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COLLECTIVE AGREEMENT

FORT ERIE LIVE RACING CONSORTIUM (FELRC)

FOOD AND BEVERAGE

- and -

UNITE HERE Ontario Council and its Local 2347

Effective: April 1, 2018

Expires: March 31, 2020

INDEX

Article

ARTICLE 1 - PURPOSE ................................................................................... ... ........................... .................. 4

ARTICLE 2 - SCOPE ................... ......................................... ................ .................. ............. ......... .. ...... ............ 4

ARTICLE 3 - RECOGN ITION ........................................... .......................... ........... .................. .. .. ..................... 5

ARTICLE 4 - DISCRIMINATION PROHIBITED ................................... .............................................................. 5

ARTICLE 5 - DEDUCTION OF UNION DUES .......................... ................ ............ ........................ .................. .. 6

ARTICLE 6 - NO STRIKES OR LOCK-OUTS ......................................................... ........ .. ................ .................. 7

ARTICLE 7 - MANAGEMENT RIGHTS (PRESERVATION) ................................... ............................................ 7

ARTICLE 8 - NEGOTIATING COMMITTEE .................................................................................................... . 8

ARTICLE 9 - STEWARDS ........................................ .. ................. ...... .. .................. .......................... .................. 8

ARTICLE 10 - GRIEVANCE PROCEDURE .... ...... ......................... ...... ....................................... .. ...................... .. 8

ARTICLE 11 - ARBITRATION ........ .. ... ......... .................. ............. ....... .............................................................. 10

ARTICLE 12 - DISCHARGE AND DISCIPLINE CASES ................. ......... .................................................. .......... . 11

ARTICLE 13 - SENIORITY ... .............................. .............. ............... ... .. ............................. ... .......... ..... .. .... ........ 13

ARTICLE 14 - SCHEDULING ................................ .... ........................ ..... ........................................................ .. 14

ARTICLE 15 - LAYOFF AND RECALL ................... ................... .. ........................................... ............................ 15

ARTICLE 16 - LOSS OF SENIORITY .... .................... .. ............. .... ...................... .... ............................................ 17

ARTICLE 17 - LEAVE OF ABSENCE .. .. ...................................... ........... ... ... .......... ............................................ 18

ARTICLE 18 - EDUCATIONAL SEMINARS .... ....................... ...... ...................... .. ................................... ........ .. 19

ARTICLE 19 - BEREAVEMENT PAY ............................................. .. ... ... ..... ............ .... .......... ............................ 19

ARTICLE 20 - VACANT POSITIONS ........................ ...... ....................... .... ........ ..................... ................... .... .. 19

ARTICLE 21- STATIONS ..................................................... .. ...... .. .... ......... ..... .. .... ... ............... ........................ 21

ARTICLE 22 - REPORTING FOR WORK PAY ...................... .................. .... .................. ...... .. .... ......................... 21

ARTICLE 23 - BULLETIN BOARDS ........................ ............................ ..... .... ........ ............. ..... ... ........................ 21

ARTICLE 24- ACCESS TO PREMISES ...................... ...... ...... .................... ........ .... ...... .......... .... ............. .......... 21

ARTICLE 25 - UNIFORMS ..................................................................... ..... .......................... ... .................. .... .. 22

ARTICLE 26 - OCCUPATIONAL HEALTH AND SAFETY ........ .............. ............................................................ 22

ARTICLE 27 - PARKING ................................................. ... ............ .. ...... ........ .... ............ ........................... ....... 22

ARTICLE 28 - HOURS OF WORK ....................................... .... .............. ... ............................ ....................... ..... 23

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ARTICLE 29 - WAGES ......... ....... .... .......... .............. .. ........ ....... .. ..... .. ............................ .... .... ....... .................... 23

ARTICLE 30 - VACATION PAY .... .... ... .. .. ...... ........ .. ... ..... ..... ......... .. ........................... ...... .... ............ ... ....... .... .. 24

ARTICLE 31- BENEFIT PLANS .......... .... .. ........... .... ... .. .... ........... .................. .. .............. .. .................... ... .. ....... 24

ARTICLE 32 - STATUTORY HOLIDAYS ........ .................... ............ .................................. ..... ............. ................ 26

ARTICLE 33 - CASH SHORTAGES .. ......... .......... ............. ... ......... ................................................................... .. 27

ARTICLE 34- GOVERNMENT REGULATIONS ..... ......... ....... .................... ............................................... .. ..... 27

ARTICLE 35 - PARTIES BOUND ...... ... ............... ..... ......... ........ .... ............ ... ........ .. ..... .. .................. ........ .. ........ 28

ARTICLE 36 - PRINTING OF COLLECTIVE AGREEMENT .. ......... ................................ ............. ......... .... ........... 28

ARTICLE 37 - TERM ............ ........ ... .............. ..... .......... ........ ....... ............... .... ......................... ........ ... ............. 28

SCHEDULE "A" ... .. .............................. ....... ............ ......... ......... ............ ..... ........................... ........ .... ................ 29

Letter of Understanding #l ............ ........ .......... ..... ... ... ... .. .... .............. ....... ...... ..................... ....... ........ .. ........ 30

Letter of Understanding #2 ............... ................. ... .. ..... .... .. .. ...... .. ... ...... ............ ........... ..... ........ ........ ............ 31

Letter of Understanding #3 ........... .. .... ............................................. ..... .... ................... ...... ......... .... .. ............ 32

Letter of Understanding #4 ..... .. ........... ....................... ... ............ ..... .. ......... .. ...................... ..... .................. .... 33

Letter of Understanding #5 .......................................... ............... .... .. ....... ......... .. ............... ........ ...... ... .. .... ... . 35

Letter of Understanding #6 ... ........ .. ........... .. ................ .... ............... ... ...... .. ........ ...... .......... ................. .......... 36

Letter of Understanding #7 ........ ........ .. ........................... .......... ...... ... ... ............... .. ........ ......................... ...... 39

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THIS AGREEMENT dated as of the ___ day of _ ___ _ _, 2018

BETWEEN:

FORT ERIE LIVING RACING CONSORTIUM (FELRC)

(hereinafter called the "Employer") OF THE FIRST PART

- and -

UNITE HERE Ontario Council and its Local 2347

(hereinafter called the "Union") OF THE SECOND PART

rRTICLE 1- PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain mutually satisfactory relations between the Employer and its employees, to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours and wages, for all employees who are subject to the terms of

this Agreement.

rRTICLE 2 - SCOPE

2.01 This Agreement shall apply to all employees of the Employer at its kitchens, cafeterias, restaurant and food stands and all food and beverage staff at Fort Erie Racetrack save and except Assistant Managers, persons above the rank of Assistant Manager, Kitchen Chefs, Office Staff, Doormen, Hostesses, and persons now represented by other

bargaining agents.

2.02 (a) Persons outside the bargaining unit, other than students employed during the period April 15 through September 15 and a total of five (5) Kitchen Chefs, shall not be permitted to perform work normally performed by members of the bargaining unit

except in cases of emergency.

2.03 Time worked by students during the period of April 15 through September 15 will count toward the probationary period of sixty (60) days worked in Article 13.02. However, it is understood that students must pay union dues in respect of all work they perform,

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outside the period of April 15 to September 15. Students must be available for work after the September 15 date in order to qualify for the regular rate of pay and to be

retained as an employee.

2.04 When a new classification (which is covered by the terms of this collective agreement) is established by the employer, the employer shall determine the rate of pay for such new classification and notify the local Union of the same within seven (7) days. If the local Union challenges the rate, it shall have the right to request a meeting with the employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the employer of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the employer. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rate for other classifications in the bargaining unit having regard to the requirements of such

classification.

rRTICLE 3 - RECOGNITION

3.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for the employees stipulated in Article 2 hereof, with respect to the terms and conditions of

employment; including wages, hours of work and rates of pay.

