UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

CASE NO. 1:20-cv-22667-RNS

FONTAINEBLEAU FLORIDA HOTEL, LLC,

Plaintiff,

v.

THE SOUTH FLORIDA HOTEL AND CULINARY EMPLOYEES 

WELFARE FUND

and

UNITE HERE, LOCAL 355,

Defendants.

UNITE HERE, LOCAL 355,

and

WENDI WALSH, et al.,

as Trustees of the

THE SOUTH FLORIDA HOTEL AND CULINARY EMPLOYEES 

WELFARE FUND,

Counter Plaintiffs,

v. 

FONTAINEBLEAU FLORIDA HOTEL, LLC,

Counter Defendant. 

NOTICE OF FILING AND ERRATA

On August 3, 2020 undersigned counsel filed an Answer/Affirmative Defenses and 

Counter Claim (D.E. #17) on behalf of the Union UNITE HERE Local 355. Regretfully, the 

Collective Bargaining Agreement was inadvertently omitted. Undersigned counsel requests that 

the attached EXHIBIT A be added to the docket as D.E. #17-1. .

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 1 of 52
Dated August 10, 2020 Respectfully submitted,

________________________

D. Marcus Braswell, Jr. (146160)

mbraswell@sugarmansusskind.com

SUGARMAN & SUSSKIND, P.A.

100 Miracle Mile, Suite 300

Coral Gables, FL 33134

Tel. (305) 529-2801

Fax. (305) 447-8115

Attorneys for Defendant Fund and Counter Plaintiffs Trustees

Local Counsel for Union, Local 355

CERTIFICATE OF SERVICE

I certify that on August 10, 2020, I electronically filed the foregoing with the Clerk of 

Court using CM/ECF. I also certify that the foregoing is being served this day on all parties 

and/or counsel of record identified on the below Service List, either via transmission of Notice of 

Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or 

parties who are not authorized to receive electronically Notices of Electronic Filing.

By: /s/ D. Marcus Braswell, Jr.

D. MARCUS BRASWELL, JR.

SERVICE LIST

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

Russell S. Buhite, FL 0831085

Russell.Buhite@ogletree.com

1201 Third Avenue, Suite 5150

Seattle, WA 98101

Telephone: 206-693-7057 & Fax: 206-693-7058

S. Kathleen Massing, FL 0722219

Kathleen.Massing@ogletree.com

100 North Tampa Street, Suite 3600

Tampa, FL 33602

Telephone: 813-289-1247 & Fax: 813-289-6530

Attorneys for Plaintiff/Counter Defendant

FONTAINEBLEAU HOTEL FLORIDA, LLC

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Exhibit A 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

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COLLECTIVE BARGAINING AGREEMENT 

Between 

Fontainebleau Florida Hotel, LLC 

(d/b/a Fontainebleau Miami Beach) 

and 

UNITE HERE, Local 355 

July 1, 2017 - June 30, 2022 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

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Table of Contents 

Page 

PREAMBLE ..................................................................................................................................................... l 

ARTICLE 1- BARGAINING UNIT .................................................................................................................... 1 

ARTICLE 2- NO DISCRIMINATION ................................................................................................................ 4 

ARTICLE 3 - UNION SECURITY & CHECK-OFF ................................................................................................ 5 

ARTICLE 4- UNION VISITATION .................................................................................................................... 5 

ARTICLE 5 - SHOP STEWARDS ....................................................................................................................... 6 

ARTICLE 6- HIRING OF EMPLOYEES ............................................................................................................. 6 

ARTICLE 7 - PROBATION ............................................................................................................................... 7 

ARTICLE 8 - MANAGEMENT .......................................................................................................................... 7 

ARTICLE 9- NO STRIKE/ NO LOCKOUTS ....................................................................................................... 7 

ARTICLE 10 - SENIORITY FOR EMPLOYEES .................................................................................................... 8 

ARTICLE 11- LAYOFF .................................................................................................................................... 9 

