Collective Bargaining Agreement

Capitol Plaza Holiday Inn H.E.R.E. Local 49 300 J Street 1804 Tribute Road, Suite A Sacramento, CA 95814 Sacramento 446-0100 564-4949 or 1-800-HOTEL-49
Medical & Dental: 921-3388
or 1-800-562-9383


June 1, 2001 through May 31, 2006


Section 1. Recognition Section 2. Union Representative's Activities/Shop Stewards Section 3. Types of Employees Section 4. Reporting Pay Section 5. Schedules, Work Week, and Overtime Section 6. Discrimination and Equal Pay Section 7. Meals and Rest Periods Section 8. Vacations Section 9. Holidays and Well Days Section 10. Funeral & Jury Duty Leave Section 11. Medical and Dental Plans Section 12. Pension Section 13. Contributions and Collections Section 14. Superior Workers and Premium Pay Section 15. Combination Jobs Section 16. Disciplinary Actions Section 17. No Strike and No Lockout Section 18. House Cards and Union Buttons Section 19. Hiring Practices Section 20. Employer's Operation Section 21. Grievance Procedures Section 22. Arbitration Section 23. Dues and Fees Check-off Section 24. Worker's Compensation Section 25. Management Rights Reserved Section 26. Seniority Section 27. Terms, Terminations, and Amendments Section 28. Craft Rules and Working Conditions Section 29. Leaves of Absence Section 30. Change of Status/Immigration Section 31. Wages Section 32. Signatures


ADDENDUM A. Gift Shop
B. Tip Reporting Procedure Manual
C. Authorization Card


COLLECTIVE BARGAINING AGREEMENT 6-1-01 to 5-31-06


THIS AGREEMENT, hereinafter called the contract, entered into this day of May, 2001, at Sacramento, California, by and between the Hotel Employees and Restaurant Employees Union Local 49, AFL-CIO, hereinafter known as the Union, and Holiday Inn - Capitol Plaza Sacramento, hereinafter designated as Employer.


In the event any portion of this contract is invalidated by the passage of legislation or by the rendition of a decision by a court of last resort, such invalidation shall apply only to those portions thus invalidated; and the remaining portions of this contract shall remain in full force and effect. If this occurs both parties shall meet within fifteen (15) calendar days for the purpose of renegotiating different provisions relative to the subject matter invalidated.


Section 1. RECOGNITION:
The Union shall be recognized as the sole bargaining agent for the purpose of collective bargaining for all employees coming under the jurisdiction of the Union, except employees excluded under any applicable Federal law.


Section 2. UNION REPRESENTATIVE'S ACTIVITIES/SHOP STEWARDS:
(a) Properly authorized representatives of the Union shall be permitted to investigate the standing of all employees and to investigate conditions to see that the contract is being enforced, provided that no interview shall be held during the rush hours, or unreasonably interrupt the duties of any employee. Authorized Union representatives shall inform the Employer or department head of their presence at the Hotel before interviewing employees.
(b) Shop Stewards
(1) The maximum number of Shop Stewards shall be three (3) Shop
Stewards. It is understood that no more than one(1) Shop
Steward shall be involved in the handling of any one
particular grievance.


If any problem arises with the implementation of a Shop Steward system at the hotel, the parties agree to meet upon request of either party and work out mutually agreeable solutions to the problem.
(2) The Employer agrees to recognize Shop Stewards. Shop
Stewards shall assist in the handling and/or investigation
of grievances and may participate in all steps of the
grievance procedure.


It is understood that during work time, if an employee requests the presence of a Shop Steward at a meeting where discipline may occur, the Shop Steward shall be allowed to leave his assigned job to attend such meeting. Shop Stewards may discharge their responsibilities at other times during their working hours only if prior approval is obtained from their immediate supervisor and there is no disruption in work. The Employer reserves the right to schedule grievance meetings during non-working hours of the Shop Steward. It is understood that Shop Stewards may cross departmental lines.


Capitol Plaza Holiday Inn 2 6/1/01 - 5/31/06


(3) Shop Stewards shall receive training from the Union
concerning their duties and responsibilities. In order to
recognize Shop Stewards, the Union shall notify the Employer
of the names of the trained and certified Shop Stewards.
(4) The Union may appoint or elect Shop Stewards. The election
may be held on Employer's premises. It is understood that
balloting will be conducted on the employee's own time and
shall not cause disruption of the Hotel operations.


