grievance to arbitration it must notify the other party within fourteen (14) days of the date of the response by the General Manager, at Step 2.

The parties shall agree on a sole arbitrator. In the event that the Union and the Employer cannot agree within fourteen (14) days, either party may apply to the Office of Arbitration for the appointment of an arbitrator.

Each party shall bear the expenses of its participants and witnesses and for the preparation and presentation of its own case. The fees and expenses of the arbitrator and the hearing room and any other expenses incidental to the arbitration hearing shall be shared equally by the parties.

The arbitrator shall have no authority to add to, subtract from, modify, change, alter or ignore in any way, the provisions of this Agreement or any written amendment or supplement thereto or to extend its duration, unless the parties have agreed, in writing, to give the arbitrator specific authority to do so, or to make an award which has this effect.

The parties agree that the steps, time limits and conditions specified in Articles 8 and 9 shall be binding upon the parties unless an extension of such time limits has been mutually agreed to in writing.

ARTICLE 10- SENIORITY

10.01

10.02

10.03

10.04

Seniority shall be defined as length of continuous uninterrupted service within the bargaining unit.

Newly hired employees shall serve a probationary period of eighty (80) days. Probationary employees shall have no seniority rights during this period. Upon completion of the probationary period, the employee shall have his or her seniority dated back to the start date.

During the probationary period, an employee shall be considered as being employed on a trial basis and may be dismissed for any reason at the sole discretion of the Employer. Any termination or release occurring during the probationary period shall be deemed to be for just cause, unless the Employer acts in bad faith or in a discriminatory manner.

In March of each year, a full-time employee and part-time employee seniority list shall be prepared and posted by the Employer. This list shall include the employee's classification and a copy will be given to a Union Steward.

10.05

10.06

10.07

10.08

An employee who accepts a transfer or promotion out of the bargaining unit shall retain any seniority acquired to the date of such appointment and will continue to accrue seniority for up to three {3) months. However, such seniority shall be lost and no further accrual will take place if the employee does not return to the bargaining unit within three {3) months from the date of such appointment.

Seniority once established for an employee shall be forfeited and the employee's employment shall be deemed to be terminated if the employee:

(a) resigns from employment with the Employer;

{b) retires or is retired by the Employer at age 65;

(c) is discharged for just cause;

(d) fails to report for work with in three {3) working days after being recalled by telephone call or registered letter from the Employer following a layoff;

(e) fails to return to work on the date agreed upon after the completion of a leave of absence or uses an approved leave of absence for purposes other than that given as the reason for the leave, except where the employee provides an explanation satisfactory to the Employer;

(f) reports for work under the influence of illicit drugs or alcohol or consumes illicit drugs or alcohol during a shift;

(g) is absent without leave for three {3) consecutive working days and without an explanation satisfactory to the Employer; or

{h) does not perform work for the Employer for a period of twelve (12) consecutive months.

(a) Subject to paragraph {b). in the event of a lay-off, the Employer shall reduce the workforce in the affected classification in the following sequence:

(i) first, lay-off employees who have not completed their probationary period in accordance with Article 1 0.02;

(ii) second, lay-off part-time employees;

(iii) third, lay-off full-time employees.

Subject to paragraph (b), a recall shall be in the reverse order of the above steps.

(b) In determining which employee(s) shall be laid off (or recalled) under each step in the above sequence, the primary considerations of the Employer shall be the requirements and efficiency of the operation and the employees' knowledge, skills, performance (including regular and timely attendance), qualifications, and ability to perform the required work. However, where the Employer considers employees relatively equal on the basis of the foregoing factors, seniority shall govern.

However, if employees possess the immediate skill and ability to perform work in another classification and such work is temporarily available, then the Employer shall offer such work by Hotel seniority to reduce the impact of the lay-offs.

ARTICLE 11- HOURS OF WORK AND OVERTIME

11.01

11.02

11.03

11.04

It is understood and agreed that this Article is intended to provide the basis of a work week and shall not constitute a guarantee of hours of work per day or per week, number of days per week, or a guarantee of work schedules.

(a) Subject to Article 11.04, the paid hours of work for employees shall normally not be greater than:

(i) eight (8) hours in a day.

(ii) five (5) days in the seven (7) day work week work of 7:00 am Friday to 6:59 am the following Friday; and

(iii) forty (40) hours in the work week of 7:00 am Friday to 6:59 am the following Friday. However, where an employee works more than forty (40) hours in the work week of 7:00 am Friday to 6:59 the following Friday, the employee will be paid overtime attime and one-half (1-1/2) the employee's regular hourly rate.