ARTICLE 12 - DISCIPLINE AND DISCHARGE.. .................................................................................................. 9 

ARTICLE 13 -WAGES & CLASSIFICATIONS ................................................................................................... 11 

ARTICLE 14 - HOURS & OVERTIME .............................................................................................................. 12 

ARTICLE 15 - VACATIONS ............................................................................................................................ 14 

ARTICLE 16- HOLIDAY PAY ......................................................................................................................... 14 

ARTICLE 17 - SERVICE CHARGES & INSPECTIONS ........................................................................................ 15 

ARTICLE 18 - BEREAVEMENT PAY ................................................................................................................ 20 

ARTICLE 19 - JURY PAY ................................................................................................................................ 20 

ARTICLE 20 - MEALS .................................................................................................................................... 20 

ARTICLE 21- UNIFORMS ............................................................................................................................. 21 

ARTICLE 22- LOCKERS AND SANITATION .................................................................................................... 21 

ARTICLE 23 - UNION PINS ............................................................................................................................ 21 

ARTICLE 24 - BULLETIN BOARD ................................................................................................................... 21 

ARTICLE 25 - TRAINING PROGRAMS ........................................................................................................... 21 

ARTICLE 26- GRIEVANCE AND ARBITRATION ............................................................................................. 22 

ARTICLE 27 - PENSION BENEFIT .................................................................................................................. 24 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

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ARTICLE 28 - HEAL TH BENEFITS .................................................................................................................. 26 

ARTICLE 29 - SUCCESSOR CLAUSE ............................................................................................................... 27 

ARTICLE 30 - RELIEF APPEALS ...................................................................................................................... 28 

ARTICLE 31 - PAID SICK LEAVE ..................................................................................................................... 28 

ARTICLE 32 - GUEST SERVICE COMMITMENT ............................................................................................. 28 

ARTICLE 33 - DRUG AND ALCOHOL POLICY ................................................................................................. 29 

ARTICLE 34-0RIENTATION ........................................................................................................................ 29 

ARTICLE 35 - HOUSEKEEPING ..................................................................................................................... 29 

ARTICLE 36- FAVORED NATIONS ................................................................................................................ 31 

ARTICLE 37 - PARKING ................................................................................................................................. 31 

ARTICLE 38 - HEALTH AND SAFETY .............................................................................................................. 32 

ARTICLE 39 - CIVIL RIGHTS .......................................................................................................................... 32 

ARTICLE 40 - IMMIGRANTS' RIGHTS ........................................................................................................... 33 

ARTICLE 41- Hospitality Employees Advancement and Training (HEAT) Fund .......................................... 34 

ARTICLE 42 -AGENCY EMPLOYEES IN HOUSEKEEPING ............................................................................... 35 

ARTICLE 43 - COMPLETE AGREEMENT ........................................................................................................ 36 

ARTICLE 44- DURATION ............................................................................................................................. 36 

ii 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

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LABOR AGREEMENT 

This collective bargaining agreement is entered into this _ day of March 2018 by and between 

Fontainebleau Florida Hotel, LLC, doing business as Fontainebleau Miami Beach (hereinafter tenned the 

"Employer") and UNITE HERE Local 355 (hereinafter termed the "Union") to be effective on July 1, 

2017, unless otherwise agreed. 

PREAMBLE 

WHEREAS, the Union represents all of the employees in the unit set forth below, and 

WHEREAS, both the Employer and the Union desire to establish general standards of wages, 

hours and working conditions, and 

WHEREAS, both the Employer and the Union desire to establish and ensure a peaceful, speedy, 

and orderly adjustment of differences and grievances which may from time to time arise between the 

parties, and 

WHEREAS, both the Employer and the Union desire to provide for the employees a meaningful, 

healthful, and profitable employment, 

WHEREAS, both the Employer and the Union are committed to providing the finest possible 

guest experience in terms of luxury service and a total quality guest experience environment, 