Section 3. TYPES OF EMPLOYEES:
(a) Full-time Employee: Any combination of shifts totaling thirty (30) hours or more in a five (5) day period (work week).
(b) Steady Part-time Employee: Any combination of shifts totaling less than thirty (30) hours in a five (5) day period (work week).
(c) Tipped Employee: Food and beverage servers, bus persons, bellpersons, bartenders, and valet parking attendants.
(d) Non-tipped Employee: All others not mentioned in Sub-Section (c) above.


Section 4. REPORTING PAY:
(a) When an Employer or his representative orders an employee to report for work or fails to notify an employee not to report for work for any reason and said employee is not allowed to work, the Employer shall pay the employee for one-half (1/2) of the shift called for but not less than four (4) hours minimum. This shall not apply to an employee under the influence of liquor or drugs. Employees scheduled to attend mandatory training/educational sessions shall be compensated at a two (2) hour minimum pay, or actual time spent, whichever is greater.
(b) Employees who are to be terminated must be notified at the end of their shift. If this is not done and they report for work the next regular work day and are not placed at work, they shall receive one-half (1/2) of their scheduled shift or four (4) hours minimum pay for so reporting.


Section 5. SCHEDULES, WORK WEEK, AND OVERTIME:
(a) The Employer shall post in a conspicuous place in each department, a work schedule specifying names and classifications, days off and starting and finishing time, which must be corrected weekly, if need be. The weekly schedule should be posted by 12:00 noon on Thursday, to be effective 4:00 a.m. on Saturday.
(b) Except for Housekeeping Department Employees, regularly scheduled employees shall have a fixed starting time, which time shall not be changed by the Employer without giving a thirty-six (36) hour notice to the affected employee, except in case of emergency and by mutual consent.
It is further understood that:
1. All employee requests for a variance in a posted schedule
will be at the sole discretion of management.


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2. All employee requests for a variance in scheduling must be
submitted before the schedule is posted and must be in
writing. Scheduling variance requests will not be considered
granted unless signed as approved by the Department Head.
The employee shall be responsible for keeping this written
approval in case of a dispute. Requests must be answered
within seventy-two (72) hours of the request.
3. Seniority shall determine who has preference for a schedule
variance request if a conflict between employees arises
before the schedule is posted.
4. After posting of the work schedule, schedule variance
requests, if granted at all, will be to the first person to
request the variance in writing.


(c) The scheduling procedures for the Housekeeping Department are:
1. After your scheduled day off you must call in to check your
schedule (6:30 am- 4pm the day before you are due back).
2. On-call personnel must phone in each day that you are placed
on call between the hours of 6:30 am and 7:30 am. (The day
of on-call status.)
3. Housekeeping personnel must not report to work without
checking their schedule prior to coming in.
4. Employees switching days off must get 5 days prior written
approval.
5. Request for days off must be given 5 days in advance. You
must receive prior approval from the Housekeeping Manager.
6. Requests must be answered within seventy-two (72) hours of
the request.


(d) The work week shall be from Saturday morning at 4:00 a.m. through Saturday morning at 3:59 a.m. Five days of work within this work week shall constitute a week's work.
(e) Seven and one-half (7 1/2) hours within eight (8) shall constitute an eight (8) hour shift and a day's work, except for bartenders, security, night auditors and graveyard housekeeping personnel. All of these employees shall be paid for all eight (8) hours of their eight (8) hour shift (includes their thirty (30) minute meal break).
(f) Any work performed in excess of an eight (8) hour shift, or a forty hour week, shall be compensated at time and one-half (1 1/2) of the regular rate of pay for each major portion of each quarter (1/4) hour worked. Any work performed on the sixth (6th) or seventh (7th) day of any seven (7) consecutive days shall be at time and one-half (1 1/2) of the regular rate of pay.
(g) Any work performed on the eighth (8th) consecutive day, or thereafter (consecutive days), for the convenience of the Employer, shall be paid at double that employee's straight hourly rate. This includes all State time and one-half provisions applicable. However, if the eighth (8th) consecutive day and thereafter consecutive days worked are at the request of the employee to facilitate his taking off extra days in a row, in exchange, then he shall be paid at straight time.
(h) A ten (10) hour, four (4) day, work week may be implemented by mutual agreement of the Union and the Employer, in a given classification.