3.02 Where used in this Agreement, the male pronoun shall be deemed to include the female

pronoun.

rRTICLE 4 - DISCRIMINATION PROHIBITED

. 4.01 It is agreed that there shall be no discrimination by either party or by any of the employees covered by this agreement, on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offenses, marital status, family status, sexual orientation or handicap, as defined by the Ontario Human Rights Code.

The parties agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practised by any of their representatives, with respect to any employee because of his membership or non-membership in the Union,

or activity or lack of activity on behalf of the Union.

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rRTICLE S - DEDUCTION OF UNION DUES

5.01 The Parties hereto agree to compulsory check off for all employees who come within the scope to which this Agreement applies. All deductions shall be collected from the employee's pay on a weekly basis. Where no hours are worked in a given week, no dues

shall be deducted.

5.02 The Employer agrees to deduct initiation fees, if any, union dues and assessments upon rece ipt of a signed authorization by an employee, from the weekly pay of that employee. Such authorization to be completed and signed by the Employee on commencement of employment. All employees coming into the Bargaining Unit shall complete and sign the Union application card. The cards will be supplied to the Employer by the Union; 1st and 2nd copies to be forwarded to the Union Office on commencement of employment, 3rd copy forwarded on termination of employment, with reason for termination.

At the same time that income tax TA slips are made available, the Employer shall type on the slip the amount of union dues paid by each Union member in the previous year.

5.03 The employer shall deduct union dues from the pay of each employee. Such remittances shall be forwarded to the Union within 14 days of the last pay period in each month, and shall accompany a statement showing all employee names, department, wage rate, hours worked in the month, address, phone number, status (full-time, part-time and student), explanation where no deduction is made and accumulative total deduction for

initiation fees, if any, and dues for each employee.

5.04 The Union shall indemnify and hold the Employer harmless from any claims, suits, judgements, attachments, information and from any other form of liability arising as a result of such deductions made, in accordance with the provisions of this Article and the Union undertakes and agrees, that it will make refunds directly to any employee from whom wrongful deductions have been made.

5.05 The Employer and Union agree, that no officers of the Employer or employees may enter into any contract inconsistent with this Agreement. Any amendment or changes as outlined in this Agreement during its term, shall be incorporated only by mutual

consent.

5.06 It is understood that the amount of dues is determined by the Local Union or by Union International Convention and can be changed by the Local Union or by Union International Convention at any time, to comply with such Local or Convention decision,

regarding same.

5.07 Article 5.06 will be applied, subject to sixty (60) days notice in writing, from the Union to

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the Employer.

5.08 The Employer agrees to provide the Union the current addresses of employees and

phone numbers upon request.

rRTICLE 6 - NO STRIKES OR LOCK-OUTS

6.01 The Employer agrees that, during the lifetime of this Agreement, it will not cause or direct any lockout of its employees. The Union agrees that there will be no strike, picketing, slow-down or stoppage of work, either complete or partial, or other collective action which will stop or interfere with, production or services. An employee participating in any such strike, picketing, slow-down or stoppage of work or other collective action, will be subject to discipline, including discharge.

6.02 The definitions of the terms strike and lock-out in Article 6.01 shall be in accordance

with the Labour Relations Act, 1995.

rRTICLE 1 - MANAGEMENT RIGHTS {PRESERVATION)

7 .01 The Union acknowledges that it is the exclusive function of the Employer to:

7.02

(a) maintain order, discipline and efficiency;

(b} hire, classify, transfer, direct and promote and demote employees and also to suspend, discipline or discharge employees provided that a claim by an employee who has acquired seniority that he has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter

provided;

(c) maintain and enforce such rules and regulations consistent with this Agreement as it may deem necessary and advisable and all employees shall be obliged to

comply therewith;

(d) generally to operate and manage its business in all respects and in accordance with its commitments, obligations and responsibilities. The right to determine the number of employees required from time to time, the standards of performance for all employees, the methods, procedures, machinery and equipment to be used, schedules of work and all other matters, are solely and exclusively the responsibility of the Employer.

(a) The Employer has, retains and shall possess and exercise, all rights and functions, powers, privileges and authority, that the Employer possessed prior to signing this Agreement, excepting only those that are clearly and specifically

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relinquished or restricted elsewhere in this Agreement.

(b) The prerogatives and responsibilities set forth in this Article and/or otherwise retained by Management, shall be exercised in a manner consistent with other

provisions of this Agreement.

rRTICLE 8 - NEGOTIATING COMMITTEE

8.01 The Employer acknowledges the right of the Union to appoint/elect a negotiating committee of five (5) employees having seniority and agrees to pay the wages of those negotiating committee members for regular scheduled shifts not worked because of negotiations with the Employer up to but not including conciliation. It is understood that the hours spent in negotiations shall not be counted as time worked for the purposes of

overtime entitlement.

rRTICLE 9 - STEWARDS

9.01 The Employer acknowledges the right of the Union to elect or appoint, a minimum of eight (8) Stewards, inclusive of the Chief Steward, and no more than one (1) per department, to assist employees in their labour relations dealings with management. In electing or appointing Stewards, the Union shall ensure that all locations and shifts of work are a consideration in the determination of the stewards appointed.

9.02 The name of each of the stewards appointed or elected shall be given to the Employer in writing and the Employer shall not be required to recognize any such steward until such

notification has been given.

9.03 The Union acknowledges that the Stewards and members of committees have regular duties to perform on behalf of the Employer and that such persons will not leave their regular duties without obtaining permission of their immediate supervisor and will give any reasonable explanation which may be requested, with respect to their absence. Such permission shall not be unreasonably refused .

9.04 The Stewards will be afforded such time off, without loss of regular pay, as may be required to attend meetings with representatives of the Employer, in the various steps of the grievance procedure in which they are authorized to act under this Agreement, pertaining to discharges or other matters that cannot reasonably be delayed until after

working hours.

rRTICLE 10- GRIEVANCE PROCEDURE

10.01 It is the mutual desire of the parties hereto, that complaints of employees be adjusted as

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quickly as possible and it is generally understood, that an employee has no grievance until he has first given to his immediate Supervisor, an opportunity of adjusting his

complaint.

10.02 If any employee has a complaint or question involving the interpretation, administration or alleged violation of this Agreement, which he wishes to discuss with the Employer, he shall take the matter up with his immediate Supervisor within five (5) working days from the date of the alleged occurrence, said to have caused the reason for the complaint. He may he accompanied by his Steward, if he requests such assistance.

10.03 If such complaint or question is not settled to the satisfaction of the employee concerned, within two (2) working days following its having been brought to the attention of his immediate Supervisor, then the grievance procedure may be invoked in

the following order:

STEP N0.1 The employee or Steward shall outline the grievance in writing, indicating the nature of the grievance, the Article of the Collective Agreement invoked, and the adjustment sought. The employee must sign the grievance. Such document must be submitted to the Food and Beverage Manager, within a period of five (5) working days from the time the verbal reply to the complaint was received, as herein indicated. After such discussion as is necessary, the Manager shall state his decision, in writing. If the grievance is not settled within five (5) working days after it was submitted to the Food and Beverage Manager, then the grievance may be taken up as follows.

STEP N0.2 The Steward within five (5) working days of the date of the decision of the Food and Beverage Manager, may request in writing, a meeting with the Director, Food and Beverage Operations or his designate. Such a meeting will be held within five (5) working days, after receipt by the Employer of the Union's letter. Union representative may also attend this meeting. The Directo~, Food and Beverage Operations or his designate, shall render his written decision within five (5) working days following the

meeting.