WHEREAS, all the parties to this CBA will continue to strive to foster improved teamwork, 

improved cooperation between employees, departments and managers so that the guest experience is 

enhanced and maximized, 

WHEREAS, both the Employer and the Union will seek to implement these ideals, and reach 

the above goals, through a unified approach to all problems solving and work tasks so that no guest 

need is denied, or impacted by the failure of a manager or employee to take ownership of a problem, 

ignore an opportunity to actively resolve guest service issues no matter how small or removed from that 

person's area of responsibility, 

WHEREAS, it is to the above ideals and standards that this contract is dedicated and must be 

interpreted by both parties so as to effectuate and implement these goals, and 

WHEREAS, both the Employer and the Union desire to contribute to the stability and economic 

progress of the community in which both reside, now therefore it is agreed as follows: 

ARTICLE 1- BARGAINING UNIT 

Section 1: The Employer recognizes the Union as the exclusive bargaining representative for 

employees employed at Fontainebleau Miami Beach in the depmtments and classifications as set f01th in 

Schedule A, but excluding all departments and classifications not listed in Schedule A as well as 

executives, department heads, managerial employees, security officers, International Hospitality 

Exchange Program students (IHEP), and all other supervisors as defined by the National Labor Relations 

Act. The Employer agrees to provide the Union with advance notice of the start and end dates for any 

new classes of IHEP students and shall not utilize more than 35 IHEP students at any time or bring in any 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 7 of 52
new classes of IHEP students if there are no open Commis 1 or Commis 2 positions. During the term of 

this Agreement, the Employer will endeavor to hire locally for any open bargaining unit positions with a 

goal of reducing or eliminating the number of IHEP students. 

Section 2: The Union and the Employer agree that supervisory personnel will not perform 

duties which are currently done by employees covered by the scope of this Agreement except in an 

emergency or on an occasional and necessary basis for the purpose of meeting a specific demand of 

service. Examples of such instances include, but are not limited to, unforeseen occurrences, instances 

of training, troubleshooting, a change in operational procedures, if unit employees are not readily 

available (until such time a unit employee is available). Under no circumstances would this have the 

purpose or effect of eliminating any scheduled position or hours. 

Section 3: Employees in the following departments and classifications shall be included in the 

bargaining unit and shall be covered by the CBA: 

Vida 

Bar Back 

Busser 

Host/Hostess 

Runner 

Server 

Service Bartender 

Cafe 54 (EDR) 

Busser/Runner 

Server/Busser 

In room Dining 

Order Taker/Cashier 

Server 

Busser 

Service Bartender 

I Private Bars 

Private Bar Attendant 

Catering Banquets 

Banquet Bar Back 

Banquet Bartender 

Banquet Cashier 

Banquet Porter 

Banquet Server 

Banquet Coffee Breaker 

Banquet Linen Attendant 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 8 of 52
Culinary 

Chef de Paiiie 

Commis 1 

Commis 2 

Stewarding 

Kitchen Worker 1 

Kitchen Worker 2 

Warehouse and Receiving 

Storeroom Clerk 

I Purchas;ng 

Mail Clerk 

I Commun;cat;ons 

Telephone Operator 

Front Service 

Baggage Handler 

Bell Captain 

Bell Dispatcher 

Bell person 

Doorperson 

Housekeeping 

Balcony Cleaner 

Drapery Attendant 

Houseperson 

Turndown Attendant 

Room Attendant 

Room Attendant - Condo 

Utility Po1ier 

Guest Service Response Attendant 

Wardrobe Attendant 

Seamstress 

Laund1y/Linen 

Laund1y Attendant 

Linen Attendant 

I Internal Maintenance 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 9 of 52
Night Cleaner 

