(EXPIRING) COLLECTIVE BARGAINING AGREEMENT
INTERNATIONAL UNION OF SERVICE WORKERS
AND ALLIED EMPLOYEES LOCAL H-56
THIS AGREEMENT, entered into between the
International Union of Service Workers and Allied Employees, Local
H-56, hereinafter referred to as the Union, and The Zinnia,
hereinafter referred to as the Employer, Company or Management.
consideration of the mutual promises and covenants expressly stated
herein, the Employer and the Union agree as follows:
Article 1. Purpose and Coverage
- Purpose - The
purpose of this Agreement shall be to achieve mutual understanding,
harmony and cooperation among the Union, the Employer and its
employees; to provide sound working conditions for the employees; to
secure a prompt and fair disposition of grievances; to eliminate all
interruptions of work and the interference with the efficient
operation of the Employer's Hotel; to obtain maximum efficiency in
the Hotel; to assure excellent customer relations and service; and to
set forth the Agreement covering rates of pay, hours of work and
conditions of employment to be observed by the Parties during the
life of this Agreement.
- Coverage - For
the purpose of this Agreement, the term "employees" shall
cover all employees in the food, steward, beverage, service, hotel
maintenance and housekeeping departments specifically listed in the
Schedule of Wages, but excluding all secretaries, accounting,
personnel, front office, sales and catering department, clerical
employees, telephone operators, professional employees and all guards
and supervisors as defined by Federal Statutory Labor Law.
Article 2. Complete Agreement
- Complete Agreement -
The express provisions of this Agreement constitute the complete
collective bargaining contract which shall prevail between the
Employer and the Union with respect to wages, hours of work, and
other conditions of employment. This Agreement can be added to,
detracted from, altered, amended or modified only by a written
document signed on behalf of the Parties by their duly authorized
agents and representatives.
- Union and Management Cooperation
- The Union and the Employer agree to work together to enhance the
Employer's business and to improve conditions under which employees
work. The Union agrees to cooperate with the Employer in maintaining
and improving safe and sanitary conditions and practices; and in
maintaining, safeguarding and conserving the equipment, supplies,
materials, vehicles, machinery, buildings and other property used by
employees in connection with their work assignments.
- Most Favored Nations
- The Union agrees that if after the date of ratification of this
Agreement, it enters into a renewal agreement with any other hotel
employer in the City of Minneapolis and surrounding area, excluding
St. Paul, who operates the same type of establishment as the
Employer, and if the Employer believes that said renewal agreement is
more favorable in its provisions than the provisions of this
Agreement, then the Employer shall be entitled to have the full
provisions of said renewal agreement in its entirety upon providing
written notice to the Union that the Employer wishes to exercise this
option. The Union agrees to notify the Employer's representative of
any negotiated renewal agreements and furnish copies thereof upon
Article 3. Union Rights
- Union Recognition and No Individual
Agreements - The Employer recognizes the
Union as the duly certified bargaining agent of those employees
covered by this Agreement. The Employer agrees not to enter into any
agreements or contracts with its employees, individually or
collectively, which conflict with the terms and provisions of this
- Union Shop -
It shall be a condition employment for all employees covered by this
Agreement that all employees who are members of the Union in good
standing on the effective date of this Agreement shall remain in good
standing in the Union. Furthermore, any of these employees who are
not members of the Union on the effective date of this Agreement
shall, on or after the thirty-first (31st) day of the effective date
of this Agreement, become and remain members in good standing of the
Union. It shall also be a condition of employment that all employees
covered by this Agreement and hired on or after its effective date
shall, on or after the thirty-first (31st) day of their employment,
become and remain members in good standing of the Union.
- Checkoff - The
Employer shall checkoff monthly Union dues and initiation fees in a
manner according to procedures agreed upon between the
representatives of both Parties, upon receipt of the written
authorization form to deduct union dues signed by the employee.
Deductions for checkoff shall be submitted to the Union by the tenth
(10th) of each month, but in no event, later than the fifteenth
(15th) of the month. New applications will be sent to the Union with
the monthly billings.
- Bulletin Board and Newspaper Boxes
- The Employer agrees to provide a space in which the Union may place
a bulletin board for the posting of all Union communications in a
conspicuous area frequented by employees, provided such material is
not detrimental to the labor-management relationship and management
receives a copy of any material prior to posting. The Employer also
agrees to provide a space for the placement of Union newspaper
distribution boxes in a conspicuous area frequented by employees.
- Union Buttons
- All employees shall be permitted to wear their official Union
button and/or official steward button, provided the button size is no
larger than the present buttons.
- Union Stewards
- The Employer recognizes the right of the Union to conduct an
election or select from among the employees who are members of the
Union, a Chief Steward/Steward(s) to handle such Union business at
the Company where she/he is employed, as may from time to time be
delegated to her/him by the Union. The name of such Chief
Steward/Steward(s) shall be reported to the Employer. The Union shall
designate the areas for which the Chief Steward/Steward(s) is
responsible. Union Chief Steward/Steward(s) employed by the Employer
shall be required to fulfill their obligations to the employer and to
perform their job duties as any other employee covered by the
Agreement and shall not interrupt employees while working.
- Union Visitation
- Union representatives and officers shall be privileged to visit the
premises of the Employer, generally non-working areas, at all
reasonable hours for the transaction of official Union business.
Union Officers and Business Agents shall call ahead and shall notify
the designated management representative of their presence upon the
premises and shall not interrupt employees while working.
- Mailbox - A
suitable locked mailbox will be provided by the Union as a receptacle
for messages to the Chief Steward/Steward(s), at a location to be
designated by the Employer.
Article 4. Management Rights
- The Employer and the Union specifically agree that management shall
have the right to direct the work force and to determine the policies
and methods of operating its Hotel, except as expressly limited by
the specific provisions of this Agreement and longstanding custom and
past practice. Such management rights and responsibilities shall
include, but not be limited to, the following: the right to select
the employees it will hire; the right to establish or revise work
schedules; to determine the size and composition of its working
force; to determine the number and type of equipment, material,
products and supplies to be used or operated; to discipline or
discharge employees for just cause; to maintain efficiency of
employees; to determine assignments of work; to discontinue all or
any part of its business operations; to expand, reduce, alter,
combine or transfer, assign, or cease any job, department or
operation for business purposes; to introduce new, different or
improved methods and procedures in its operations, and to otherwise
generally manage the Hotel, except as expressly restricted by the
provisions of this Agreement. Provided, however, the Union shall be
notified of any new job classification combination.