(b) Subject to operational requirements determined by the Employer, the bi-weekly scheduling of shifts with respect to available days off and shift preference will be as follows as far as reasonably practicable:

(i) full-time employees, by seniority in each classification; and

(ii) part-time employees, by seniority in each classification.

(c) The Employer will make every reasonable effort to ensure that the bi-weekly schedule is posted one (1) week in advance.

(a) There shall be a one-half (1/2) hour unpaid meal break per shift of five (5) hours or more. The meal break shall be scheduled by the Employer. However, whenever an employee is required and authorized to work during their lunch break, he shall be paid for the time worked at straight time.

(b) Employees will be entitled to a paid fifteen (15) minute rest period during each half (1/2) shift of four (4) hours duration, at a time determined by the Employer and consistent with efficient operations.

Overtime

(a) The Employer may schedule hours of work in excess of those referred to in Article 11.02 and require employees to work such hours. The Employer agrees to seek volunteers (on a seniority basis) to perform any necessary overtime work from among those employees qualified to perform the work. In the event that insufficient volunteers are available, the Employer shall assign such overtime work to the most junior employees first, who are qualified to perform the required work. (b) There shall be no duplicating or pyramiding of overtime, or other premiums, provided for in this Agreement.

(c) Only hours actually worked on a holiday will be included in the employee's total weekly hours for the purposes of calculating overtime.

11.05 Daily Distribution of Work- Housekeeping

(a) Subject to day to day operational requirements, Room Attendants will normally be expected to clean 17 rooms per shift. If a Room Attendant cannot be assigned 17 rooms, the Employer reserves the right to send the employee home or assign the employee to alternate duties. It is understood that in the event the Employer cannot assign all employees 17 rooms, or additional rooms become available, senior employees will have first right of refusal.

(b) Room Attendants shall continue to achieve and maintain the quality of performance, promptness and efficiency necessary to meet the Employer's Hotel standards.

(c) Cot Allowance: When a cot is ordered by the Front Desk, the room attendant servicing the room will receive a two dollar ($2.00) cot allowance per day, provided that the cot is remade after the usage and returned to the storage room.

ARTICLE 12- VACANCIES

12.01

12.02 (a)

(b)

12.03

12.04

12.05

Where the Employer elects to fill a bargaining unit position, it shall be posted for a period of seven (7) days.

The Employer shall not be required to follow the posting procedure contained in this Article if the vacancy is not expected to exceed sixty-five (65) days, or if the vacancy is caused by illness, accident, vacation, leave of absence, pregnancy or parental leave, or a posting under this Article.

Temporary Transfer

When it is necessary to transfer an employee to work temporarily in a higher paying classification, the employee with the greatest seniority who has the skill and ability to do the job shall be transferred and shall receive the higher rate of pay for all hours worked. When it is necessary to transfer an employee to work temporarily in a lesser paying classification, the employee with the least seniority who has the skill and ability to do the job shall be transferred and shall receive his or her regular rate of pay.

The Employer may elect to fill a permanent vacancy for a temporary period not to exceed sixty­five (65) working days without compliance with the posting and selection process contained in this Article.

When filling any posting under this Article, the Employer will consider the requirements, profitability and efficiency of the operation and the employees' knowledge, skills, performance, qualifications and ability to perform the required work. If the Employer considers certain employees relatively equal on the basis of these factors, seniority shall govern. The Employer will not exercise its evaluation of the foregoing factors in an unreasonable or discriminatory manner. If none of the employees who apply for the posting are qualified to perform the position, the Employer may elect to hire a new employee to fill the position.

An employee promoted or transferred to a new position within the bargaining unit, shall serve a trial period for up to thirty (30) days worked in the new position. If the employee is unable during this period to meet the requirements in a manner satisfactory to the Employer or the employee finds the job unsatisfactory, he or she will be returned to the former position, without loss of seniority and at the former hourly rate. Any other employee promoted or transferred because of the rearrangement of positions shall be returned to his or her former position without loss of seniority and at the former hourly rate.

12.06

12.07

Any employee who has successfully completed the trial period in the new position shall not be entitled to apply for another posted position for nine (9) months from the completion of the trial period, except with the written permission of the Employer.

Promotions or transfers to positions outside of the bargaining unit shall not be subject to the provisions of this Agreement.