Public Area Attendant 

Utility Porter 

Engineering 

Aquatic Engineer 

Carpenter I 

Electrician 1 

Electrician 2 

General Maintenance 

Kitchen Mechanic 1 

Kitchen Mechanic 2 

Laborer 

Mechanic I 

Mechanic 2 

Painter 1 

Painter 2 

Plumber 1 

Plumber 2 

Refrigeration/AC 1 

Refrigeration/AC 2 

Stationary Engineer I 

Stationary Engineer 2 

Storeroom Attendant 

Yardmen 

Section 4: Employees in the following food and beverage venues shall not be included in the 

bargaining unit, nor shall they be covered by the CBA: All cunent and future specialty restaurants, 

lounges, and Outdoor bars/restaurants, in all "front of house" job classifications, including but not limited 

to: 

• Host 

• Bartender 

• Bar Back 

• B usperson/Runner 

• Food Server/Gounnet 

• Beverage Server 

• Lead Beverage Server 

• Sommelier Tea/Wine 

• Apprentice Bartender/Bar Back 

For clarity, Vida is the only restaurant outlet where "Front of house" classifications are included in the 

bargaining unit. Employees in the Sous Chef, Chef de Cuisine, Artisan Baker Chef, Pastry A1tist, and 

Pastry Artist Chocolate job classifications shall not be included in the bargaining unit, nor shall they be 

covered by the CBA. 

ARTICLE 2- NO DISCRIMINATION 

There shall be no discrimination by the Employer or the Union against any employee on account 

of membership in or activity on behalf of or against the Union. In accordance with applicable laws, there 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 10 of 52
shall be no discrimination against any employee because of race, creed, color, national origin, sex, sexual 

orientation, gender identity, gender expression, or age in accordance with applicable Federal or State Law 

or local ordinance. The wage scales and all other conditions and benefits set forth herein shall apply 

equally to all persons, both male and female, employed under this contract. 

ARTICLE 3- UNION SECURITY & CHECK-OFF 

Section 1: Employees shall have the right to self-organization, form, join, or participate in the 

Union and to bargain collectively, through representatives of their own choosing. 

Section 2: The Employer shall deduct from salaries or wages of the employees covered hereby, 

the initial dues and monthly dues owing to the Union upon receipt from the employees of an authorization 

duly signed by the employee, requesting the Employer to make such deduction. When if such 

authorizations are signed and delivered to the Employer, the Employer shall make such deductions each 

month, unless said authorization is revoked in writing as provided for in the signed authorization card, 

and shall remit to the Union such monies thus collected before the tenth ( 10) day of the month succeeding 

the month for which the dues and fees are collected; or if such collection be made at the end of the month, 

then within ten (10) days from the date said collection is made. In the event an employee enters into any 

litigation with the Employer by reason of the operation of this Article, the Union shall assume the full 

responsibility for any judgment obtained by such employee against the Employer and the Union shall 

have the right to take over the defense of such action. 

Section 3: The Employer shall not enter into any individual agreement with an employee covered 

by this Agreement concerning the terms and conditions of employment which varies from the terms or 

conditions of this Agreement. 

Section 4: TIP Fund: The Employer agrees to deduct and transmit to the Treasurer of 

UNITE HERE TIP (To Insure Progress) Campaign Committee the amount of contribution specified for 

each payroll period or other designated period worked from the wages of those Employees who 

voluntarily authorize such contribution at least seven (7) days prior to the next scheduled pay period, on 

the form provided for that purpose by the UNITE HERE TIP Campaign Committee, unless said 

authorization is revoked. 

These transmittals shall occur no later than thirty (30) days following the month in which the 

deduction was made, and shall be accompanied by a list setting forth as to each contributing Employee 

his/her name, and social security number for each Employee for whom a deduction has been made and the 

amount deducted by the payroll or other designated period and contribution amount. The Employer shall 

send these transmittals and this list to: Treasurer, UNITE HERE TIP Campaign Committee, 275 Seventh 

Avenue, New York, NY 10001. 