Article 5. No Strike - No Lockout
- No Strikes or Lockouts
- The Union agrees that there shall not be any strike, sympathy
strike, stoppage of work, slow downs, boycotts, refusal to handle
merchandise, or picketing of the Employer's establishment covered by
this Agreement or other interruption of work or interference with the
Employer's Hotel during the term of this agreement or any extension;
and the Employer agrees that there shall be no lockouts during the
term of this Agreement or any extension. Participation by any
employee in any such practices prohibited by this Section shall be
considered just and reasonable cause for discharge or other
disciplinary action by the Employer; and subject to the Grievance and
Arbitration Procedure in Article 10.
- Jurisdictional Dispute
- It is agreed that any jurisdictional dispute between any union or
unions involved with this Agreement shall not result in or interfere
with the business of the Employer in any manner.
Article 6. Pay, Gratuities and Job Classifications
6.1 - Pay Rates.
General Increases - At the start of this Agreement, each employee
covered by this Agreement shall receive a two (2) percent increase in
the employee's straight time hourly wage rate, excepting tipped
employees. On the one year anniversary of this Agreement, each
employee covered by this Agreement shall receive a two and one-half
(2.5) percent increase in the employee's straight time hourly wage
rate, excepting tipped employees. On the two year anniversary of this
Agreement, each employee covered by this Agreement shall receive a
three (3) percent increase in the employee's straight time hourly
wage rate, excepting tipped employees. Tipped employees are in job
classifications 210, 310, 320, 440, and 730. Tipped employees shall
receive increases as needed to maintain compliance with federal,
state, and local minimum wage regulations. The resulting Schedule of
Wages is set forth in Appendix A.
Minimum Rates - The minimum rates of pay for the job
classifications covered by this Agreement are set forth in the
Schedule of Wages which is attached and made part of this Agreement.
There shall be no lessening of wages or direct cost item fringe
benefits now prevailing established by prior agreements and by past
practice. Direct cost fringe benefit items are defined as meals,
uniforms, holidays, vacations, parking and insured or funded fringe
- Merit Increases
- The wage scale as set forth in the Schedule of Wages of this
Agreement reflects minimum rates and does not prohibit an employee
from receiving a higher wage.
- New Classifications and Combinations
- When the Employer establishes a new job classification or a
combination of two or more job classifications within the scope of
this Agreement, the Union shall be notified and the and the rate of
pay for the new job classification or combination of job
classifications shall be subject to negotiation with the Union. If
the parties fail to reach an agreement, the matter shall be pursued
through the Grievance and Arbitration Procedure in Article 10.
- Higher Rate -
An employee shall be paid the higher rate of pay for all work
performed in a higher job classification, and shall be paid the lower
rate for all work performed in a lower paid job classification. This
shall not apply where the change in job classification may be
considered a minor factor, or is unscheduled, infrequent, of short
duration, or is due to an emergency.
- Full-Time Payroll Employees
- Regular full-time payroll employees are employees who have
completed their probationary period and work a minimum of twenty (20)
hours per week.
- Business Costs
- In accordance with applicable laws, employees shall not have
unauthorized deductions made from their checks for such business
costs as walkouts, bad checks, incorrect credit card stamps, addition
errors, overpouring, cash register shortages or breakages.
- Gratuities –
All gratuities shall be the sole property of the serving person or
persons. The Employer shall not require employees to divide tips nor
shall an employee be required to pay the tipped service charge on
b) Where a service charge is placed on a guest's bill, the bill will
state that a gratuity is not included.
c) Employees shall reimburse the Employer tips paid on returned
credit card charges provided proof of a guest's failure to pay
Employer is shown to the employee.
Where a gratuity is not included in a "special package"
price, the voucher for food or beverage will state that "a
gratuity is not included."
- Ala Carte Compensation
- If the Employer wishes to change the method of compensation for ala
carte service persons, the Employer agrees to negotiate with the
Union and reach prior agreement before any such change is put into
effect. In the event the Parties bargain to an impasse, such
unresolved issue shall be arbitrated in accordance with the
arbitration procedure in 10.3.
Article 7. Meals
- Meals –
The Employer shall continue to provide employees meals free of charge
consistent with past practice and only while on duty or as otherwise
Meal periods shall be an uninterrupted one-half (1/2) hour for which
the employee is not to be compensated. If employees are required to
work any portion of the meal period, they shall receive the regular
hourly rate for the entire meal period. No present employee shall
suffer a wage reduction or be imposed with added hours through the
effect of this Agreement. Present meal periods shall not be increased
in order to defeat the purpose of this section.
- Uniforms - The
Employer shall provide uniforms and the laundering and upkeep for all
employees who are required to wear uniforms in accordance with the
employer's established policies.
- Regular Rate of Pay
- It is specifically agreed by the Union and the Employer that any
meals, uniforms, rooms and/or laundering and maintenance of uniforms
furnished by the Employer to an employee shall not be considered as
part of the employee's regular rate of pay for overtime and wage
computation purposes within the meaning of the Wage and Hour Law, and
that an employee's regular rate of pay is that rate reflected on the
Schedule of Wages in Appendix A.
- Employee Areas
- The Employer shall maintain dining areas and locker rooms for
employees in conformity with the requirements of the applicable
sanitary code regulations and health ordinances.
Article 8. Hours of Work, Overtime & Premium Pay
8.1 - No Guarantee
- This Article is intended to indicate the normal number of hours of
work. It shall not be construed as a guarantee of minimum or maximum
hours of work per day or per week, or of the number of days of work
per week, or of working schedules, however, this section is subject
to Article 9 on Seniority.
- Standard Workweek
- The standard workweek shall consist of forty (40) hours of work on
five (5) days which days shall be consecutive. Employer's standard
workweek for overtime pay computation purposes shall be one hundred
and sixty-eight (168) consecutive hours beginning at 12:01 a.m.
Monday through 12:00 midnight Sunday. The Employer agrees to notify
the Union of any change in the standard workweek.
- Standard Workday
- The standard workday shall be eight (8) working hours within 8 and
one-half (8 1/2) on the Employer's premises. Wherever practical,
split shifts will be abolished.
- Overtime Work
- Employees shall not be required to work overtime unless it is a
business necessity, in which case such overtime will be offered on
the basis of seniority of those employees performing the work on the
Overtime Pay -
All non-exempt employees shall receive premium pay of time and
one-half (1 1/2) their regular straight-time hourly rate of pay for
all hours worked in excess of eight (8) hours per day. However, any
shift that begins prior to 12 midnight, but ends after 12 midnight,
shall be treated as one day for the purpose of computing pay rates.
- Premium Pay for 6th and 7th Day
7th Day - All non-exempt employees shall receive premium pay
at the rate of time and one-half (1 1/2) their regular straight-time
hourly rate of pay for all hours worked on the employee's 7th
consecutive day of work.
6th Day - All non-exempt employees may elect to work on the 6th
day or 6 out of 7 workdays, at the applicable straight time rate of
pay, in accordance with the following procedure:
Available work shall be offered by seniority to those employees in
the classification who are not scheduled to work five (5) shifts in
the case of servers and bartenders or less than forty (40) hours for
An employee shall not be eligible for such work if the employee would
be entitled to receive overtime pay.