ARTICLE 13- LEAVES OF ABSENCE

13.01

13.02

13.03

13.04

The Employer may, at its discretion, grant an unpaid leave of absence provided that the employee has successfully completed the probationary period. The employee's request must be made in writing and indicate the reason for and the length of the leave requested. All requests must be submitted to General Manager, not less than thirty (30) days in advance of the requested date of commencement of this leave. No leave for a period of greater than sixty (60) days, or such longer period as mutually agreed to by the employee and the Employer, will be granted by the Employer. Emergency requests will be considered. Leaves will only be allowed if operating requirements permit at the discretion of the General Manager.

Pregnancy and parental leaves shall be granted by the Employer in accordance with the Employment Standards Act

Jury Duty Leave

If an employee is required to serve on a jury, he will be compensated the difference between the fees paid as a juror and the amount of pay lost for the hours he was scheduled to work, but could not work because he was required to attend court. However, the Employer will only be required to provide this compensation if the employee:

(a) has successfully completed the probationary period;

(b) notifies the General Manager as soon as he becomes aware of the requirement to serve as a juror and provides the Jury Notice; and,

(c) presents an itemized statement from the appropriate court official indicating the dates, time of service, and fees paid on each date.

The employee is required to report to work, if scheduled, for any time that he is not actually required for jury duty.

Bereavement Leave

(a) An employee who has successfully completed the probationary period shall be granted up to three (3) consecutive calendar days of leave in the event of the death of a father, mother, child, spouse (including same sex spouse), sister or brother, parent in law and grandchild for the purpose of making arrangements for and/or attending the funeral. The day of the death or day of the funeral must be one of these days off.

Payment shall be made only to the extent of time lost on days he was scheduled to work during the above three (3) consecutive calendar days. In order to obtain pay under this Article, an employee must provide proof of death if requested to do so.

(b) An employee who has successfully completed the probationary period shall be granted one (1) day of paid leave in the event of the death of a grandparent, brother in law or sister in law for the purpose of attending the funeral.

ARTICLE 14- CANADIAN CITIZENSHIP

14.01 The Employer agrees to allow time off without pay for up to eight (8) hours to an employee to attend Citizenship Court to be sworn in as a Canadian Citizen.

ARTICLE 15- HOLIDAYS

15.01 Subject to Article 15.02, employees will receive the following holidays with pay:

New Years Day Family Day Good Friday Victoria Day Canada Day

Civic Day Labour Day Thanksgiving Day Christmas Day Boxing Day

15.02 Employees shall be eligible to be paid their normal hourly rate of pay up to a maximum of eight (B) hours for a holiday noted above, provided they:

(a) have been in the employ of the Employer for three (3) months;

(b) work the scheduled shift immediately prior to the holiday and the first scheduled shift after the holiday, except where the employee is unable to do so for bona fide reasons satisfactory to the Employer;

(c) have worked and earned wages on at least ten (1 0) days during the four (4) work weeks immediately preceding the holiday; and

(d) are on the active payroll of the Employer and not on leave of absence, sick leave, or Jay­off.

15.03 Time worked on a holiday shall be compensated at a rate of one and one-half (11/2) the employee's regular hourly rate of pay. In addition, the employee shall receive holiday pay provided the employee qualifies for that holiday pay under Article 15.02. There shall be no duplicating or pyramiding of premium pay for overtime worked and hours worked on a holiday. 15.04 Provided the employee qualifies for holiday pay under Article 15.02, if one of these holidays falls within an employee's vacation time, the employee is entitled to an additional vacation day or, if mutually agreed, an extra day's pay. The additional vacation day must be agreed upon beforehand by the employee and the Employer.

ARTICLE 16- WAGES AND CLASSIFICATIONS

16.01 Job classifications and wage rates are set out in the attached Schedule "A" to this Agreement. 16.02 Reporting for Work

(a) Subject to paragraph (b), where an employee reports for his scheduled shift and there is no work, the employee shall be paid four (4) hours at his regular rate of pay.

(b) Paragraph (a) does not apply if:

(i) the Employer has made a reasonable effort to notify the employee not to report for work as soon as reasonably possible or at least two (2) hours before the start of his scheduled shift;

(ii) the lack of work is due to fire, flood, power failure, or other cause, clearly beyond the control of the Employer;

{iii) the employee does not report for work on time; or

{iv) the employee requests or agrees to leave work before the end of the shift.

16.03 If the Employer creates a new classification during the term of this Agreement, the Employer will set the wage rate and notify the Union. If the Union disagrees with the rate, the Union will advise the Employer wtthin thirty (30) days of the Employers notification. The Employer and Union will then meet to negotiate the rate. If no agreement is reached, the Union may refer the matter to arbitration within thirty {30) days of the meeting.