10.04 Failing satisfactory settlement at STEP N0.2, then at the request of either party, the grievance may be referred to arbitration, provided that such request is made within fifteen (15) working days after the Employer's decision has been rendered at STEP N0.2. The Employer is to be in receipt of the Union's request that the grievance be referred to arbitration, Saturdays, Sundays and Holidays excepted.

10.05 The time limits prescribed in Articles 10, 11 or 12 hereof, may be extended by mutual agreement of the parties, in writing. In determining such time limits, Saturdays, Sundays

and holidays shall be excluded.

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10.06 If either the Employer or the Union alleges violation of this Agreement through the actions of the officials of the other, such a grievance may be dealt with t hrough the grievance procedure established by th is Article, commencing at STEP N0.2.

10.07 It is understood and agreed, that the Employer may bring forward at any meeting held with the Union grievance committee, any complaint with respect to the conduct of the Union, its officers, committeemen, or Stewards or any complaint that a contractual obligation undertaken by the Union in this Agreement has been violated and that if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration, in the same way as the grievance of any employee.

rRTICLE 11 - ARBITRATION

11.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application or alleged violation of this Agreement shall, after it has been carried through all the foregoing steps of the grievance procedure, without being settled, be referred to a sole arbitrator at the request of either party, without stoppage

of work.

11.02 Within fifteen (15} working days after the decision of the Employer at STEP NO. 2 has been rendered, the party requesting arbitration shall notify the other party in writing, of

the desire to arbitrate the grievance.

Within ten (10} working days of the delivery of the notice of arbitration to the other party, each party shall submit to the other three names for consideration.

11.03 In the event the parties are unable to agree upon the choice of an arbitrator within fourteen (14} working days of the delivery of the notice of arbitration to the other party, either party may apply to the Minister of Labour for the Province of Ontario for the

appointment of an arbitrator.

11.04 No person may he appointed as an arbitrator who has been involved in an attempt to

negotiate or settle the grievance.

11.05 No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure.

11.06 The Arbitrator shall not have the power to alter or change any of the provisions of this Agreement, nor to substitute any new provision for any existing provision, nor to give any decision inconsistent with the terms and provisions of the Agreement.

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11.07 The Arbitrator shall have the power to relieve against any inconsequential delays concerning the time limits established in Articles 10, 11 and 12 and it may extend such time limits, retroactively where no prejudice is demonstrated.

11.08 Proceedings before the Arbitrator will be expedited by the parties hereto and the decision of the Arbitrator will be accepted as final and binding upon the parties hereto.

11.09 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee or employees concerned as witnesses and any other necessary witnesses and all reasonable arrangements will be made to permit the conferring parties of the Arbitrator to have access to any part of the Employer's premises, to view any working conditions which may be relevant to the settlement of the grievance.

11.10 Each of the parties to this Agreement will share equally the fees and expenses of the

Arbitrator.

11.11 It is hereby agreed that an employee who has incurred discharge, suspension, or other disciplinary action involving a loss of wages, shall be compensated for lost wages in the event of a reversal or other adjustment to such action, made in accordance with the provisions of this Article 11 but only to the extent of his success under this Article.

rRTICLE 12- DISCHARGE AND DISCIPLINE CASES

12.01 The Employer agrees that, during the lifetime of this Agreement, subject to any directives of Agriculture Canada and/or of the Ontario Racing Commission and/or any other regulatory body under which Nordic Gaming Corporation must operate, it will not discharge any employee who has attained seniority, except for such conduct on the part of such employee as shall be just and sufficient cause for such discharge.

12.02 It is understood and agreed, without limiting the Employer's rights to discharge employees, that:

(i) absence from employment by any employee save and except for sickness, accident, unavoidable circumstances or with leave of the Employer or

(ii) the fact that the Employer is called upon to discharge an employee by reason of or arising from, the supervision of Agriculture Canada and/or provisions of The Racing Commission Act and Regulations thereunder and/or the Rules of Racing of the Ontario Racing Commission, referred to under Article 35 of this Agreement and/or any other regulatory body under which Nordic Gaming Corporation must

operate.

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and shall be conclusively deemed to be just and sufficient cause for dismissal of the employee, provided that nothing herein shall prevent the employee going through the grievance procedure, to determine whether or not the employee has

been so absent or the Employer so called upon.

12.03 A claim by a permanent employee on a Seniority List (eg. an employee who has successfully completed the probationary period), that he has been unjustly discharged from his employment, shall be treated as a grievance if a written statement of such grievance is lodged with the Director, Food & Beverage Operations, or his designate within five (S) working days, excluding Saturdays, Sundays and Statutory Holidays, after the employee ceases to work for the Employer. All preliminary steps of the grievance procedure prior to STEP NO. 2 will be omitted in such cases. Such special grievances may be settled by confirming management's action in dismissing the permanent employee or by reinstating the employee with full compensation for time lost or by any other arrangement which is just and equ itable, in the opinion of the conferring parties.

12.04 When an employee has been dismissed without notice, he shall have the right to interview his Steward for a reasonable period of time before leaving the premises, provided the Steward is immediately available on the premises or, if not, can be reached immediately by telephone, in which case the interview will be a telephone interview.

12.05 The Employer shall provide the employee and the Union with a copy of any written warning or adverse report affecting the employee. Any reply by the employee shall

become part of his record.

12.06 Whenever an employee is to be terminated, the Steward shall be present at his dismissal and the employee shall be given the cause for dismissal, in writing. A copy of this termination slip shall be forwarded to the Union Office and a copy will be given to the

Chief Shop Steward and one of the Shop Stewards.

12.07 Where, in 12.06 above, no Steward is available, the employee shall be given the cause for dismissal, in writing and copies of same shall be forwarded to the Union office. The grievor may request to have another Union member of his or her choice, agreeable to Management, at the meeting. If there is no mutual agreement on the choice of the other Union member, the meeting may be postponed until a Steward is available.

12.08 Any letter of reprimand, suspension or other sanction will be removed from the record of an employee two (2) years following the receipt of such a letter, suspension or sanction provided that the employee's record has been discipline free for the past two

(2) years.

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12.09 At the request of an employee, the employee and their steward (if requested) may have access to their employment file . It is understood that this shall occur on the employee's own time and at a time mutually agreeable to management, unless such request arises from the course of a grievance investigation.

rRTICLE 13 - SENIORITY

13.01 The parties recognize that Seniority List employees are entitled to an equitable measure of security based upon length of service. Seniority shall apply on a departmental basis.

13.02 An employee will be considered on probation and is not eligible to be placed upon the Seniority List until he has been employed for sixty (60) days worked (days actually worked), computed from the date of hiring. An employee who has successfully completed the probationary period, is placed upon the Seniority List, and credited with the number of months in which he has worked since his date of hire.

13.03 The Seniority List shall be prepared on a classification basis by the Employer. Full time and part time employees shall be listed separately within the Seniority List. For purposes of this Agreement, part time employees are those employees who regularly work twenty four (24) hours or less per week. A part time employee who is temporarily assigned full time hours shall remain on the part time seniority list.

Seniority will be accumulated, on the Seniority List, on the basis of the number of months in which an employee has worked at the locations covered by the terms of this Agreement. In the case of part time employees, this provision became effective November, 1981. Employees shall accumulate seniority on the basis of one (1) month seniority for any time worked or paid for in a given month. Seniority shall continue to be accumulated if an employee is absent from work due to a WSIB compensable injury or

illness.

In the event that the accumulated seniority of two or more employees is equivalent, the date of hire will be the deciding factor. Where several employees have the same date of hire, a random method of selection to be mutually determined by the parties shall be used as the deciding factor. Representatives from both parties shall be present during the selection process. To continue to acquire seniority an employee, when required by the Employer, must be available for the allocation of employment at the locations which he indicated on his preference sheet.