Lacking sufficient volunteers, for such work in the classification,
employees may be required to work on the 6th day, or 6 out of 7 days,
at the applicable one and one-half (1 1/2) rate in accordance with
- No Guarantee -
No employee shall be guaranteed work on the sixth (6th) or seventh
(7th) consecutive day. No employee shall be required to work on the
sixth (6th) or seventh (7th) consecutive day, provided, however,
under unusual business circumstances, the seniority list shall be
followed in this regard with respect to those working on the job.
- No Duplication of Overtime of Premium Pay
- There shall be no pyramiding or duplication of overtime and/or
premium pay for the same hours worked.
- Work Schedules
- All work schedules shall be posted three (3) days prior to the
first day of the schedule. Such schedules may be changed in cases of
emergencies or business necessities.
- Replacements -
Management shall be responsible for scheduling replacements. If an
employee proposes a replacement such substitute must be approved in
An employee called in and reporting for work as scheduled without
prior notice received by the employee not to so report shall receive
a minimum of three (3) hours work or three (3) hours pay for that day
at the employee's regular hourly rate; provided, the employee is
available for work for the full period of time required. Provided,
however, bartenders and cooks shall receive report-in-pay of four (4)
hours work or four (4) hours pay.
No employee shall be entitled to report-in-pay or other pay if the
lack of work is due to any strike, work stoppage, or labor dispute,
or to a fire, flood, Act of God, or other condition, which are beyond
the control of the Employer.
- Meetings - An
employee who attends a mandatory employer meeting that is held on the
employee's scheduled day off or is not held within two (2) hours of
the employee's scheduled shift, shall receive three (3) hours pay or
work. Pay for voluntary meetings (not parties or general sessions
that are informational) shall be equal to the actual time in
attendance at the meeting. This provision shall not result in a 6th
or 7th day premium or daily overtime payment.
- Time Off -
Employees shall have the right to request to take that portion of the
workday off that is necessary for doctor and/or dentist appointments.
Such requests shall not be unreasonably denied. Employees needing
such time off shall notify the Employer one (1) week in advance
whenever possible. Employees shall provide proof of necessary time
off at the Employer's request.
- Discontinuance of Business
- If it is necessary to temporarily close down for remodeling or
permanently close any part of the Hotel the Employer will give
affected employees a minimum of two (2) weeks notice unless the cause
of the discontinuance of the business is beyond the control or
knowledge of the Employer. If the Employer fails to give affected
employees the two (2) weeks notice, and no suitable alternative
employment is provided, these employees shall receive at least one
(1) week pay and up to two (2) weeks pay in lieu of the required
notice, to be pro-rated by the period of notice actually given. The
Parties acknowledge that unexpected fluctuations of business are
beyond the control of the Employer in the application of this
- Rest Breaks -
The Hotel shall continue to provide paid breaks in accordance with
current practices. However, an employee who does not take a break may
not leave before the end of his/her shift for that reason.
Article 9. Seniority
- Definitions –
a) Seniority shall mean continuous length of service in the
establishment from the first day of work in the classification
covered by this Agreement after completing probation. Such
classifications are set forth in Appendix B, incorporated herein.
With the exception of the banquet wait staff and banquet bartenders,
such seniority shall be established by being regularly scheduled in a
classification. Employees who work on an intermittent basis in
another classification shall not build seniority in that
b) Banquet Waitpersons and Banquet Bartenders - Banquet
waitpersons and banquet bartenders shall accrue seniority from first
function worked after completion of the probationary period in the
classification within either the regular or extra list where such
lists apply. Employees moving from the regular list to the extra list
shall be placed on the extra list in accordance with their overall
banquet wait seniority, i.e., dovetailed. Employees moving from the
extra to the regular list shall be placed at the bottom of such list.
- Same Start Date
- In the event two or more employees begin work on the same day, a
numerical suffix will be attached to the seniority date of such
employees based on the last four digits of the employee's social
security number. The employee with the lowest four digit number shall
be deemed the most senior.
- Probationary Period - New Employees
- Any new employee shall be employed on a thirty (30) day trial or
probationary basis, during which time she/he may be discharged
without recourse; provided, however, that this probationary period
will be automatically extended an additional thirty (30) days after
written notice to the Union and the employee of such extension and
the reason therefore. Provided further, that for part-time employees
this probationary period will be automatically extended for yet
another thirty (30) days after written notice to the Union and the
employee of such extension and the reason therefore. After the trial
period, she/he shall be placed on the seniority list and her/his
seniority shall then date from the first day of her/his current
period of employment.
- Probationary Period - New Classification
- An employee promoted to a higher classification shall serve twenty
(20) working days probationary period. During the probationary
period, the Employer may return the employee to their previously held
classification, room and schedule, for inability to perform the
duties of the new job, or the employee may elect to return to their
previously held classification, room and schedule, if the position is
not permanently filled; otherwise, the employee shall be given
available work in that classification. Employees so returning to
previous work shall suffer no loss of seniority.
- Areas of Seniority
- The Employer and Union agree to recognize seniority in the
Employees shall be laid off and returned to work according to their
length of service in their respective job classifications as set out
in 9.5 and 9.6 below.
Scheduling of vacation time.
Offering of overtime work and requiring in reverse order.
Employees may exercise their seniority to not work the holiday, if
business permits with the junior employee(s) in the classification
being required to work as needed. To be excused employees shall give
the Employer two (2) weeks notice prior to the holiday. Employees
regularly scheduled to work the day on which the holiday is
celebrated may not be bumped out of their shift.
Scheduling of Work
Where practical, senior employees who are qualified shall be
scheduled to receive the maximum number of available hours on the
work schedule up to an eight (8) hour day, five (5) day, forty (40)
hour week. Senior employees may not claim part of a shift and may
claim shifts only when they become available on a regular basis.
Split shifts shall be considered separate shifts for scheduling
purposes. It is understood that employees shall not be permitted to
establish their own work schedules nor shall they be permitted to
work overtime without the specific approval of their supervisor.
Nothing herein shall be interpreted as a guarantee of a minimum
number of hours or days of work.
The above factors, in the use of part-time employees and work
schedules will be recognized in scheduling.
Promotion, demotion or transfer to new job openings.
Upon request in writing, any employee scheduled less than five
(5) days per week may exercise her/his seniority for five (5) days of
work per week when additional shifts become vacated on a regular
basis, unless such shifts are eliminated. The employee must bid the
five (5) day schedule as posted.
Bartenders whose hours are involuntarily reduced below those for
which they are regularly scheduled will be permitted to pick up
available hours at banquet bars on the basis of their seniority.
Preferential Rooms and Stations - Where rooms and/or stations
are assigned on a permanent basis, rather than being rotated, all
employees shall be given preferential rooms and/or stations on the
basis of seniority, provided they are qualified.