ARTICLE 17- VACATION ENTITLEMENT

17.01 (a) Employees who have been employed for less than one (1) year shall receive a vacation in accordance with the Employment Standards Act

{b) Employees shall receive the following annual vacation with pay based on their completed years of service:

Years of Service Entitlement One (1) to five (5) Two {2) weeks Five or more Three {3) weeks Ten {10 or more Four (_4)_ weeks Twenty (20) or more Five (5) weeks

17.02 For each week of vacation entitlement, employee vacation pay shall be calculated on the basis of two percent {2%) of the employees' gross earnings (excluding vacation pay) in the year preceding the employee's current vacation year. If requested, employees shall receive vacation pay in advance of the vacation. Vacation pay will be issued on a separate cheque.

17.03 Employees shall submit their request for vacation in writing at least one {1) month prior to the date they wish to commence their vacation. Vacation must be taken at such times as are approved by the Employer, having regard to operational requirements and the need to maintain minimum staffing levels. If an employee fails to submit a request for scheduled vacation, the Employer may unilaterally assign the employee's vacation time. Where the Employer is not able to accommodate competing employee vacation requests, employee seniority shall be the deciding factor.

17.04 Vacations are not cumulative and cannot be carried forward into the next vacation year, except in extenuating circumstances as requested by the employee in writing and agreed to by the Employer in its sole discretion.

17.05 An employee who has ceased to be employed by the Employer before receiving his vacation pursuant to the provisions of this Article shall receive vacation pay in accordance with the provisions of the Employment Standards Act.

ARTICLE 18- MAINTENANCE DEPARTMENT

18.01 (a)

{b)

The Employer will continue its current practice of providing appropriate clothes for outside jobs. It is understood that employees are not expected to provide any tools necessary in performing their daily duties.

ARTICLE 19- BULLETIN BOARD

19.01 The Employer shall provide a bulletin board for posting Union notices. Only notices which have received the prior written approval of the General Manager may be posted. Such approval shall not be unreasonably withheld. Notices critical of the Employer or which are politically partisan in nature will not be posted.

ARTICLE 20- GENERAL

20.01

20.02

20.03

It shall be the responsibility of each employee to notify the Employer promptly in writing of any change of address or telephone number. Letters sent by the Employer to the address on record or telephone calls to the telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any provision of this Agreement.

All references to "days" in this Agreement mean "calendar days", unless specified otherwise. Employees may have access to their personnel files provided they submit their request twenty­four (24) hours in advance. The employee may have a Union Steward present during this review. A member of management will also be present.

ARTICLE 21- HEALTH AND SAFETY

21.01

21.02

21.03

21.04

The Employer, the Union and the employees agree to co-operate in the prevention of accidents and the promotion of safety and health of -the employees during the hours of their employment. It is the responsibility of each employee to work safely, to perform his job properly in accordance with established procedures. · The Employer, the Union and the employees agree to comply with the provision of the Occupational Health & Safety Act

The Employer shall ensure that the minutes of the Health and Safety Committee meetings are posted within five (5) days of a scheduled meeting.

ARTICLE 22- HEALTH & WELFARE AND PENSION PLAN

22.01

22.02

22.03

22.04

22.05

The Employer shall provide the Teamsters Local Union 847 Health and Welfare Plan, to all full time employees, members of the Union, and eligible dependants coming under the jurisdiction of this Agreement.

Any employee, member of the Union, who is hired by the Employer after the effective date of the Health and Welfare Plan, shall join the Plan on the first day of the month immediately following ninety (90) calendar days from the date of employment with the Employer.

It will be the responsibility of the Employer to make contribution remittances on behalf of the employees. Failure of the employer to forward completed forms and/or to remit contributions to the Trustees, by no later than the tenth (1 01h) day of each month, will cause the employer to be liable for the claim arising thereof.

It shall be the Union's responsibility to supply all necessary enrolment forms to the employer.

It will be the responsibility of the Employer to have the employees complete the enrolment forms and forward completed forms to the Administrator.

22.06

22.07

22.08

22.09

22.10

22.11

The Employer shall remit the contributions to the Administrator as designated by the Trustees of the Health and Welfare Plan. It shall be the Trustees' responsibility, after receipt of the contributions, to distribute same to the applicable insurance underwriters.

The cost of the Health and Welfare Plan will be paid for by the Employer for all employees: Effective January 1, 2011, the cost of the Plan, will be two hundred and sixty dollars ($260.00) plus applicable taxes, per employee, per month.