13.04 When an employee is permanently transferred from one department to another department, his seniority shall also be transferred to the department to which he has been assigned. An employee who is temporarily transferred from one department to

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another shall retain his sen iority rights and continue to accumulate seniority within his

home department while so assigned.

13.05 A part time employee who applies for and is selected to fill a full time vacancy shall Rat

carry his accumulated seniority from the part time Seniority List. l=lowever, A full time employee who applies for, and is selected to permanently fill a part time vacancy shall carry his accumulated seniority from the full time Seniority List.

13.06 The Employer agrees to post the Seniority List, showing the names of each employee in each classification, in May and November of each year. After each such posting, the Seniority List shall become final with respect to any employees designated, except as to any employee who disputes under the grievance procedure the accuracy of his or her date of hire or accumulated seniority within ten (10) working days following such posting. The Seniority List will be supplied by the Employer to the Union and all Shop Stewards, upon request. Such requests shall not be unreasonably denied.

13.07 The seniority provisions on months of service credit shall not apply to vacation entitlements; entitlement shall be based on date of hire.

13.08 The Union shall be promptly notified in writing when each probationary employee has completed their probationary period.

rRTICLE 14 - SCHEDULING

14.01 Employees shall select their choice of shift on the basis of bargaining unit seniority so long as the senior applicant is fully qualified to perform the work.

14.02 Notwithstanding Article 28.01, where an employee has signed the additional shift list, and works additional shift(s), the hours worked in that week will be paid in accordance with the Employment Standards Act (i.e., time and one half after 44 hours in a week, hours worked on a statutory holiday are not counted in the calculation of total hours worked for the week for time and one half calculation.

14.03 When an employee is scheduled to work in an equal or lower classification, the employee is paid the rate of the classification to which he is scheduled.

14.04 Work allocation/scheduling is done at the Employer's discretion if the Employer receives less than six (6) hours notice of the available work. In doing so seniority is a

consideration.

14.05 Bartending Scheduling: Temporary vacancies will be offered in order of seniority within a division. Vacancies will include but are not limited to sick leave, parental leave,

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vacation, personal leave, etc. Once full time employees have maximized their hours and shifts per week, part-time employees will be offered any remaining available shifts.

14.06 Outdoor Events and Functions: Sched uling employees for outdoor events such as but not limited to BBQ stands, etc., will be done in order of seniority.

When scheduling employees for outdoor group functions, scheduling will be done in order of classification seniority. During dark days the work will be first offered to Racing department employees, then to Gaming department employees.

Where circumstances allow, schedules shall be posted seven (7) days prior to the event

or function .

14.07 Available work is allocated within the respective department:

• Full-time employees are allocated available work to a maximum of five (5) shifts in

a week having regard to sen iority.

• Full-time employees who have indicated that they wish to work additional shifts and whose scheduled weekly hours for that week are less than thirty-six (36) hours are allocated available work having regard to seniority in increments of one

(1) shift, then;

• Part-time employees are allocated available work having regard to seniority.

rRTICLE 15 - LAYOFF AND RECALL

15.01 Where an employee is laid off for lack of work, such employee shall receive a document, so stating. Upon request by the Union or Chief Stewa rd to the Manager, Human Resources Services, a list of employees on lay off will be supplied within one week of

such request.

15.02 Employees shall be laid off in reverse order of their seniority, wit h students, probationary, and part time employees being laid off first. The Company shall allow an employee to elect to be laid off outside of his or her seniority. The employee who elects to be laid off shall be recalled as per article 15, unless the employee has agreed to

extend the layoff voluntarily.

15.03 An employee given a layoff notice shall have the following options:

i. accept the layoff, or

ii. displace an employee, in the same department, who is the least senior employee in a

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lower or identical paying classification, provided the employee is qualified to perform the duties of the lower or identical paying classificat ion, without training.

Where an employee has exhausted all possibilities under option (ii}, and a lay off of at least six weeks is anticipated, the employee may displace an employee in the same department, who is the least senior employee, in the next higher paying job classification, providing the employee has sufficient seniority and is able to perform the work of the higher paying job classification without training, other than orientation. (i.e ., 2-3 days}. Notwithstanding this provision, persons in the cook classifications are not

allowed to bump up.

An employee who elects to exercise his bumping rights shall notify the Manager, Food & Beverage Operations in writing, within t hree (3} working days following receipt of such layoff notice, failing which the Employer shall be entitled to proceed as if such employee had decided not to exercise his bumping rights.

15.04 The Employer shall give notice of recall by registered mail to the last recorded address of the employee. The employee shall keep the Employer advised at all times of his current address. The employee shall return to work within ten (10} working days from the time that he receives notice of recall unless an explanation satisfactory to the Employer is given by the employee.

15.05 Full time employees on layoff who have indicated that they wish to be recalled on a temporary basis will be offered available employment, on a seniority basis, provided they are qualified to perform the work. Unless an explanation satisfactory to the Emp loyer is given by the employee, an employee who refuses available employment will not be called again until regular scheduled employment (more than 24 hours per week}

is available on a regular basis.

Part time employees who have indicated that they are available for occasional employment, during periods of lay off, will be offered employment opportunities in accordance with seniority. Unless an explanation satisfactory to the Employer is given by the employee, an employee who has indicated that he is available, and is contacted and is not available, will not be offered employment opportunities again, while on lay off.

15.06 The following procedure shall apply in the event of a lay-off of employees employed by the company within the "Racing" area and "Gaming Food and Beverage Department" of the bargaining unit described in Article 2 of this Agreement.

a. The "Racing" and "Gaming" Food and Beverage departments and the classification within such departments in which the lay-off is to occur will be identified;

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b. All probationary employees within the "Racing" and "Gaming" Food and Beverage Department classification will be laid off first;

c. If after all probationary employees employed within such classification have been laid off, part-time employees within the "Racing" area and the "Slots" are to be laid off, after all the part-time employees within such classifications have been laid off, full-time employees within such classification in the "Racing" area and the "Slots" area with the least seniority will be laid off. It is understood that laid off employees in the "Slots" or "Racing" area will not have the option of "bumping" into the "Slots" area or "Racing" area in the event of lay-offs, unless it is a long term lay-off of a consecutive period of twelve (12) months following the last racing day, subject to skill, ability, and qualifications, including any licensing requirements.

After twelve (12) months, employees have fourteen (14) days to notify the Employer of their written intention to bump into the area. An employee wishing to bump into the Slots area must obtain the applicable gaming license. For a period of thirteen (13) months after an employee bumps into another area pursuant to this article, the employee must return to their original position should it become available.

The full-time employees will be placed at the bottom of the full-time classification

seniority list.

Winter Functions: At the end of the racing season, laid off employees may indicate their willingness to be called in for winter functions by signing a list to be posted by the employer. Employees would be offered the available work by classification seniority. An employee who has signed the list and who refuses on two (2) occasions of offered work, will not be called again.

rRTICLE 16 - LOSS OF SENIORITY

16.01 An employee shall lose his seniority and deem to be terminated in any of the following circumstances:

(a) if he is discharged for just cause and is not reinstated; or

(b) if he resigns voluntarily; or

(c) if he is absent from work for three (3) days or more without having obtained an

authorized leave of absence; or

(d) if he does not return to work within seven (7) working days from the time that he receives notice of recall unless an explanation satisfactory to the Employer is given

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by the employee. The employee shall keep the Employer informed of his current address and telephone number in writing. The employee shall be deemed to have received notice of recall if the Employer sends him such notice by registered mail, addressed to the last address provided by the employee; or

(e) if he/she utilizes a leave of absence for purposes other than that/those for which the leave of absence has been granted, inclusive of engaging work outside; or

{f) when the part time employee refuses to work on the third occasion within a thirty {30) day calendar period, unless a valid reason is given, subject to the grievance procedure; or

(g) is laid off for a period of more than twelve (12) months; or

(h) or is absent due to illness or disability for more than twenty-four (24) months. This clause shall be interpreted subject to the provision of the Human Rights Code.

rRTICLE 17 - LEAVE OF ABSENCE

17.01 An employee shall not take leave of absence without the prior approval of the Employer.

17.02 Employees may be granted leave of absence without loss of seniority. Subject to paragraph 17.03 of this Article, leave of absence will not be granted for the purpose of engaging in work outside the Employer's employment.