Use of Part-Time Employees - Where practical, the
Employer shall not use two (2) or more part-time employees where a
qualified, full-time employee is available and requests such hours;
except in those scheduling situations where the Employer is required
to meet the report-in provision (8.12), the available work requires
the use of overlapping schedules or a split shift (except wait staff)
or where such scheduling is otherwise not practical in the Employer's
the employee has the qualifications and ability to perform the work.
- Layoffs and Recalls
- During layoffs or reductions in the working force, the employee
with the least seniority in the job classification affected shall be
laid off first. When the working force is again increased, employees
on layoff shall be recalled in the order of their job classification
seniority, unless circumstances have occurred during the layoff which
make them disqualified. Ability to perform the work available shall
be a determining factor in following the principle that the last
employee laid off will be the first employee rehired.
- Bumping -
Bumping shall not be permitted except in cases of layoff as described
- Classification Seniority
- Employees changing classifications shall begin their seniority for
scheduling on day of entry into the new classification. During
layoffs or reduction in the work force within a classification, an
employee may exercise any accrued seniority in their prior
classification to revert to the classification from which she/he was
- Notice of Recall
- Where an employee is notified at the time of layoff when she/he is
to report back to work, she/he will promptly report at such time
without further notice. When an employee is not notified at the time
of layoff when she/he is to report back to work, she/he shall be
given three (3) days notice of when to report back to work, if the
period of layoff has been less than fourteen (14) days. If the layoff
period extends for fourteen (14) days or more, the employee shall be
given seven (7) days notice of the time to report back to work.
Notice to report back to work shall be given by a letter to the
address furnished to the Employer by the employee. While waiting for
an employee to report back to work, the Employer may utilize any
other available person to perform the work.
- Loss of Seniority
- Seniority and job rights shall be terminated for the following
reasons, as well as any other reasons established under the terms of
Discharge for cause.
Failure to return to work after recall as provided.
Failure to return to work promptly at the end of an authorized leave
of absence, unless due to an Act of God.
Remaining on layoff for longer than twelve (12) months.
Terminates employment from the regular schedule and works on
an intermittent call-basis only.
Is absent for two (2) consecutive workdays without reporting to the
Company the reasons for the absence.
- Job Posting -
New job openings will be posted for a minimum of five (5) days,
including the weekend and will be awarded to qualified applicants. If
qualifications are equal, seniority shall prevail. The job opening
may be filled from any source on a temporary basis during its
- Seniority List
- The Employer shall furnish an accurate seniority list to the Union
within ten (10) days of the date on which this Agreement is signed.
Thereafter, the Employer shall notify the Union of each employee who
has been separated from employment and such other monthly information
on employees as has been provided.
Article 10. Grievance And Arbitration Procedure
- Grievance Procedure for Employees
- Should differences arise concerning the Employer, the Union and/or
any employee who has completed her/his probationary period, as to the
meaning and application of this Agreement, the following procedure
shall be followed by an employee and the Union.
1 - The employee may take up the matter with her/his supervisor
on an informal basis in order to settle the matter promptly. An
aggrieved employee may have the Union Steward Assist her/him with
Step 1, if she/he so desires.
2 - If the grievance is not satisfactorily settled in Step 1, the
aggrieved employee or the Union shall, within fourteen (14) calendar
days from the date on which the incident which gave rise to the
grievance occurred, file a written grievance with the Personnel
Director; provided however, the fourteen (14) calendar day
requirement and the written grievance requirement may be waived by
mutual written agreement. Failure to file such written grievance
within fourteen (14) calendar days shall result in such grievance
being presumed to be without merit and it shall be barred from
written grievance shall set forth the facts giving rise to the
grievance, including the date and persons involved, and designate the
provisions of the Agreement which allegedly have been violated.
3 - The representative or representatives of the Employer will
confer with the Union Steward and/or Union Business Agent within
fourteen (14) calendar days after receipt of such written grievance
in an effort to settle the grievance, unless the time limit is
extended by mutual written agreement of the Parties. If not settled
at this conference, the Employer shall issue a decision in writing on
any such written grievance within seven (7) days from the time such
grievance meeting is adjourned.
- Effect of Failure to Appeal
- Any grievance not appealed to a succeeding step within the time
limits specified shall be deemed abandoned and not entitled to
further consideration. Such abandonment by the Employer shall be
deemed an acceptance of the grievance as stated and the remedy
requested shall be accepted and enforced.
- Arbitration Procedure
- If the grievance cannot be satisfactorily settled by the above
steps of the grievance procedure, either of the Parties may request
Arbitration by giving the other Party written notice of its desire to
arbitrate within fourteen (14) calendar days after the Employer or
the Union has made its final written answer as provided in Step 3
(unless the Employer and the Union mutually agree in writing to
extend the time limit), in which event the grievance shall be
arbitrated according to the following procedure:
Party desiring to arbitrate shall request the Federal Mediation and
Conciliation Service (with a copy of such request to the opposite
Party) to furnish the Parties with a panel of five (5) names of
impartial arbitrators. From this panel a representative of the
Employer and the Union shall select the Arbitrator. The Arbitrator
shall be selected by each Party striking in turn one strike at a
time, two (2) names from the list of five (5) persons, the
complaining Party having the first strike. The person remaining on
the list after each Party has exercised her/his strikes shall become
the Arbitrator. Either party may request additional lists if those
supplied are not satisfactory; to a maximum by three (3) lists. The
Parties may select an Arbitrator by other means, if such other method
of selection is confirmed by a written stipulation.
selection of the Arbitrator and the hearing shall be within thirty
(30) days of the request for Arbitration, whenever practicable.
expenses of the Arbitrator shall be borne equally by the Union and
the Employer, each Party bearing its own preparation and presentation
- Final and Binding
- Any decision reached at any stage of these grievance proceedings or
by the Arbitration Procedure shall be final and binding upon the
Employer, the Union and the employee(s) involved. The Employer, the
Union and the aggrieved employee shall comply in all respects with
the result of such decision reached. The Parties agree that such
decision shall be enforceable in a court of law.
- Arbitrator Limitations
- The Arbitrator shall not have the power to add to, ignore, or
modify any of the terms, conditions or sections of this Agreement.
His/her decision shall not go beyond what is necessary for the
interpretation and application of this Agreement in the case of the
specific grievance at issue. The Arbitrator shall not substitute
her/his judgment for that of the Parties in the exercise of rights
granted or retained by this Agreement.
- Award of Arbitrator
- Where an employee has been discharged in violation of this
Agreement, the Arbitrator may order the employee reinstated, either
with or without back pay for loss of income resulting from such
discharge. An award of the Arbitrator shall not in any case be made
retroactive to a date prior to the date on which the subject of the
grievance occurred, and in no event more than thirty (30) calendar
days prior to the filing of the grievance. The Arbitrator's written
decision shall be issued within sixty (60) days of the hearing,
unless otherwise mutually agreed in writing.
