Common use of HOURS OF WORK AND OTHER WORKING CONDITIONS Clause in Contracts

HOURS OF WORK AND OTHER WORKING CONDITIONS. 20.01 The normal work week for a full-time employee shall consist of forty (40) hours worked, exclusive of lunch periods, comprised of eight (8) hours worked per day in five (5) days per week. The Employer shall use its best efforts to arrange schedules so that such employees will, wherever possible, have two (2) consecutive days off, during each work week. The above shall not be deemed to be a guarantee of hours, and the parties acknowledge that operational needs of the Employer may result in Employees being scheduled for regular hours of more or less than 8 hours per day, or more or less than 40 hours per week. Overtime shall continue to be paid in accordance with Article 20.05 below. (a) The Employer shall, post shift schedules no later than Thursday by 12:00 noon for the week commencing the following Sunday. When necessary, the schedule shall be modified with as much prior notice as possible. An employee who notices a mistake in the schedule shall notify the Supervisor immediately. (b) A full-time employee working the afternoon or night shift shall receive a minimum of two (2) hours notice, and day-shift employees one (1) hour notice, in advance of the commencement of the scheduled shift of a cancellation. A message left on the employee’s answering machine or with a person who answers the employees telephone or three (3) unsuccessful attempts to contact the employee shall constitute notice to the employee of the cancelled shift. (c) In the event that two (2) hours or one (1) hour notice of cancellation of the said scheduled shift is not given to the employee, the Employer will pay the employee two (2) hours wages. 20.03 The parties agree that Employees, in declining order of seniority (from most senior to most junior), the most senior full-time Employee who has the skill and ability to perform the work available shall receive the maximum number scheduled regular hours available by the day and by the week to a maximum of eight (8) hours per day and forty (40) hours per week. The Employer may schedule shifts for longer than eight (8) hours or more than forty (40) hours in a week depending on the needs of the Employer. The above does not apply to banquet servers, banquet cashiers and banquet bartenders, who may be scheduled up to forty-four (44) hours per week. Nothing herein shall require the Employer to schedule an Employee for more than five (5) shifts per week or one (1) shift per day. 20.04 The parties agree to recognize that there may be scheduling anomalies within various Departments that may conflict with the provisions of this Collective Agreement. The parties further agree that such scheduling anomalies may be permitted to continue provided there is mutual agreement between the Departmental Manager and the Associate. 20.05 The Employer will pay overtime at the rate of time and one-half of the employee’s basic rate of pay for all authorized hours worked in excess of forty-four (44) hours per week. 20.06 Employees will be entitled to one (1) fifteen (15) minute rest period for each half shift of four (4) hours, except where scheduling does not permit a break, at a time determined by the Employer and consistent with efficient operations and guest service. Where the employee is asked to work during his/her break, the employee shall be paid additional funds on a straight time basis for the lost break time, or if the volume of work permits, shall be allowed to leave early. The authorizing supervisor shall sign for the missed break. 20.07 Employees working a shift of five (5) hours or more shall be entitled to a half hour unpaid meal break to be taken at a time designated by the Employer. 20.08 An employee who reports for work at his or her regular time and who is sent home because no work is available or commences to work but is assigned less than eight (8) hours’ work, shall receive a minimum of three (3) hours’ pay at the appropriate hourly rate. This provision shall not apply in circumstances beyond the reasonable control of the Employer. (Examples: such as fire, flood, major equipment failure.) 20.09 It is the employee’s obligation to keep the Employer and Union informed of his or her correct Social Insurance Number, address, current spouse and telephone number, and the Employer shall not be liable for any payment hereunder unless arrangements have been so made. 20.10 An employee who has left after the completion of his or her regular shift and is called back to work and agrees to do so, shall receive a minimum of four (4) hours’ pay. This provision is not applicable to a scheduled split shift. 20.11 If an employee punches or signs out late, it will be assumed that the employee was delayed for personal reasons and that the time shown on the time card and sign out sheet, beyond the regular quitting time, is the employee’s personal time unless procedures in Article 20.12 are followed. 20.12 Each employee must obtain from his or her department head/supervisor, authorization in advance of his or her overtime work before payment beyond the normal quitting time will be made. (a) An employee must report verbally to their Manager/Supervisor, his/her absence at least three (3) hours prior to the commencement of his or her scheduled shift. If an employee is not able to reach their own Manager/Supervisor, he/she must speak with the Night Manager or Manager on Duty. It is an unacceptable to leave a message on the Manager’s voicemail since the information may not be retrieved in a timely matter. In the event any of the above is not possible, the employee is to leave a message with the Switchboard Operator (At Your Service - AYS) stating the reason for his/her absence. AYS will log in the call and notify the Manger/Supervisor with the information. The Employer shall not ask for a Doctor’s Certificate (note) for an absence on account of illness for three (3) consecutive days or less, unless the employee has been absent for more than six (6) incidents in a twelve (12) month period or more than twice during two (2) consecutive pay periods. (b) When the Employer requires the production of a Doctor’s Certificate for an absence on account of illness, the employer will reimburse the employee for an amount up to Twenty Dollars ($20.00) for the Certificate upon production of a receipt for payment. 