17.03 Applications for leave of absence must be made in writing to the Food and Beverage Manager, at least two (2) weeks prior to the desired date of commencement of such leave and must indicate the length of leave requested and declare the purpose for which such leave is requested . Leave of absence may be granted in cases of sickness, pregnancy or, where appropriate, in case of legitimate personal problems. The Employer's reply will be given to the employee in writing, within a reasonable period of time. An employee who uses his leave of absence for any purpose other than that declared in his application for such leave, may be subject to disciplinary action.

17.04 Employees serving as jurors shall receive full pay while absent from work on jury duty. The employees will present proof of service and will turn over to the Employer the payment, excluding travelling, meals and other expenses, they received for said jury service.

17.05 Pregnancy and parental leave shall be granted in accordance with the Employment Standards Act Ontario Maternity, 2001. The combined leaves shall be for a period of up to twelve (12) months. Any employee absent due to pregnancy shall continue to

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accumulate her seniority based on the number of months she would have been

scheduled to work.

17.06 Upon request of the Union, the Employer may grant a leave of absence of no more than six (6) months to an employee who has been selected for a training/internship position with the union. Such leave may be renewed with the permission of the Company.

17.07 In addition to Article 17.06, a leave of absence shall be granted for up to three (3) days per calendar year without loos of pay or benefits to the Workplace Chair and one (1)

Steward to attend the Union educational/training functions.

rRTICLE 18 - EDUCATIONAL SEMINARS

18.01 Where the Employer requires an employee to attend courses, he shall be paid the straight time hourly rate for his classification for time spent in the course. It is understood that the hours spent at meetings or seminars shall not be counted as time worked for the purposes of overtime ent itlement.

rRTICLE 19 - BEREAVEMENT PAY

19.01 Whenever there is a death of a member of the immediate family of an employee who is covered under this Agreement, while he is actively working for the Employer during a scheduled Meet, the employee will, upon application and proof of death, receive leave of absence with pay, for three (3) days following the date of death of a member of the immediate family and the employee will be paid for all scheduled work time within the

three day leave period.

The term "immediate family" shall, in this Article, mean grandparents, the mother, father, brother, sister, husband, wife, children, grandchildren, mother-in-law, father-in­law of such employee. Provided further, where there is a death of the brother-in-law or sister-in-law of the said employee, then such employee will, upon the foregoing terms and conditions, receive leave of absence with pay for two (2) days. Further, where there is a death of the niece or nephew of the said employee, then such employee will, upon the foregoing terms and conditions, receive a leave of absence without pay of two (2}

days.

rRTICLE 20 - VACANT POSITIONS

20.01 Employees shall be entitled to bid on vacant positions within the bargaining unit. Applications shall be considered by the Employer on the basis of skill, ability, competence and efficiency of the employees, as the governing factors. When these factors are judged to be relatively equal amongst the candidates for the job vacancy,

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then seniority shall be the governing fact or.

20.02 (a) In order that notification of such vacancies be given, the Employer will post at all tracks then operating, a notice of such a vacancy arising at any track. The posting will be for a period of five (5) calendar days.

A copy of the posting will be sent to the Union and given to the Union Steward at the track where the vacancy occurs. The Steward will be requested to sign an

acknowledgement of receipt of the job posting.

(b} When necessa ry, the Employer may fill the vacant position while determining the result of the posted position. The employee filling the position on this temporary basis, will have the opportunity to bid for the position .

20.03 Ability to do the job means abil ity to perform the requirements of the job following a trial period of up to thirty (30} working days. In the event the employee is not able or does not wish to complete the trial period, he shall be returned to his former position, and wage without loss of seniority and any other employee who has been promoted or transferred because of the rearrangement of position shall also be returned to his former position, and wage, without loss of seniority.

20.04 An employee who is promoted to a position outside the bargaining unit during the term of this Agreement may, at his option or at the option of the Employer, be reassigned to a position within the bargaining unit at any time within sixty (60} working days from the date of promotion. Where an employee is reassigned to a position within the bargaining unit he will be credited with the seniority he had at the time of promotion, and he will also be credited with seniority for that time period he spent in the position outside the bargaining unit. In addition, upon reassignment to a position within the bargaining unit, the employee will not suffer a reduction in any benefits provided, pursuant to the

Agreement.

An employee who is temporarily assigned to a position outside the bargaining unit, will continue to accumulate seniority in his own classification. Temporary is to be considered to be less than sixty (60} working days.

20.05 An employee who has successfully posted into another department cannot apply for another vacant position in a department different than that which they posted into until he has worked for a period of thirteen (13) months. Subsequent to the thirteen (13} month period, the employee can once again apply for vacant positions in a department other than his own in accordance with Article 20.01. Nothing herein prohibits an employee who has posted into another department from applying for vacancies within

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the new department.

20.06 Tern porary vacancies of more than thirty (30) days will be posted as a temporary vacancy in the same manner and conditions set out in Section 20.01.

rRTICLE 21 - STATIONS

21.01 The Employer agrees that the server's stations shall be rotated between service staff on a fair and equitable basis each working day, with some occasional exceptions to be

agreed upon between the Employer and the Union, when necessary.

rRTICLE 22 - REPORTING FOR WORK PAY

22.01 All employees reporting for work on instructions of the Employer but for whom no work is available, shall be paid for four (4) hours work, provided that such lack of work is not due to labour dispute, fire, flood or any other cause beyond the control of the Employer. An employee shall not be entitled to any pay if the Employer has made every reasonable effort to contact the employee in order to advise him not to report for work.

22.02 Provided that the separation from work is not caused by their own dispute, fire, flood or other cause beyond the control of the Employer, an employee who commences work on his regularly scheduled shift at the regular starting time, and is directed to cease work and is sent home on the instructions of the Employer, prior to completion of the shift

shall be paid:

(a) for all the hours of his scheduled shift, providing more than one-ha If (Yi) of the

scheduled hours have been worked; or,

(b) for four (4) hours, in cases where one-half (Yi) or less of the scheduled hours have

been worked.

rRTICLE 23 - BULLETIN BOARDS

23.01 The Employer will provide a bulletin board in a mutually satisfactory location of the premises, for the convenience of the Union in posting notices of Union activity. All such notices must be signed by the proper officer of the Union and submitted to the Food and Beverage Manager or his authorized representative, for approval, before being posted.

rRTICLE 24 - ACCESS TO PREMISES

24.01 The Employer shall, subject to the terms of this Agreement and subject to all rules, Regulations and directives of Agriculture Canada and the Ontario Racing Commission, permit authorized representatives of the Union, not exceeding four (4) in number, to

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have access to that portion of Fort Erie Racetrack where the employees are working. In consideration of this privilege, the Union agrees that the visits of its representatives shall not impair or hinder production or services and that such visits shall be limited to the

proper discharge of Union business.

rRTICLE 25 - UNIFORMS

25.01 The Employer will supply, at no cost to the employee, those uniforms which employees in the Kitchen Department, Stand Department, Warehouse/Storeroom Department, Servers and Bus Help are required to wear at work. Full time employees will be issued three (3) uniforms and part time employees will be issued three (3) uniforms which will be replaced at the discretion of the Employer. Uniform issues will be treated with care

by the employees.