- Contract Remedy
- When an employee has any complaint, grievance or difference
regarding the application of the terms and conditions of this
Agreement it is agreed that the grievant will use the
grievance/arbitration procedure, section 10.1 and 10.3 - 10.6 set
forth above before attempting to take the matter elsewhere.
- Employer/Union Grievances
- Any grievance the Employer or Union may have raised within the time
limits set forth in Step 2, shall be reduced to writing and submitted
to the other Party's designated representative who will arrange a
meeting according to the provisions set out in Step 3, section 10.1
above. If the matter is not satisfactorily settled at this Step, the
grievance may be processed through the Arbitration Procedure
- Past Practice
- The Parties agree to recognize the standards as set forth in
Elkouri and Elkouri, How Arbitration Works,
in determining past practice.
Article 11. Discipline and Discharge
- Discipline and Discharge
- The Employer will discipline employees for just cause only.
Discipline will normally be in the following form:
however, in the case of dishonesty, drunkenness on duty, or a more
serious violation of the Employer's rules, the discipline procedure
a, b or c above, need not be followed.
- Written Notices
- Written reprimands, notices of suspension and notices of discharge,
which are to become part of the employee's file, shall be read and
signed by the employee. Such signature shall in no way be an
admittance of wrongdoing on the part of the employee. A copy of such
reprimands and/or notices shall be given to the employee and the
- Warning Notices - Cancellation
- Warning notices shall not be used as a basis for discipline after a
period of eighteen (18) months provided there have been no other
written notices of a similar nature.
- Suspension and Discharges
- All suspensions and discharges will be in written form and copies
will be mailed to the Union immediately upon issuance of such
notices. Discharges will be preceded by a suspension during which an
investigation of the incident leading to the discharge will be
- Disciplinary Meetings
- In the event a meeting is held for disciplinary purposes, the
affected employee shall have the right to have a Union steward and/or
Union representative present.
- Right of Review
- The Union shall have the right of review of any discharge of an
employee who has completed the probationary period by following the
grievance procedure of this Agreement.
- Posting of Rules
- All rules shall be conspicuously posted by time clocks or on
employee bulletin boards. The Employer's rules shall not conflict
with this Agreement.
- Personnel Files
- The Employer shall at reasonable times and at reasonable intervals,
upon the request of an employee, permit that employee to inspect such
employee's personnel files on her/his own time.
Article 12. Leaves of Absence
- Leaves for Personal Reasons
- An employee desiring a leave of absence from the job because of
extraordinary personal or family circumstances must first secure
written permission from the Employer. The Employer shall not be
expected to grant a leave of absence that will interfere with the
Employer's operations. Leaves of absence shall be without pay. During
a leave of absence, the employee shall not engage in gainful
employment unless the leave is the result of the employee being hired
for a position of full-time service with the union. The employee must
report to work promptly after the leave has expired. Failure to
comply with this Article shall result in the complete loss of
seniority rights of the employee involved. Seniority, vacation or
other benefits shall not accrue during the leave unless the leave is
for thirty (30) days or less.
- Leaves for Injury or Sickness
- Medical and Family Leave
- Employees who have completed their probationary period shall be
granted unpaid personal medical leave for up to one (1) year when
they are unable to perform the functions of their position due to
personal injury or illness. Provided, however, that employees who
have completed their probationary period but have not yet worked at
least 1,040 hours shall be granted unpaid personal medical leave up
to a maximum of ninety (90) days. If medically necessary, medical
leave may be taken on an intermittent or reduced schedule basis,
consistent with the Family and Medical Leave Act.
certification shall not be required for illness or injuries requiring
medical leaves of up to three (3) days duration. For longer leaves,
the Employer may require medical certification to support a claim for
medical leave for an employee's own serious health condition or for
Family and Medical Leave Act leave taken to care for a family member
with a serious health condition. For medical leaves in excess of
thirty (30) days, employees shall be required to submit periodic
medical certifications for each successive thirty (30) day periods.
ready to return to work from a personal medical leave in excess of
three (3) days shall furnish the Employer with medical certification
that they are fit to return to the duties of their job. The Employer
will have up to seven (7) days after notification in which to
reinstate the employee.
- Military Leave
- A regular employee who enters the Armed Forces of the United States
shall have the right to reinstatement to her/his former position as
may be required by law.
- Maternity Leave
- A pregnant employee shall be granted a leave without pay on the
same basis as the leaves set forth in 12.2 above. While the employee
continues to work, the Employer may require a written statement from
her physician as to how long she may work without endangering her
health or that of the unborn child and her continuing ability to
perform fully all the duties of her job.
- Child Care Leave
- An employee shall be granted an unpaid child care leave of absence
of up to six (6) months in connection with the birth or adoption of
her/his child. When possible the employee shall notify the Employer
of such intent three (3) months prior to the leave. Seniority shall
accrue during such leave.
- Return from Leave of Absence
- Any employee returning from an authorized leave as stated in this
Agreement shall return to their previously held job classification
and schedule (hours, days and room) provided that neither has been
abolished and the employee is qualified. In the event the schedule
has been abolished and cannot be re-established, the employee may
bump into any schedule commensurate with her/his accrued seniority.
Return to previous schedule will only be guaranteed if the leave is
less than ninety one (91) days.
- Jury Duty -
Any regular employees, exclusive of probationary, on-call or extra
employees, required to serve on court jury (not grand jury), shall be
given a leave of absence for the jury duty period and shall be paid
the difference between her/his jury pay and the wages she/he
otherwise would have earned during straight-time hours of available
employment at her/his regular rate.
- Funeral Pay -
All regular employees, exclusive of probationary, on-call or extra
employees are eligible for funeral pay and leave, when an employee's
bereavement involves death in her/his immediate family, subject to
the following conditions:
Maximum Pay - Maximum funeral pay shall be two (2) days
immediately preceding and/or including the funeral day, if the
funeral is within 250 miles of Minneapolis and not more than three
(3) days for time lost, if the funeral services are more than 250
miles from Minneapolis. Employees shall be paid within these limits
only for time actually lost at employee's regular hourly rate.
Attendance and Notice - An employee must actually attend the
funeral service of a member of her/his immediate family, which
includes only wife, husband, son, daughter, mother, father, brother,
sister, mother-in-law or father-in-law. An employee must also notify
the Employer of the need for funeral leave and, afterwards, of the
facts of the funeral leave.
- Union Business
The Employer agrees to grant the necessary time off without
pay to any employee delegated to attend a labor convention up to a
maximum of seven (7) days for two (2) employees at any one time and
two (2) employees annually.