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(i) Except for Banquet Department employees, no employee shall be allowed to work more than one (1) shift in any one (1) calendar day. This shall not prohibit the performance of overtime work consecutive with the shift completed.
(j) Except for Banquet Department employees, eight (8) hours must elapse between any two (2) regular scheduled shifts. Should a period of eight (8) hours not elapse between the end of any one (1) regular scheduled shift and the beginning of the next regular scheduled shift, then overtime wages of one and one-half (1 1/2) of the regular rate of pay shall prevail. This shall not apply in case of emergency and with the mutual consent of both parties. This shall not apply to split shifts as defined under Section 5.
(k) Except as provided for in Section 4 (a), the minimum shift for all classifications will be for four (4) hours, except the Banquet Department which has a three (3) hour minimum shift.
(l) Split Shifts: Six (6) to eight (8) hours work within a spread of twelve (12) consecutive hours with only one (1) split shall constitute a split shift. Split shifts will be paid one (1) hour at the current minimum wage in addition to wages earned, in accordance with current I.W.C. regulations.


Section 6. DISCRIMINATION AND EQUAL PAY:
(a) There shall be no discrimination against any employee in accordance with all applicable State and Federal laws.
(b) The Union and the Employer agree the Employer shall be permitted to take all actions necessary to comply with the Americans With Disabilities Act. However, the Employer agrees that any accommodation made for an employee which conflicts with any term or provision of this contract shall first be discussed with the Union prior to its implementation. In any event, the only issue under this provision that may be subject to the grievance procedure is pursuant to the security provisions of this Contract.
(c) Note: Wherever a masculine pronoun occurs in this document, it shall be understood to include the feminine pronoun.


Section 7. MEALS AND REST PERIODS:
(a) All meals furnished under this contract will be above and beyond the wage scales set forth in this contract and at no cost to the employee, except for any applicable State or Federal tax liability.
(b) Any employee working four (4) hours or more per day shall receive one (1) hot or one (1) cold meal of comparable quality to that served to the customer, excluding gourmet items.
(c) Any employee working a shift of six (6) hours or more shall be given an opportunity to eat a meal within not less than two (2) or more than five (5) hours from the commencement of the shift. In no case will an employee be allowed to work more than five (5) hours without a meal break, except for shorter shifts.
(d) In the event that employees are not permitted to eat in the dining room, they shall be provided with clean and sanitary facilities and be responsible for removing their own dishes, silverware, glassware, etc., to a proper station.
(e) All employees shall be entitled to a ten (10) minute rest period for every four (4) hours worked or major portion thereof.


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Section 8. VACATIONS:
(a) Vacations with pay are hereby established for all employees. The period of service for the purpose of earning a vacation shall begin with the date of employment with this Employer and be calculated as follows:


After twelve (12) consecutive months he shall be entitled to one
(1) week's vacation with pay.
After twenty-four (24) consecutive months he shall be entitled to
two (2) weeks vacation with pay.
After eight (8) consecutive years and thereafter, he shall be
entitled to three (3) weeks vacation with pay.
After fifteen (15) consecutive years and thereafter, he shall be
entitled to four (4) weeks vacation with pay.
Vacations shall not be cumulative: i.e., they may not be accumulated from one twelve (12) month period (commencing with the anniversary date) to the next. Pay for unused vacation time shall be paid out on the employee's anniversary.


(b) Vacation pay shall be computed by the formula which follows. The earnings upon which the computation is made shall be the total sum earned during this period with the exception of banquet service charges, employee's declared tips, and meals.


Vacation Pay Computation


1st year - 2% of wages earned.
2nd through 7th year - 4% of wages earned.
8th through 14th year - 6% of wages earned.
15th completed year and thereafter - 8% of wages earned.


(c) For the purpose of pro-rating vacations for all employees, who quit or are terminated and who have served more than six (6) months shall on termination of employment be compensated in lieu of vacation as follows:


Vacation Pay Upon Termination


6 months and up to 12 months - 2% of wages earned.
13 months through 7th year - 4% of wages earned.
8th year through 14th year - 6% of wages earned.
15th completed year and thereafter - 8% of wages earned.