20.14 An employee temporarily assigned for more than four (4) consecutive hours in any one day to a higher rated non-gratuity position shall receive the higher rate while occupying such position. 20.15 A “temporary assignment” contemplates the fulfillment of the duties and responsibilities of the position during the time occupied. Assisting a higher rated employee due to an increase in the volume of work does not constitute a temporary assignment. 20.16 An employee reaching retirement age will have the option of working reduced hours/week while maintaining their seniority rights. 20.17 All servers hired after March 3, 2018 will be required to service other Food and Beverage Outlets (i.e. Marriott Café, Milestones and Banquets) other than the Department they predominately work in when required. 20.18 All Milestones Bartenders will only provide food and beverage service to guests that sit at the bar, any/all high tops in the bar area and also the lower area that accesses the patio and as well the patio when it is open. However, the above shall not apply except in the following circumstances: a) Sudden or unexpected business surges; b) Unanticipated operational needs of the restaurant/hotel; c) Emergencies

HOURS OF WORK AND OTHER WORKING CONDITIONS. 20.01 15.01 The normal work week for a full-time employee shall consist scheduled hours will be on the basis of forty (40) hours worked, per week (exclusive of lunch periods, comprised of eight an unpaid one-half (8) hours worked per day in ½) hour meal period each day) and five (5) days per week. The Employer shall use its best efforts It being understood, however, that the provisions of this Article are intended only to arrange schedules so that such employees will, wherever possible, have two (2) consecutive days off, during each work week. The above provide a basis for calculating time worked and shall not be deemed a guarantee as to be the hours of work per day, nor as to the days or work per week, nor as a guarantee of hours, and the parties acknowledge that operational needs working schedules. 15.02 Authorized work performed in excess of the Employer may result in Employees being normal scheduled for regular hours of more or less than 8 hours per day, or more or less than 40 hours per week. Overtime shall continue to be paid in accordance with Article 20.05 below. (a) The Employer shall, post shift schedules no later than Thursday by 12:00 noon for the week commencing the following Sunday. When necessary, the schedule shall be modified with as much prior notice as possible. An employee who notices a mistake in the schedule shall notify the Supervisor immediately. (b) A full-time employee working the afternoon or night shift shall receive a minimum of two (2) hours notice, and day-shift employees one (1) hour notice, in advance of the commencement of the scheduled shift of a cancellation. A message left on the employee’s answering machine or with a person who answers the employees telephone or three (3) unsuccessful attempts to contact the employee shall constitute notice to the employee of the cancelled shift. (c) In the event that two (2) hours or one (1) hour notice of cancellation of the said scheduled shift is not given to the employee, the Employer will pay the employee two (2) hours wages. 20.03 The parties agree that Employees, in declining order of seniority (from most senior to most junior), the most senior full-time Employee who has the skill and ability to perform the work available shall receive the maximum number scheduled regular hours available by the day and by the week to a maximum of eight (8) hours per day and forty (40) hours per week. The Employer may schedule shifts for longer than eight (8) hours or more than forty (40) hours in a week depending on the needs of the Employer. The above does not apply to banquet servers, banquet cashiers and banquet bartenders, who may be scheduled up to forty-four (44) hours per week. Nothing herein shall require the Employer to schedule an Employee for more than five (5) shifts per week or one (1) shift per day. 20.04 The parties agree to recognize that there may will be scheduling anomalies within various Departments that may conflict with the provisions of this Collective Agreement. The parties further agree that such scheduling anomalies may be permitted to continue provided there is mutual agreement between the Departmental Manager considered over-time and the Associate. 