25.02 The Employer will maintain those uniforms which are issued to employees in the Kitchen Department and the Warehouse/Storeroom Department. It is further understood that uniforms issued to all other employees will be maintained by the employee.

25.03 Upon receipt of proof of purchase, the Employer will reimburse full time employees, required to wear safety footwear, a maximum of one hundred and twenty-five ($125.00} dollars per year, and part time employees, required to wear safety footwear, a maximum of one hundred and twenty-five ($125.00} dollars once every two (2) years.

Note: Fulltime employees may carry this footwear allowance over from one year to the next to provide for a total footwear allowance of two hundred and fifty ($250.00)

dollars in a two-year period.

rRTICLE 26 - OCCUPATIONAL HEALTH AND SAFETY

26.01 The Employer, the Union and the employees shall co-operate to maintain healthy and safe working conditions and shall comply with the provisions of the Ontario

Occupational Health and Safety Act.

26.02 For each department (i.e. Gaming Department and Trackside Department), the Union will have one (1) Health and Safety Representative.

26.03 Time spent in committee meetings shall be paid at regular wage and shall not be

included in the calculation of overtime.

rRTICLE 27 - PARKING

27.01 The Employer agrees to provide parking facilities for employees covered under this

Agreement.

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rRTICLE 28 -

28.01 (a)

(b)

(c)

(d)

(e)

HOURS OF WORK

The daily total of hours and days of work is to be scheduled and the schedule posted by the Employer, one week prior to the start of the work week. Variations in the schedule may be made to meet service conditions and such adjustments are made at the discretion of the Employer. The work week shall be from Sunday to

Saturday.

Preparation and clean up time worked shall be included in the total hours of

actual work that may be required .

Those employees on shifts over four (4) hours will have one half hour paid lunch period and two ten (10) minute rest periods. One such rest period will be scheduled in each half of the employee's full shift.

The Employer shall provide meals to all employees covered by this Agreement. All such employees shall pay through payroll deduction, an amount of one dollar ($1. 00) for each shift worked.

Any hours worked by an employee in excess of forty (40) hours per week, shall be paid at the rate of time and one half his regular rate, as shown in Schedule "A" .

rRTICLE 29- WAGES

29.01 During the term of this Agreement, the Employer and the Union agree, that the classifications and wage rates will be as set forth in Schedule "A" hereto, which is hereby made part of this Agreement.

29.02 Where the Employer assigns a Cook to replace a kitchen Chef during Live racing only, at a kitchen where a kitchen Chef is normally working, the Cook will be paid the sum of twenty-five dollars ($25.00) per day, in addition to his regular wages for that day.

29.03 An employee who is temporarily assigned by the Employer to work in another classification for a minimum of the lesser of 3 hours or one half of a shift, shall receive while so assigned, the wage rate he was being paid immediately prior to such assignment, or the wage rate for the classification to which he has been assigned, which ever is greater.

29.04 When a new classification is created, the Employer will set the wage rate for the new

classification and advise the Union of the same.

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rRTICLE 30 - VACATION PAY

30.01 Every employee shall have two (2) weeks vacation with pay, upon completion of twelve months employment.

30.02 The amount of vacation pay to which an employee is entitled shall be:

(i) with respect to an employee appearing on a Seniority List and having five (5) years and less than ten (10) years continuous employment, while on a Seniority List - 6%

(3 weeks)

(ii) with respect to an employee appearing on a Seniority List and having ten (10) years and less than fifteen (15) years continuous employment, while on a Seniority List - 8% (4 weeks)

(iii) with respect to an employee appearing on a Seniority List and having fifteen (15) or more years of continuous employment, while on a Seniority List - 10% (5 weeks)

(iv) with respect to all other employees 4% (2 weeks)

(v) Vacation pay shall be calculated up to and including the last Saturday of June, of every year. The vacation pay shall then be paid within fourteen (14) calendar days from the last Saturday in June.

a: Other than the normal pay out period described above, vacation pay will only be paid out when the employee is on scheduled vacation, at the employee's request one pay week prior to the start of his vacation.

30.03 For vacation scheduling purposes the vacation year will be deemed to be from January 1st to December 31st. Vacation requests for the upcoming year submitted in writing to the respective Food & Beverage Manager by October 1st, will be considered based on the operational requirements of the Employer and the seniority of the employees concerned. Approved vacation schedules will then be posted by October 15th. Vacation requests submitted after October 1st will be considered based on the operational requirements of the Employer and on a first come, first serve basis.

rRTICLE 31- BENEFIT PLANS

31.01 The Employer agrees to contribute to the Union's health and welfare plan on behalf of an employee on the Full time Seniority List in any month having four (4) pay periods, when he works at least eighty (80) hours in the pay periods falling within the month and in any month having five (5) pay periods, when he works at least one hundred (100)

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hours in the pay periods falling within the month.

The contribut ions will be based on the employee's hours worked in the pay periods falling within the respective month, to a maximum of one hundred and sixty (160) hours, multiplied by one dollar and nine cents ($1.09) effective one month after ratification; one dollar and fourteen cents ($1.14) effective at January 1, 2005; one dollar and nineteen cents ($1.19) effective at January 1, 2006. When an employee works one hundred and thirty-eight (138) hours or less in the pay periods falling within the month, the Employer's contribution will be based on one hundred and thi rty eight (138) hours.

An employee for whom the Employer is making contributions to the Union's health and welfare plan shall be deemed to have worked twenty (20) hours in any week when the employee is on approved:

(a) pregnancy/parental leave; or,

(b) vacation; or,

(c) sick leave for more than a calendar week to a maximum of six (6) months; or,

(d) absence due to an occupational injury as defined in Article 31.03 to a maximum of twelve (12) months

31.02 The Employer agrees to contribute on behalf of Seniority List employees, save and except employees regularly working less than twelve (12) hours per week, forty cents ($0.40) per hour effective at ratification; maintain forty cents ($0.40) per hour effective at January 1, 2005; increase to forty five cents ($0.45) per hour effective at January 1, 2006 as the Employer's contribution to a Pension Plan and the employee shall contribute an equal amount.

It is understood and agreed that the contributions by the Employer described above, shall be calculated on the basis of actual hours worked by each such employee, excluding overtime hours, to a maximum of forty (40) hours per week. It is further understood and agreed, that the administration of the said plans shall be the sole responsibility of the Trustees.

31.03 The Employer agrees to pay the full premium cost of an occupational long-term disability benefit plan selected by the Employer for employees, save and except employees regularly working less than twelve (12) hours per week, which will provide a benefit of 67% of regular wages.

The Employer agrees to make on behalf of employees, save and except employees

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regularly working less than twelve {12) hours per week, all premium payments for an Occupational Disability Benefit plan. The Plan shall provide 662/3 % of an employee's weekly earnings from the first day of absence to a maximum of 104 weeks, providing the employee's injury or disablement arose from an identifiable incident that occurred out of and in the course of his employment in the Food and Beverage Operations department, and the employee is unable to perform the essential duties of his own occupation.

In the event that the employee continues to be disabled beyond 104 weeks, subject to the terms and conditions of the plan, he will receive 662/3% of his weekly earnings, providing he is unable to perform any occupation, to the earlier of age 65 or the date he

ceases to be disabled .

"Weekly Earnings" for the purpose of this article shall mean the Seniority List employee's average weekly earnings excluding premiums and overtime for the thirteen (13) weeks of earnings prior to the last day worked.

It is expressly understood and agreed that if the Employer is required, pursuant to statutory and/or regulatory provisions not in force at the date hereof, to provide and/or participate in a benefit of the kind referred to in this Article 31.03, then such benefit shall be in lieu of the benefit provided for in this article.