(d) During each November, sign up sheets will be posted for vacation selection. During that month, employees will have the option of choosing a vacation period in the following calendar year. If two (2) or more employees request the same time period for vacation, and all cannot be granted that period, hotel seniority shall determine who will get that


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time period. If at the end of November, an employee fails to schedule a vacation time period, the Employer shall have the right to schedule that employee for vacation time off. Unless there is a serious verifiable emergency, any employee who has been given or selected a given vacation period may not request a change in said vacation period unless at least fourteen (14) calendar days advance written notice is given. In all cases granting of variances is at the sole discretion of the Employer. Black-out periods, where no vacation will be granted, are at the sole discretion of the Employer. However, if business allows, the Employer has the option of releasing any of that time for vacations.


(e) Employees shall be entitled to one (1) additional week without pay to follow consecutively after their paid vacation. The employee must request this additional time off at the same time as they request their vacation pay; 45 calendar days in advance of the start of their vacation.
(f) The employee will be paid their vacation pay within thirty (30) calendar days prior to the start of their vacation by means of the regular payroll period. However, employees must fill out a vacation pay request forty-five (45) calendar days prior to the start of their vacation for this to be guaranteed. If after so doing this, the Employer fails to have the vacation pay included in the regular pay period check, a separate check will be issued for that vacation pay prior to the start of the vacation.
(g) The Employer will pay Medical, Dental and Pension payments for paid vacation time on the same hours as if the employee actually worked. This will not apply to terminated employees.


Section 9. HOLIDAYS AND WELL DAYS:
(a) The following days shall be observed as holidays:


New Year's Day (January 1)
President's Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Thanksgiving Day (4th Thursday in November)
Christmas Day (December 25th)


Any work performed on such days shall be paid for at time and one-half (1 1/2) the regular rate of pay. If an employee does not work on a holiday, said employee is not entitled to holiday pay.
(b) Any employee working on a holiday which is also their sixth (6th) or seventh (7th) consecutive day of work will be compensated at two (2) times the regular rate of pay.
(c) After one (1) year of continuous employment (including approved medical leave of absence and vacation time) any employee who has also qualified for medical, dental, and pension benefits will be entitled to paid well days in accordance with the following schedule:


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Employment # of Days
---------- ---------
1 Year 1
2 Years 2
3 Years 5
4 Years 6
5 Years or more 7


Effective 6/1/03: - ----------------


Employment # of Days
---------- ---------
1 Year 3
2 Years 4
3 Years 5
4 Years 6
5 Years 7


(d) Well days may be used to cover a day off for illness or injury, and the Employer cannot demand a doctor's report unless that day is a holiday, or immediately prior to or after a holiday, the vacation period, or regularly scheduled days off. Other than this type of medical emergency, one week's notice must be given to the Employer to schedule a well day off. The Employer has the option to waive this advance notice. Well days may be taken off consecutively where applicable. Unused well days may accumulate to a maximum of eighteen (18) days. If currently over eighteen (18) days, the Hotel will pay off excess days.


Section 10. FUNERAL & JURY DUTY LEAVE:
(a) In the event of a death in the immediate family of an employee who has one (1) or more years of employment with this Employer, that employee shall be granted a leave of absence with pay not to exceed three (3) days. This provision does not apply if the funeral occurs during the employee's vacation, leave of absence, days off, lay off or sick leave. A day's pay shall be based upon an employee's normal work schedule.
(b) The immediate family shall mean only a (step) father, (step) mother, (step) brother, (step) sister, spouse, (step) child, (step) mother-in-law, (step) father-in-law, or (step) grandparent.
(c) Funeral leave applies only when the employee must make arrangements for the funeral and/or to attend the funeral. It is not applicable for other purposes, such as settling the estate, etc.
(d) The Employer may demand verification of the death and the relationship. The employee must notify his immediate shift supervisor as soon as possible of the death and his necessary absence from work.
(e) Funeral leave hours shall count toward Medical, Dental and Pension benefits calculations.
(f) Employees serving on jury duty shall retain their seniority, and the Employer will continue to make contributions for them to continue their Medical, Dental and Pension benefits on the same basis as their scheduled hours before that jury duty. In no event shall the Employer


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continue Medical, Dental and Pension benefits for more than thirty (30) calendar days per calendar year.


