Common use of Tips and Gratuities Clause in Contracts

Tips and Gratuities. (a) The Employer agrees that it has no authority over the cash tips received directly by the employee. (b) When the sponsor of an organized activity, such as functions, tours, etc., leaves gratuities with the Company for distribution, an amount pursuant to the following schedule: For tour groups, when baggage handling is contracted, a mandatory baggage-handling fee will be negotiated with tour organizers. The Company will not be held responsible should the tour organizer refuse to pay. The percentage shall be ninety-eight percent (98%) which shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. (c) By the 16th of each month, the Company will advise the Union Gratuities Committee of the total amount of gratuities and the Union Gratuities Committee shall in compliance with the provisions of (a) above, be responsible to provide the Company, within seven (7) days, a detailed list indicating the name of each employee and the amount said employees are being allocated. (d) The Company will be responsible, following the receipt of the information as indicated in (b), to ensure that each employee whose name appears on said list have said gratuities allocation divided and added for payment on their next two regular pay cheques in order to have all of the appropriate legal deductions made. It is agreed that should an employee only be entitled to one pay cheque in a month the full amount shall be added to his/her pay cheque to ensure appropriate legal deductions are made. (e) Such distribution shall not apply when the sponsor determines how the Hotel shall make the distribution. It is the intent of the Company to secure gratuities in its service contracts whenever possible. (f) Should in the future Revenue Canada, render a decision that deductions on gratuities for personal income taxes, contributions to the Canada Pension Plan and Employment Insurance premiums are no longer required, the provisions of (b) & (c) stated above shall be substituted by the following: (g) In order to comply with the provisions indicated in (a) of this Article the Company shall remit in trust to the Union Gratuities Committee on the 16th day of each month the amount as stated in (a). Furthermore, the following information shall be supplied with the remittance: A photocopy of the information sheet with: • the name of the organized activity; • the date of the organized activity; • the amount of gratuities involved. The Company will allow the practice to resume in relation to submission of gratuity sheets as was done in the past. The parties agree to meet within 90 days of the ratification of the Collective Agreement to reconcile the current Gratuity Policy with this Article of the Collective Agreement including it’s application to the Kitchen Staff. It is agreed that regardless of the outcome of the reconciliation process, there shall be no further decrease in the company share of the gratuities as set out in this Article.

Tips and Gratuities. (a) The Employer agrees that it has no authority over the cash tips received directly by the employee. (b) When the sponsor of an organized activity, such as functions, tours, etc., leaves gratuities with the Company for distribution, an amount pursuant to the following schedule: • Effective September 1, 2013 an amount equal to sixty one (61%) percent shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. • Effective September 1, 2014 an amount equal to sixty-four (64%) percent shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. • Effective September 1, 2015 an amount equal to sixty seven (67%) percent shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. • Effective September 1, 2016 an amount equal to seventy (70%) percent shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. For tour groups, when baggage handling is contracted, a mandatory baggage-baggage- handling fee will be negotiated with tour organizers. The Company will not be held responsible should the tour organizer refuse to pay. The percentage shall be ninety-eight percent (98%) percent which shall be for the complete distribution to employees covered by this Collective Agreement who have rendered the service. (c) By the 16th of each month, the Company will advise the Union Gratuities Committee of the total amount of gratuities and the Union Gratuities Committee shall in compliance with the provisions of (a) above, be responsible to provide the Company, within seven (7) days, a detailed list indicating the name of each employee and the amount said employees are being allocated. (d) The Company will be responsible, following the receipt of the information as indicated in (b), to ensure that each employee whose name appears on said list have said gratuities allocation divided and added for payment on their next two regular pay cheques in order to have all of the appropriate legal deductions made. It is agreed that should an employee only be entitled to one pay cheque in a month the full amount shall be added to his/her pay cheque to ensure appropriate legal deductions are made. (e) Such distribution shall not apply when the sponsor determines how the Hotel shall make the distribution. It is the intent of the Company to secure gratuities in its service contracts whenever possible. (f) Should in the future Revenue Canada, render a decision that deductions on gratuities for personal income taxes, contributions to the Canada Pension Plan and Employment Insurance premiums are no longer required, the provisions of (b) & (c) stated above shall be substituted by the following: (g) In order to comply with the provisions indicated in (a) of this Article the Company shall remit in trust to the Union Gratuities Committee on the 16th day of each month the amount as stated in (a). Furthermore, the following information shall be supplied with the remittance: A photocopy of the information sheet with: • the name of the organized activity; • the date of the organized activity; • the amount of gratuities involved. The Company will allow the practice to resume in relation to submission of gratuity sheets as was done in the past. The parties agree to meet within 90 ninety (90) days of the ratification of the Collective Agreement to reconcile the current Gratuity Policy with this Article of the Collective Agreement including it’s its application to the Kitchen Staff. It is agreed that regardless of the outcome of the reconciliation process, there shall be no further decrease in the company share of the gratuities as set out in this Article.