Effective January 1, 2012, the cost of the Plan, will be two hundred and seventy dollars ($270.00) plus applicable taxes, per employee, per month.

Effective January 1, 2013, the cost of the Plan, will be two hundred and eighty dollars ($280.00) plus applicable taxes, per employee, per month.

The Employer will continue to cover employees who are off ill, or on Compensation, for a maximum of six (6) months from date of illness or injury unless there is longer requirement provided for by applicable legislation. After six (6) months, the employee will have the option to continue paying their own premiums through the Employer.

It will be the responsibility of the Employer to make Health and Welfare plan contribution remittances on behalf of the employees.

Timely payment of contributions to the Trust Fund provided for in this Agreement is essential for the protection of the beneficiaries. Delinquency and continued failure to remit contributions to the Trust Fund shall be dealt with as follows:

1. The Union will advise the Employer in writing of any delinquency.

2. If the Employer has failed to respond within forty-eight (48) hours of receipt of notification, exclusive of Saturdays, Sundays and Holidays, the Union may then request a meeting with the Employer to provide for payment of funds.

3. In the case of failure of the Employer to contribute into the funds on the due date, the Trustees, in their joint names, may take legal action against the Employer for recovery of the amount due.

The Employer shall remit the contributions to the Administrator as designated by the Trustees of the Teamsters Local Union 847 Pension Plan as follows:

Effective January 1, 2011 the Employer will contribute thirty (30) cents per hour for each hour worked for all employees.

Effective January 1, 2012 the Employer will contribute thirty five (35) cents per hour for each hour worked for all employees.

Effective January 1. 2013 the Employer will contribute forty (40) cents per hour for each hour worked for all employees.

Contributions and remittances referred to above shall be remitted monthly to the Administrator, by the tenth (10th) day of the month following the month to which they refer, together with a form supplied to the Employer by the Union, which will provide full instructions.

22.12 Education Trust Fund

The Employer will contribute fourteen (14) cents per hour worked for each employee to the Teamsters Local Union 847 Education Trust Fund.

22.09 Sick Days

The Employer shall provide three {3) paid sick days per annum to all bargaining unit employees.

ARTICLE 23- TERM OF AGREEMENT

23.01 This Agreement shall be effective from February 1, 2011, and remain in effect until January 31, 2014 and thereafter for successive periods of one (1) year, unless either party notifies the other in writing not more than ninety {90) days prior to the expiry date, or any succeeding anniversary date, of its desire to terminate or negotiate revisions to this Agreement.

SIGNED IN THE CITY OF TORONTO, THIS

TEAMSTERS LOCAL UNION 847

DAY OF APRIL, 2011

2179596 ONTARIO INC. TRAVELODGE TORONTO EAST

SCHEDULE "A"

WAGES AND CLASSIFICATIONS

Classification Jan 28 2012 July 28 2012 Jan 28 2013 Ju_ly_28 2013 Room Attendant $13.15 $13.28 $13.41 $13.54 Laundry $13.48 $13.61 $13.75 $13.89

$13.15 $13.28 $13.41 $13.54 Maintenance $14.36 $14.50 $14.65 $14.80 Helper $12.39 $12.51 $12.64 $12.77 House Person $13.15 $13.28 $13.41 $13.54 **Room Checker $14.24 $14.38 $14.52 $14.67

Notes:

1 . Room Checker only gets paid this rate when performing the function.

2. During each year of this Agreement, new employees move to lowest rate in their classification upon successful completion of probation period (except, new employees in Laundry move to lowest rate in Room Attendants).

LETTER OF UNDERSTANDING

BETWEEN:

2179596 ONTARIO INC. TRAVELODGE TORONTO EAST (hereinafter known as the Employer)

AND:

TEAMSTERS LOCAL UNION 847 (hereinafter known as the Union)

Notwithstanding Article 11.02(a) (i) of the Collective Agreement regarding Hours of Work for Room Attendants, the parties agree as follows:

1. The paid hours of work for a Room Attendant assigned and authorized to work as "Night Maid" by the Employer may be up to eight (8) in a day.

2. In the event there is insufficient housekeeping work available for the "Night Maid", the Employer reserves the right to assign the "Night Maid" to any other duties in its sole discretion.

3. This Letter of Understanding may be cancelled at any time by either party giving at least thirty (30) calendar days notice in writing to the other party.

:u-11-SIGNED IN THE CITY OF TORONTO, THIS. ____ DAY OF APRIL, 2011

TEAMSTERS LOCAL UNION 847 2179596 ONTARIO INC. TRAVELODGE TORONTO EAST