Section 11. MEDICAL AND DENTAL PLANS:
(a) The Sacramento Independent Hotel, Restaurant and Tavern Employees Welfare Plan is hereby established. The details of the Trust Fund and the Declaration of Trust dated the lst day of April 1954 and the 1st day of August 1954, as executed by the parties hereto is hereby made a part of this contract. The Fund shall be administered by the Employers and the Union through a Board of Trustees. (The Union recognizes the Sacramento HERE Employers' Association as the representative body to appoint and/or remove Management Trustees on said Board, provided said Association is legally constituted and approved by Employers representing a majority of employees who are participants in the Fund.)
(b) Eligibility Requirements: In all cases, for an employee to be eligible for coverage he must work a minimum number of hours per calendar month commencing with the calendar month immediately following the calendar month of the date of hire as follows:


All Employees...... 60 hours or more per calendar month.


For all purposes under this contract, the above are known as the "minimum required number of hours per calendar month." They must be worked for a single contributing Employer under this contract.
(c) Contributions: For each eligible employee the Employer shall contribute during the term of this contract the following sums per calendar month, based upon the hours worked, or paid for, the previous calendar month.


1. MEDICAL - Low Plan (Low Indemnity):
1-1-02 $ 96.00 This rate is for all new hires, for their
1-1-03 $100.00 first twelve (12) calendar months of
1-1-04 $110.00 employment.
1-1-05 $120.00
1-1-06 $130.00


2. During the term of this contract, PacifiCare HMO, or another equal value HMO will be offered as an alternative plan. Any employee may choose either the Kaiser or this alternative Plan by completing the necessary paperwork within 30 days of hire or during the annual open enrollment. Those employees must then co-pay the difference between the PacifiCare premium, or its alternative, and the Employer's contribution each month through payroll deduction.


3. MEDICAL - High Plan (Kaiser or High Indemnity):
1-1-02 $149.00 This rate is for all employees who have
1-1-03 $159.00 completed twelve (12) calendar months of
1-1-04 $174.00 employment.
1-1-05 $189.00
1-1-06 $204.00


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4. DENTAL: 1/1/02 1/1/03 1/1/04 1/1/05 1/1/06
------ ------ ------ ------ ------
$16.00 $17.00 $19.00 $21.00 $23.00


It is the desire and intent of the contracting parties to seek to preserve a sound financial reserve in the Trust Fund to adequately meet the needs of the participants of the Fund. Should depletions of the reserves occur in excess of what can be recovered, then the Trustees will modify benefits temporarily until such time as financially corrective measures can be taken.


(d) Contributions to the Fund for work performed shall be paid not later than the tenth (10th) day of the month following that in which such work is performed. Contributions to be made to the Administrator of the Fund on forms furnished to the Employer by the Fund showing name of the employee, social security account number of new employees, number of hours worked, the amount of contributions due, and such other information as required by the Trustees.


(e) It is hereby agreed that the Employer shall permit an audit of payroll and other pertinent records by an authorized representative of the Medical Trust Fund to verify that the required contributions have been made to the Fund, in accordance with the Trust Fund Agreements.


(f) The Trustees of the Sacramento Independent Hotel, Restaurant and Tavern Employees Welfare Plan shall not be obligated to, and are not authorized to accept any contributions from an Employer under this Section of the contract unless the said Employer is currently a party to or bound by a current contract with the Hotel Employees and Restaurant Employees Union Local 49.


(g) The Employer agrees to pay up to two (2) months contributions per calendar year for Medical and Dental benefits for any qualified employee who is off work because of medical reasons. A qualified employee shall be deemed an employee who has been qualified under this section for twelve (12) months continuous service for this Employer.


(h) The schedule of benefits to be provided for each eligible employee and each covered dependent shall be determined by the Board of Trustees of said Fund.


(i) The Employer agrees to participate in an employee co-payment program for dependent coverage. The co-payment schedule is set by the Trust Fund, and the benefits provided shall be determined by the Trust Fund. The co-payments must be transmitted to the Trust Fund concurrent with the payments for the employee's coverage in order to maintain coverage. All of the conditions and penalties apply to co-payment cover ...