In the event that an employee is elected to a position of
full-time service with the Union, the employee shall continue to
accrue her/his seniority during the period of leave. Upon completion
of service in the Union, the employee shall be returned to her/his
former job as provided in the Return from Leave section, provided the
employee notifies the Employer of such return within ninety (90)
calendar days after completion of Union service.
- Leave Benefits
- In the case of parenting and medical leaves taken pursuant to the
Family and Medical Leave Act, the Employer shall make sufficient
group health insurance contributions, as determined by the Twin
Cities Hotel Employers-Employees Trust Fund ("Fund") to pay
for the employee's group insurance coverage for up to twelve (12)
weeks of leave. The Fund shall make available group health insurance
to employees at the employee's own expense for any portion of a
parenting or medical leave in excess of twelve (12) weeks.
the case of other leaves which would otherwise result in loss of
group health insurance coverage, the Fund shall make available group
health insurance to employees for the duration of the leave, at the
employee's own expense, and otherwise consistent with the
Consolidated Omnibus Budget Reconciliation Act ("COBRA").
shall retain pre-leave seniority and shall accrue seniority during
all authorized leaves other than personal leaves. Employees shall
retain pre-leave seniority, but shall not accrue seniority during
personal leaves in excess of thirty (30) days. Failure to return to
work after an authorized leave of absence shall result in complete
loss of seniority rights.
employer may attempt to recover the cost of medical premiums aid
during a covered leave of absence should the employee fail to return
to work as provided for under the Family and Medical Leave Act.
- Coordination with Applicable Laws
- The parties to this Agreement agree that the provisions of this
entire Article 12 shall be administered so as not to conflict with
applicable federal or state laws governing leaves of absence. Where
applicable, leaves of absence granted under this Article may run
concurrently with any applicable leave rights the employee may have
under the Family and Medical Leave Act. Where the provisions of this
Agreement are more favorable to the employee than those provided
under law, the terms of this Agreement shall prevail.
Article 13. Holidays
13.1 - Holidays Observed
- The following shall be observed as paid holidays for all regular
full-time and regular part-time employees hereafter referred to as
New Year's Day
- Holidays Not Worked
- All eligible employees, exclusive of probationary, shall receive
holiday pay for the above listed holidays; provided the part-time
employees regularly work the day on which the holiday falls. The
holiday pay shall be based on the hours the employee normally works
on that day of the week; to a maximum of eight (8) hours.
- Holidays Worked
- All eligible employees who work on a holiday shall be paid straight
time for the number of hours regularly scheduled, plus straight time
for the number of hours actually worked on the holiday. However, if
the holiday hours worked exceed the number of hours regularly
scheduled the excess hours shall be paid at 1 1/2 times the
employee's contract rate of pay.
- Eligibility -
To receive pay for the holiday, the employee must have worked their
scheduled workday immediately preceding and immediately following the
day on which the holiday is observed, unless the absence is caused by
illness and just cause has been presented that she/he was unable to
work on that day.
- Employees shall not be eligible for holiday pay if:
The employee is on layoff consisting of a minimum of five (5)
days (including the holiday), on a leave of absence, in military
service or on suspension, except eligible full-time employees with
over one (1) year of service who are laid off (refer to Article
The employee has been absent for a period of thirty (30) consecutive
days prior to said holiday.
The employee fails to work on said holiday if scheduled to do so,
except in the case of a bona fide illness and just cause for such
absence has been presented to the Employer.
- Holiday During Vacation Period
- Where an employee is entitled to a paid holiday as provided above
and the holiday falls within the employee's vacation period, such
employee shall be allowed an additional day of vacation with pay or
holiday pay, at the option of the Employer.
- Computation of Overtime
- Eligible employees required to work on any of the recognized
holidays shall receive straight-time pay for the actual hours worked
on such holidays in addition to the holiday pay. Holiday pay shall
not be considered hours worked for computation of weekly overtime
pay. Employees shall not be rescheduled to defeat the purpose of
holiday pay except by mutual agreement between the Employer and
- No Disqualification
- An employee shall not be disqualified for holiday pay if failure to
work on the days immediately preceding the holiday or the workday
immediately following the holiday is due to:
Layoff from work when notification of such layoff occurs on
the workday immediately preceding the holiday or the workday
immediately following the holiday.
Death in the employee's immediate family; within the meaning of
section 12.8 Funeral Pay.
Illness or accident which occurs during working hours on either of
such days and prevents the employees from continuing work.
Jury duty which requires the absence of the employee.
Emergency conditions occurring on the workday immediately preceding
the holiday or the workday immediately following holiday over which
the employee has no control and which, despite her/his exercise of
diligent effort, prevent her/him from working all or part of such
- Layoff or Eligible Full-Time Employees
- As an exception to 13.5 above, an eligible, full-time employee with
one (1) year or more of continuous employment with the Employer who
is laid off during a period of six (6) days immediately preceding a
recognized holiday, or six (6) days immediately following a
recognized holiday shall not suffer a loss in holiday pay to which
she/he is otherwise entitled.
Article 14. Vacations
- Amount of Vacation
All regular full-time and regular part-time employees who have
at least one (1) full year of seniority shall be entitled to a paid
vacation on the following basis:
Service Vacation Period
year, but less that two years One week
years, but less than ten years Two weeks
years, but less than twenty years Three weeks
years, or more Four weeks
Temporary layoffs or leaves of absence during the year shall not
interrupt the continuity of seniority for the purpose of determining
the amount of vacation for which an employee is eligible.
Employees shall be entitled to receive their vacation pay before they
leave for vacation.
- Vacation Pay -
Employees shall be entitled to vacation benefits at straight-time
rates of pay on the same basis that their work is performed.
Employees working either full-time or short shifts shall be paid
vacation pay based on the total hours paid in the accrual year,
including premium, overtime, vacation, holiday hours. However, no
employee shall be entitled to more than forty (40) hours of vacation
pay per week. The following shall be the method of computing vacation
Number of months in the accrual year times 1/12 times the
number of weekly average hours.
After two (2) full accrual years, two (2) times the number of weekly
After ten (10) full accrual years, three (3) times the number of
weekly average hours.
After twenty (20) full accrual years, four (4) times the number of
weekly average hours.
- Scheduling Vacation Periods
- To the extent business requirements permit, employee requests for a
specific period in which to take vacations will be honored.
Furthermore, the most senior employees shall have preference as to
the time they take their vacation so far as the efficient operation
of the business will permit. Where more than one (1) employee in a
job classification desire their vacations at the same time, vacation
periods will be assigned according to seniority. Employer and the
employee may mutually agree upon the time of vacation period.
Employer reserves the right to schedule vacations so that they will
not interfere with business operations, but each employee should be
entitled to take her/his vacation not later than six (6) months after
she/he has qualified for it. Vacations are not cumulative and must be
taken within the vacation period established by the Employer. This
section shall not be construed to reduce vacation benefits
established by past practice.
cannot be carried over from one vacation period to another without
the specific authorization of management in writing. Any vacation
carried over will be paid at the wage rate in effect at the time the
vacation is earned.