20.05 The Employer will pay overtime paid for at the rate of time and one-half of the employee(1½) an Employee’s basic rate of pay for all authorized hours worked in excess of forty-four (44) hours per weekstraight time hourly rate. 20.06 Employees 15.03 The Employer will be entitled use its best efforts to post a schedule of hours of work, one (1) fifteen week in advance, provided however, that variations in the schedule may be made to meet service requirements. In the event that the Employer fails to meet this requirement, the Employer will notify the Union of the reason for such failure of this requirement and such issue will be reviewed at the next monthly Union/Management Meeting. The Employer will make every reasonable effort to avoid excessive fluctuations in the hours of work. The Employer will use its best efforts to notify Employees at least twenty-four (1524) minute rest period for each half shift hours in advance of any change in the schedule. The Employer will pay a premium of four (4) hours, except where scheduling does not permit a break, at a time determined hours pay for each occasion it fails to give notice to an Employee unless the failure to give notice of such change is caused by business fluctuations or any reason beyond the Employer and consistent with efficient operations and guest service. Where the employee is asked to work during his/her break, the employee shall be paid additional funds on a straight time basis for the lost break time, or if the volume control of work permits, shall be allowed to leave early. The authorizing supervisor shall sign for the missed break. 20.07 Employees working a shift of five (5) hours or more shall be entitled to a half hour unpaid meal break to be taken at a time designated by the Employer. 20.08 An employee 15.04 Any Employee who reports for works on a split-shift shall, between his/her work at his or periods, have a maximum time off work of three (3) hours including his/her regular time and one-half (½) hour lunch period. Employees who is sent home because no work is available or commences to work but is assigned less than eight (8) hours’ work, a split shift shall receive a minimum of three eight (38) hours of scheduled work on each such work day. 15.05 In scheduling of hours of work or Employees, the Employer will use its best efforts to schedule Employees so as to ensure that they have two (2) consecutive days off during the work week. 15.06 In scheduling hours of work, the Employer shall endeavour to provide full-time Employees with hours of work equivalent to the normal basic work week (normal scheduled hours’ pay at the appropriate hourly rate) before scheduling part-time Employees. This provision shall not apply in circumstances beyond the reasonable control of the Employer. (Examples: such so as fire, flood, major equipment failure.) 20.09 It is the employee’s obligation to keep require the Employer and Union informed to schedule full-time Employees on an overtime basis rather than schedule part-time Employees. Part-time Employees shall mean those Employees who work twenty (20) hours per week or less based on an average of his or her correct Social Insurance Number, address, current spouse and telephone number, and their hours per week in the Employer preceding eight (8) weeks. 15.07 Overtime shall not be liable paid more than once for any payment hereunder unless arrangements have been so made. 20.10 An employee who has left after the completion hour of his or her regular shift and is called back to work and agrees to do so, shall receive a minimum of four (4) hours’ pay. This provision is not applicable to a scheduled split shift. 20.11 If an employee punches or signs out late, it will be assumed that the employee was delayed for personal reasons and that the time shown on the time card and sign out sheet, beyond the regular quitting time, is the employee’s personal time unless procedures in Article 20.12 are followed. 20.12 Each employee must obtain from his or her department head/supervisor, authorization in advance of his or her overtime work before payment beyond the normal quitting time will be made. (a) An employee must report verbally to their Manager/Supervisor, his/her absence at least three (3) hours prior to the commencement of his or her scheduled shift. If an employee is not able to reach their own Manager/Supervisor, he/she must speak with the Night Manager or Manager on Duty. It is an unacceptable to leave a message on the Manager’s voicemail since the information may not be retrieved in a timely matter. In the event any of the above is not possible, the employee is to leave a message with the Switchboard Operator (At Your Service - AYS) stating the reason for his/her absence. AYS will log in the call and notify the Manger/Supervisor with the information. The Employer shall not ask for a Doctor’s Certificate (note) for an absence on account of illness for three (3) consecutive days or less, unless the employee has been absent for more than six (6) incidents in a twelve (12) month period or more than twice during two (2) consecutive pay periods. (b) When the Employer requires the production of a Doctor’s Certificate for an absence on account of illness, the employer will reimburse the employee for an amount up to Twenty Dollars ($20.00) for the Certificate upon production of a receipt for payment. 20.14 An employee temporarily assigned for more than four (4) consecutive hours in any one day to a higher rated non-gratuity position shall receive the higher rate while occupying such position. 20.15 A “temporary assignment” contemplates the fulfillment of the duties and responsibilities of the position during the time occupied. Assisting a higher rated employee due to an increase in the volume of work does not constitute a temporary assignment. 20.16 An employee reaching retirement age will have the option of working reduced hours/week while maintaining their seniority rights. 20.17 All servers hired after March 3, 2018 will be required to service other Food and Beverage Outlets (i.e. Marriott Café, Milestones and Banquets) other than the Department they predominately work in when required. 20.18 All Milestones Bartenders will only provide food and beverage service to guests that sit at the bar, any/all high tops in the bar area and also the lower area that accesses the patio and as well the patio when it is open. However, the above agreed that there shall not apply except in the following circumstances: a) Sudden or unexpected business surges; b) Unanticipated operational needs be no pyramiding of the restaurant/hotel; c) Emergenciesovertime payments.