31.04 In cases of excessive absenteeism, the Department Head or designate shall have the right to request and receive from the employee, a medical certificate by a duly qualified medical practitioner, to validate his/her absence due to illness, from regularly scheduled work. Where the Employer requests a medical certificate, the Employer shall reimburse the employee for the full cost the medical certificate.

rRTICLE 32 - STATUTORY HOLIDAYS

32.01 The following days are Statutory Holidays with pay: New Year's Day, Family Day Good Friday, Victoria Day, Dominion Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

32.02 Subject to paragraph 33.03 and except as otherwise provided in this Article, each employee shall have a holiday on a day that is a holiday and shall be paid his regular daily wage rate for such holiday.

32.03 Paragraph 33.02 above, does not apply to any employee who:

(i) is employed for less than three months

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(ii) has not earned wages on at least twelve (12) days during the four (4) work weeks immediately preceding a public holiday

(iii) fails to work his scheduled regular day of work preceding or his scheduled regular

day of work following a public holiday

(iv) is employed under an arrangement whereby he may elect to work or not, when

requested to do so; or

(v) has agreed to work on a public holiday and who, without reasonable cause, fails to

report for and perform the work

32.04 Where a public holiday falls upon a working day for an employee, the Employer may, with the agreement of the employee or his agent, substitute another working day for the public holiday, which day shall not be later than the next annual vacation of the employee and the day so substituted shall be deemed to be the public holiday.

32.05 Where a public holiday falls upon a non-working day for an employee or within his vacation, the Employer shall (a) with the agreement of the employee or his agent, pay the employee his regular wages for the public holiday; or (b) designate a working day that is not later than the next annual vacation of the employee and the day so designated shall be deemed to be the public holiday.

32.06 Where an employee, to whom paragraph 33.02 hereof does not apply, is required to work and works on a holiday, the Employer shall pay the employee for his work, his wages at his regular daily wage rate and an additional amount of one and one half (1Yi) times his regular wage rate, as holiday pay. There shall be no pyramiding of premiums.

rRTICLE 33 - CASH SHORTAGES

33.01 It is understood and agreed, that each and every employee shall pay, as and when required by the Employer, any and all shortages for which he may be solely responsible.

rRTICLE 34- GOVERNMENT REGULATIONS

34.01 It is understood and agreed, notwithstanding anything contained in this Agreement, that the employee shall be subject to the supervision of The Canadian Pari-Mutuel Agency as provided by the Regulations made by the Minister of Agriculture, Section 204 of the Criminal Code of Canada, as may be amended from time to time; subject to such provisions of The Racing Commission Act and regulations thereunder and the rules of The Ontario Racing Commission, as are applicable and subject to the rules and regulations of the Alcohol and Gaming Commission of Ontario (AGCO) and other such

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related gaming and control regulations as are applicable.

rRTICLE 35 - PARTIES BOUND

35.01 The provisions of this Agreement and the rights, obligations and benefits provided herein, shall bind and ensure to the benefit of the parties hereto and each and every member of the bargaining unit and shall be binding upon the Employer, its successors

and assigns.

rRTICLE 36 - PRINTING OF COLLECTIVE AGREEMENT

36.01 The Union and the Employer will share equally in the cost of printing this Agreement in

booklet form.

rRTICLE 37 - TERM

37.01 This Agreement shall be in force from April 1st, 2018 until March 31st, 2020 and shall continue in force from year to year thereafter, unless not more than ninety (90) days

and not less than sixty (60) days prior to the termination of this Agreement, either party

shall furnish the other with notice of termination of this Agreement.

IN WITNESS WHEREOF the party of the first part has hereunto affixed its Corporate seal,

under the hands of its proper officers and the party of the second part has caused its

proper officers to affix their signatures, as of the day and year, first above, written.

UNITE HERE Ontario Local Council J:ocal 2;{t__ FORT ERIE LIVING RACING CONSORTIUM (FELRC)

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SCHEDULE "A"

HOURLY WAGE RATES

JOB CLASSIFICATION Effective

BY DEPARTMENT 2018 Pay Rate

I. KITCHEN DEPARTMENT

Cook I $18.07 Cook II $16.86 Cook Ill $14.76 Kitchen Cleaner $14.30 Pantry $12.85 Laundry Room Attendant *$14.28 Potwasher $11.74 Dishwasher *$14.28 Hostess *$14.28

II. DINING ROOM SERVICE DEPARTMENT

Dining Room Server

111. STAND DEPARTMENT

Stand Captain Stand Attendant I

Stand Attendant II

IV. WAREHOUSE/STOREROOM DEPARTMENT

Receiver

Porter

V. BAR SERVICE

Bartender Cocktail Server

VI GAMING DEPARTMENT

Head Line Cook

Line Cook Pantry

*$12.44

$12.96 $12.68 *$14.28

$14.76 *$14.28

*$14.28 $10.15

$16.24 $14.76 $12.85

April 1, 2019 Pay Rate

*$20.00 *$18.70 *$16.50 *$15.16 $13.24 *$15.16 $12.09 *$15.16 *$15.16

*$13.19

$13.35 $13.06 *$15 .16

*$15.65 *$15.16

*$15.16 $10.45

$16.73 $15.20 $13.24

No person covered by this agreement shall earn a base rate less than the minimum wage plus 2%.

$125 signing bonus paid September 21st, 2018. To be eligible, employees must have a 30 hour per week average for the 10 weeks prior to September 21st, 2018.

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Letter of Understanding #1

Re: Bumping Rights For Porters

The parties agree that where a layoff of at least six weeks is anticipated, Porters that were in the employ of the Employer as of the date of ratification, may displace an employee on the same seniority list, in the Stands Department, who is the least senior employee, in an equal paying job classification, providing the employee has sufficient seniority) and is able to perform the work of the job classification without training, other than orientation.

Where the Porter has exhausted all possibilities under this option, he may displace the least senior employee, in the next higher paying job classification in the Stands Department, providing he has sufficient seniority and is able to perform the work of the higher paying job classification without training, other than orientation.

An employee who elects to exercise his bumping rights pursuant to this letter of understanding shall remain in the Stands Department until regularly scheduled shifts (more than 24 hours) in the Porter position are available on a regular basis.

Signed at Jot+ k.e this / qi-A. day Qco1rv1.bVl of2018

Fort~r:ut4lv--- For the 1::J:f-l~m.t.: <~-J.fh PL'lL/ [R._

~ \\~

6>.J. f ~/~ TI[

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Letter of Understanding #2

Re: Gratuity Distribution

The parties agree that the following policy will be followed in the distribution of the charged gratuities to Dining Room Servers for special parties/banquets and group sales function .

Special Parties/Banquets: Eighty (80) percent of the charged gratuity, based on fifteen (15) percent of the food cost value or sales value, as applicable, will be divided evenly among the Dining Room Servers working the

event. If beverages from the bar are served by the Dining Room Servers, seventy-five (75) percent of the charged gratuity, based on fifteen (15) percent of the bar cost or sales value, as applicable, will be divided evenly among the Dining Room Servers working the event.

Group Sales Functions Eighty-five (85) percent of the charged gratuity, based on fifteen (15) percent of the food sales value will be divided among the Dining Room Servers working the function. The amount received by each Dining Room Server is based on the number of guests served.

If beverages are served from the bar, under a Bar Services Contract, eighty-five (85) percent of the charged gratuity, based on fifteen (15) percent of the bar sales value will be divided among the Dining Room Servers working the function. The amount received by each Dining Room Server

is based on his bar sales.