- No Work During Vacation
- Once a request for vacation has been approved by the Employer, the
vacation dates shall not be changed unless by mutual consent of the
Employer and the employee.
- Terminated Employees
- Employees who are discharged or who terminate their employment
shall be entitled to pro-rated vacation pay earned and computed in
accordance with 14.2 above. Provided, however, employees voluntarily
terminating employment must first notify the Employer one (1) week
prior to such termination in order to be eligible to receive
pro-rated vacation pay.
- Tipped Employee Vacation Adjustment
- For all vacation hours accrued, in addition to their regular hourly
rates, tipped employees working in the classifications of door
attendants, bell stand, bell captain, cocktail waitperson, and ala
carte waitperson shall be compensated at the applicable legal minimum
wage rate in effect at the time of the accrual.
Article 15. Banquet Department
- Banquet Definition
- A banquet shall be deemed to be any reserved function with a
pre-set menu and a fixed cost including cocktail parties, supervised
by the Catering Department.
- Banquet Employee Compensation
- Banquet Servers shall receive the following percentage of the
banquet service charge:
of any service charge less than 17%
of any service charge of 17% but less than 18%
of any service charge of 18% or more.
- Service Charge on Guaranteed Meals
- Service charges shall be paid on the guaranteed number of meals
paid for by the customer.
- Full Function
- Where clean-up is delayed until the conclusion of speeches or a
program only the number of employees sufficient to do the clean-up
need be retained and those that do not remain shall nevertheless
share in the compensation.
- Banquet Employee Benefits
- Regular banquet employees shall be granted the benefits listed
Jury Duty - Section 12.7
Funeral Pay - Section
Holidays - Article 13
Vacations - Article 14
and Welfare - Article 19
Pension - Article 20
to the terms and conditions as set forth in the appropriate
section(s) or Article(s) as shown.
- Regular Banquet Employees
- The Employer shall maintain a regular waitperson and regular
banquet bartender list which shall contain all regular banquet
service employees who work on a full-time basis in the Hotel. The
seniority list of all regular banquet employees shall be posted every
three (3) months and upon request of the Union, the Employer shall
provide an updated list of all regular and all extra banquet
employees to the Union.
- Employer Records
- The Employer shall maintain complete records on all banquets and
functions and the amount of service charge or gratuities deposited
with the Employer for the employees along with the actual amount or
method of distribution submitted to the employee. The employee or
Union representative shall be permitted to inspect the banquet
employee compensation records during usual office business hours.
- Holiday Pay - Banquet Employees
- Regular banquet waitpersons' and bartenders' holiday pay shall be
calculated by totaling previous yearly hours as of January 1 of each
year and dividing by 52 weeks then dividing by 5 workdays. The
resulting number of hours shall be paid for each holiday of the new
year. Employees who have worked less than one (1) year as a regular
banquet employee shall receive three (3) hours of holiday pay for
each holiday worked.
- Vacation Pay - Banquet Employees
- Regular banquet waitperson and bartender vacation pay shall be
calculated by totaling their pervious yearly hours as of January 1 of
each year and dividing by 52 weeks and multiplied by the number of
weeks of earned vacation benefits.
Article 16. Housekeeping Department
- Room Cleaning
- No housekeeping employee shall be required to clean an unreasonable
number of rooms.
- Assistance - A
housekeeping employee may request assistance when the nature of the
work to be performed is quite difficult or hard to perform.
Article 17. State and Federal Law
- Recognition of Applicable Laws
- Nothing contained in this Agreement shall be deemed or construed to
require, directly or indirectly, the Employer to do anything
inconsistent with the laws or regulations of any competent
governmental agency (City, State or Federal) having jurisdiction over
the Employer's Hotel. The Union and the Employer agree that neither
will compel, force, or cause, directly or indirectly, the other
respective Party to do anything inconsistent with any applicable
- Equal Opportunity
- The Union and Employer agree that there shall be no discrimination
by either Party which violates any the City, State or Federal laws,
ordinances or regulations on Equal Opportunity Law.
Article 18. Medical Examinations
Employer may require and pay for physical and medical examinations of
employees for job related reasons and may lay off or release
employees unable to satisfactorily pass such examinations. The Union
may require the Employer to furnish a physician's certificate with
respect to employees terminated for medical reasons. Furthermore, the
Union may pay for and proceed with an independent medical examination
of such employees.
Article 19. Health and Welfare
- Generally -
The Employer agrees to continue to contribute and support the Twin
Cities Hotel Employers-Employees Health and Welfare Trust Fund,
hereinafter "Fund". The limits of such contribution shall
be as follows:
- At the start of this Agreement, the Employer agrees to contribute
to the Fund three dollars and ten cents ($3.10) for each hour paid to
all employees under jurisdiction of this Agreement. On the one year
anniversary of this Agreement, this contribution shall be increased
to three dollars and thirty cents ($3.30) per hour; on the two year
anniversary of this Agreement this contribution shall be increased to
three dollars and fifty cents ($3.50) per hour.
- Employer Obligation
- The Employer's obligation to contribute to the Health and Welfare
Fund is limited to the amount of contribution specified in this
- Benefits - The
benefits set out in the attached Schedule of Benefits are made a part
of this Agreement. The Fund Trustees are expressly authorized to
adjust benefit levels and/or eligibility to maintain the solvency of
the Fund, subject to the requirements of the Affordable Care Act. If
such adjustments are not possible without violating the required
benefit levels and/or eligibility specified in the Affordable Care
Act, the Union or the Employer may request that the contract be
re-opened to negotiate changes to Article 19 of this Agreement and/or
to the Schedule of Benefits that will bring the Fund back in
compliance. If the Fund fails to comply with the Affordable Care Act
for any other reason, including changes in the requirements of the
Affordable Care Act, the Union or the Employer may request that the
contract be re-opened to negotiate changes to Article 19 of this
Agreement and/or to the Schedule of Benefits that will bring the Fund
back in compliance.
- Trust Agreements
- All of the terms and conditions of Article 21 of this Agreement are
binding on the Parties.
- Self-Pay - All
eligible employees (and their dependents, if applicable), as set
forth in Appendix C, Health and Welfare, who fall below the required
hours for Health and Welfare coverage shall be permitted to self-pay
up to the time period for extended coverage established by federal
legislation provided they do so in accordance with the standards and
procedures established by the trustees/federal legislation.
Article 20. Defined Contribution Retirement Plan
- Generally - At
the start of this Agreement, the Employer shall contribute to the
"Twin Cities Hotel Employers-Employees Defined Contribution
Retirement Plan" (hereinafter the "Defined Contribution
Plan"), at a rate of forty five cents ($0.45) for each hour paid
to each employee under the jurisdiction of this Agreement. This
contribution will be increased to sixty cents ($0.60) on this
Agreement's second anniversary.
- Trust Agreements
- All of the terms and conditions of Article 21 of this Agreement are
binding on the Parties.
Article 21. Trust Agreements
- Bound to Trust Agreement
- The Employer shall be bound by all terms and provisions of the
agreements and plan documents as now existing or hereafter amended
pursuant to which the Health and Welfare Fund and Defined
Contribution Plan are maintained. All such documents, including
subsequent amendments and all rules and procedures adopted pursuant
to those documents, are hereby incorporated by reference in this
Agreement and their terms and provisions shall be binding upon the
Employer and the Union as if they were fully set forth in this
Agreement. The Employer agrees to execute a participation agreement
effective with the effective date of this Agreement.
- Delinquent Payments
- The failure, refusal or neglect of the Employer to report and pay
the Health and Welfare Fund or the Defined Contribution Plan the
contributions required herein on or before the 10th day of the month
following the month in which the employee worked, shall subject the
Employer to liability for the principal and in addition, liquidated
damages of twelve percent (12%) of the delinquency, eight percent
(8%) interest on the delinquency and reasonable attorney fees and
costs incurred in the collection of the delinquency; provided the
Employer is served with at least fourteen (14) calendar days written
notice of default. In the event that an employee working under the
jurisdiction of this Agreement is rendered ineligible to receive
benefits by virtue of the Employer's failure to pay the contribution
required herein, the Employer shall be liable and responsible for any
claim for benefits to which the employee would otherwise have been
- Delinquency Enforcement
- In enforcing the Employer's obligation set forth in this Article
after due notice to the Employer of his delinquency, neither the
Union nor the Health and Welfare Fund nor the Defined Contribution
Plan shall be obligated to invoke or exhaust the Grievance and
Arbitration Procedure set forth in Article 10 prior to initiating an
action for legal and/or equitable relief.
- Audits - The
Trustees of the Health and Welfare Fund and the Defined Contribution
Plan shall have the right to audit and inspect the Employer's
payroll, social security tax withholding or other such records of the
Employer, as may be deemed necessary by the Trustees in order to
determine the Employer's compliance with the terms and provisions of
Article 22. Savings Clause
any section of this Agreement should be held invalid by operation of
law or by any tribunal of competent jurisdiction; or if compliance
with or enforcement of any provision should be restrained by such
tribunal pending final determination as to its validity, the
remaining provisions of this Agreement shall not be affected thereby,
but shall continue in full force and effect. Provided, furthermore,
the Union and the Employer agree to meet and confer within two (2)
weeks of any ruling invalidating any Article, section, or portion of
this Agreement to negotiate a lawful provision on the same subject if
Article 23. Term of Agreement
Agreement shall be in effect for a period of three (3) years
commencing on the first (1st) day of [insert month and year nearly
three years ago], and shall continue to [insert contract expiration
date as per instructor], and be automatically renewed thereafter,
unless at least sixty (60) days prior to the termination date either
Party serves written notice upon the other by certified mail of a
desire to terminate, change or modify this Agreement.
IN WITNESS WHEREOF, the Employer and the Union hereby
execute, sign and attest to this Agreement .
INTERNATIONAL UNION OF SERVICE WORKERS AND ALLIED EMPLOYEES LOCAL
Minimum Wage Rates and Job Classifications
1 Year 2
Set-Up Convention Services (110) 14.78 15.15 15.60
Attendants (210) Legal Minimum Wage
Captain (310) Legal Minimum Wage + $1.85
(320) Legal Minimum Wage
Bartender (410) 16.00 16.40 16.89
(420) 14.72 15.09 15.54
Assistant (430) 14.21 14.56 15.00
Waitperson (440) Legal Minimum Wage
Cook (1st, 2nd, gourmet,
chef, saucier) (510) 20.67 21.18 21.82
(broiler, roast, head fry, breakfast,
dining room meat carver) (520) 19.34 19.83 20.42
(530) 18.89 19.36 19.94
Cook, Vegetable Cook,
Meat Person (540) 15.51 15.89 16.37
Fry Combination (550) 15.35 15.74 16.21
Pantry (610) 14.78 15.15 15.60
(620) 14.63 15.00 15.45
(630) 14.44 14.81 15.25
(640) 14.30 14.66 15.10
(710) 15.75 16.15 16.63
(720) 14.49 14.85 15.30
Carte Waitperson (730) Legal Minimum Wage
(740) 14.30 14.66 15.10
& Maintenance (810) 15.14 15.51 15.98
Clerk (820) 14.92 15.29 15.75
Helper (830) 14.74 15.11 15.56
Room (840) 14.44 14.81 15.25
Garment Repair (850) 14.65 15.02 15.47
Appendix B: Seniority Classifications
Housekeeping Services (includes room cleaners, housepersons, lobby
cleaners, linen room, linen/garment repair)
Lead Linen Employees
Kitchen Utility (includes silver polishers, dishwashers, glass
washers, pot washers, steam table servers, runners, night cleaners -
kitchen, restaurant and bars, stewards, uniform custodians)
Storeroom Clerks and Helpers
Bartenders (includes front bar and service bar)
Line Cooks*, Fry Cooks (includes Head Fry Cook)
Utility Cooks, Combination Counter-Fry, Head Pantry and Pantry
Ala Carte Waitpersons
Ala Carte Buspersons
Banquet Setup, Convention Services
the event of a layoff in these cook classifications, the laid-off
employee(s) shall have the opportunity to exercise his/her
establishment seniority to bid into a lesser skilled classification
at the hourly pay rate of the new classification.
Appendix C: Health and Welfare Schedule of Benefits
Full-Time Payroll Employees as defined by Article 6 are eligible for
Health Insurance ($300 Deductible Single Coverage)
Hospital Expenses 80% of expenses
after employee pays $2,000)
Medical Care 80% of expenses
Health Care 100% for preventive services
specified in the Affordable Care Act
Health Care 80% of expenses
prenatal exams and delivery)
Exams No Coverage
Glasses and Contact Lenses No Coverage
Drugs 100% for preventive medications
in the Affordable Care Act
after $15 Co-pay for a 30-day supply of generic drugs
after $75 Co-pay for a 30-day supply of non-generic drugs
a prescription drug is treated as generic if there is no generic
Out-of-Pocket Maximums $4,000 per individual
Life Insurance $5000.00
Death and Dismemberment 5000.00
Accident and Sickness Disability (weekly benefit)
day of hospitalization, 1st day of accident,
day sickness to a maximum of 13 weeks) Up To $ 120.00
Family Coverage Allowance: The Fund will reimburse an amount up to
$350.00 per month per eligible employee participant for the purchase
of family coverage. Employees should contact the Trust Fund office
for further information.