Outdoor Events and Functions The employer agree to a fifteen percent (15%) service charge to be distributed equally among the bargaining unit employees performing the function as follows:

Servers: 7 .5% Bartenders: 3% Porters: 2.5% Cooks: 2%

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Letter of Understanding #3

Re: Seniority

The parties agree that there will be one seniority list for all employees, subject to the following

exception:

The identified group of twelve (12) bartenders comprising Local 280, specifically those bartenders whose employment preceded any new hiring during the fall of 1999 due to the opening of the slot machine facility at the racetrack, will be "red-circled." As long as the employee remains in his current bartender position, he will maintain "super seniority" above other bartenders in the same classification. The "super seniority" status will only be maintained where the bartender remains in his current position. If the member successfully obtains another position and decides to accept such transfer, that member will forfeit the "super seniority" status permanently.

The parties further agree that all employees hired as November 18, 1999 will be subject to the probationary period outlined in Article 13.02 of the Collective Agreement between the Employer

and Local 75.

The parties further agree that current members of Local 280 (as of November 18, 1999) will not be subject to the probationary period in Article 13.02 of the Collective Agreement between the Employer and Local 75. Those employees will be subject to a probationary period of forty (40) days worked (days actually worked), computed from the date of hiring. An employee who has successfully completed the probationary period is placed on the Seniority List and credited with the number of months in which he has worked since his date of hire.

Signed at JorJ:.iAj __ l this / CJ day {}.Cef!14ku[) of 2018

Forthecr~ Umt :flv---6L. f ~/~ ][

For the ~ : 8vtPLoc/(:f!_

i;JA#i kr::=

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Letter of Understanding #4

Re: Grievance Mediation

The parties agree to implement a Grievance Mediation procedure on a trial basis, for a period of one (1) year in accordance with the following provisions :

(a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within seven (7) days of the Employer's decision which has been rendered at Step No. 2. Where the matter is so referred, the Mediation process shall take place before the matter is referred to Arbitration .

(b) Grievance Mediation will commence within twenty-one (21) days of the grievance being

submitted to Mediation.

(c) The Grievance Mediation process is without prejudice to any position either party may take

should the matter be referred to Arbitration .

(d) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed

in the grievance procedure.

(e) The Mediator will be from the Independent GSO Mediation Services and must be able to commence the Grievance Mediation within the time limits set out in item (b) unless the parties mutually agree to extend the time period of such Mediator.

(f) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made, and legal counsel shall not be used

by either party.

(g) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in

advance of the Grievance Mediation Conference.

(h) The Mediator will have the authority to meet separately with any person(s) but will not have

the authority to compel the resolution of a grievance.

(i) If no settlement is reached within three (3) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with Article 11. In the event that

33 IP age

a grievance which has been mediated subsequently proceeds to arbitration, nothing said or done by the Mediator may be referred to at Arbitration, unless the parties agree.

(j) The Union and Employer will share the cost of the Mediator, if any.

Signed at M ,k1 this 1q day Otc.e111.h.ll)

Forth0~ Ui~ @..J.f~/~][

of2018

34 IP a g e

Letter of Understanding #5

Re: Contracting Out

The Employer agrees that it will not contract out work or services which will cause or result in a lay-off or a significant reduction of hours or days during the term of this agreement.

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Letter of Understanding #6

Re: Scheduling Adjustments in the Slot Area

Every three {3) months (January, April, July, October), management will develop a master

schedule of a II available shifts each week. In order of classification seniority full-time employees

will choose their shifts from this master schedule. All full-timers will be required to choose a

minimum of four (4) shifts. Full-timers will be able to choose up to six (6) shifts provided that

their total hours do not exceed 40 in any given week.

Once all full-time employees have chosen a minimum of four shifts or maximum hours, part-time

employees will select from the remaining shifts on the master schedule. Part-timers will be

required to choose a minimum of two {2) shifts or a maximum of three (3) shifts, provided that

hours do not exceed 24 in any week.

Once shifts are chosen, this will become the set schedule for that employee for the next three

months. The parties acknowledge the employer's right to adjust the set schedule by adding or

deleting shifts, before the end of the three {3) month period as a result of business demands.

Employees requesting to change their set schedule prior to the conclusion of the three-month

period will be responsible for switching shifts in order of seniority and obtaining management

approval.

Set schedules chosen each quarter will be effective on the first Sunday of the calendar month.

Where a "permanent deletion" occurs to the master schedule as determined by management,

employees affected will be permitted to utilize their seniority to select other shif ts jolted by

persons of lesser seniority.

Switching Shifts

Employees will be permitted to switch shifts provided that it is done on an official CHANGE

FORM, signed by all affected parties, and approved by a Food and Beverage Supervisor. Shift

changes which create a situation where an employee works a seven (7) day stretch, or which

create an overtime situation will not be approved. Shift switches must be within the same

classification. Employees will not be allowed to switch a shift and then drop that shift.

36 IP a g e

Leaves (Sick, Pregnancy, Personal)

Should a full-time employee be approved for a leave of absence, their complete schedule will be

offered to all full-time employees with less classification seniority. The remaining full-time

schedule will be offered to part-time employees by seniority. The revised schedule will then

commence on the following schedule after all shifts have been assigned.

Vacations

Vacations must be scheduled by October pt of each calendar year. Employees will complete the

. vacation Coverage Request Form no less than two (2) weeks prior to the scheduled vacation

week they are requesting. Requests must be made for the full weeks schedule. Requests will be

honoured by classification seniority with all denied requests offered the set schedule of the

person approved to cover the schedule. Part-time employees will not post for vacation coverage

but will be offered excess shifts by seniority to a maximum of twenty-four (24) hours. If after this

has been completed additional shifts are available, part-time employees, by seniority will be

offered additional shifts.

Replacing Sick Calls I Dropped Shifts

Sick calls and dropped shifts will be offered by seniority to those full-time employees who are not

scheduled the maximum shifts. Once this process is complete, shifts will be offered by seniority

to part-time employees who are not scheduled to work. Supervisors will offer these shifts by

calling employees and allowing ten (10) minutes for a return call if a message is left.

Requested Days Off

All requested days off must be submitted no earlier than two (2) months and no later than two

· (2) days prior to a schedule being posted. All requested days off will be offered to other

employees in a manner as sick calls and dropped shifts.

Additional Shifts

Any additional shift added to a schedule, will be offered by seniority to any employee who has

yet to be scheduled the maximum shifts or hours, (full-time and then part-time) provided that

their total hours do not exceed 40 in a given week for full-time employees and 24 in any given

week for part-time employees, and provided that no overtime shall be or become payable. Set

schedules will not change as a result of an added shift.

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Signed at Jim±-JLLL £? this ) °I day (.le ce (1.q bi.I\ of 2018.

LW1 P l.Dt/ E,R.

Forthe h ~~

38 IP age

Letter of Understanding #7

Re: Food Discount

All current employees will receive a 50% discount off of food purchases on live racing days.

Signed at );J.cn.f'=-~R this ( Cf day Q [{} fll,/ ia£1 of 2018

· UAJfo;J For the 0 ~ 1t,:f2v-_

'-" .. ----- -VN. f. /~ llL

Other Items Agreed to

- 1. Labour Management Committee

• Meet 1 hour monthly

• Staff rep shall attend

For the ~ LDc.;£/2_

• 3 members from bargaining unit and staff

• shall meet to discuss potential cooperative efforts to increase revenues and protect

jobs

2. The Company shall provide an updated seniority list quarterly, 2 weeks ahead of scheduling

adjustments referred to in Letter of Understanding #6.

3. Union and Management to sit down 1 week prior to determine what sh ifts shall be available

for the following quarter. Management shall give serious consideration to the Union's input

in this process.

4. Management shall post the final schedule and employees shall make their picks as per

Letter of Understanding #6 and associated language.

39 IP age