ARTICLE 4- UNION VISITATION 

Section 1: Authorized representatives of the Union shall have admission to the premises of 

the Employer at all reasonable hours for the purposes of meeting with Employees concerning Union 

business such as wages, hours, and working conditions. However, such Union Representatives shall 

not engage or interfere with any employees during an employee's work time nor shall the 

Representative visit guest floors without the express authorization of management or unless 

accompanied by a designated Employer agent or manager. However, nothing in section shall prohibit 

the Union Representative from entering into areas such as the kitchens and/or housekeeping 

departments and/or public areas, but not guest floors, for the purpose of briefly announcing their 

presence on the property. Such visits shall not interfere with the conduct of the Employer's business 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 11 of 52
or with the performance of work by employees during their worktime. Nothing in this Section shall 

prohibit a Union Representative from exercising rights afforded by the National Labor Relations Act. 

Section 2: The representative shall make their presence known to the Employer or Security upon 

entering the premises and permission, therefore, shall not be unreasonably withheld. This provision is also 

applicable to any individuals accompanying the union representatives and upon the showing of 

appropriate identification. 

ARTICLE 5-- SHOP STEWARDS 

Section 1: The Union shall have the right to appoint shop stewards. The shop steward and/or 

union representative shall process grievances at all levels. The Union will notify the Employer of the 

names of all shop stewards and shall maintain with the Employer an up-to-date list thereof. 

Section 2: All grievance proceedings shall be held on non-working time, unless the Union and the 

Employer agree to the contrary. Shop stewards shall be required to fulfill their obligations to the 

Employer and perform their job duties as any other employee covered by the Agreement. Stewards shall 

have the right, at reasonable times, to discuss grievances with employees and representatives at no 

expense to the Employer. The exercise of this right shall in no way interfere with the performance of 

their duties as employees or the duties of other employees. 

ARTICLE 6- HIRING OF EMPLOYEES 

Section 1: The Employer shall be the sole and final judge as to the suitability of the applicant for 

the vacancy. Nothing herein shall be deemed to abridge the Employer's right at any and all times to 

determine whom it shall hire. 

Section 2: The Employer shall supply the Union, on a monthly basis a list of the names, 

addresses, social security number, and classification of all persons hired into bargaining unit within the 

past month. 

Section 3: Promotion and Transfer: The Employer will post vacant positions for (5) calendar days 

on the television sets inside and outside of Cafe 54 and on the bulletin board at the north employee 

entrance. The departments will make reasonable effotis to post job openings within their depaiiments as 

well (although any failure to post positions or update the postings within the departments shall not be 

grounds for a grievance or arbitration). Current employees wishing to fill vacant positions shall complete 

their applications via the career website within five (5) calendar days after the posting period has begun. 

If no application is received from a qualified employee within the bargaining unit, applications will then 

be considered from outside applicants. Within the bargaining unit, qualified applicants will be selected 

based upon such factors as past experience in a particular outlet or classification, skill, ability, and 

performance. Where such factors are equal, outlet classification seniority or classification seniority as 

described in Article 10, Section 2 within the department of the vacancy, followed by hotel seniority for 

applicants from outside the department of the vacancy, shall be the determining factor. Except where 

classification seniority applies, for the purposes of this section only, Culinmy and Stewarding shall be 

considered a department. 

In the event that a bargaining unit employee transfers to a new classification, pos1t10n or 

department, he/she shall have a thirty (30) day on-the-job training/trial period in order to qualify for the 

position. If at any time during such trial period the employee or the Employer determines that he/she 

should not continue performing such job, that employee, with notification to the Union, shall be returned 

to their former position. The employee so returned shall not suffer a loss of seniority or wages, although 

6 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 12 of 52
any employee hired to replace such employee in the prior position will be subject to layoff or return to 

their prior position. 

ARTICLE 7-PROBATION 

Section 1: All newly hired employees shall work a ninety (90) day probationary period, which 

ninety (90) days must be accrued during which time the Employer will review the employee's ability and 

demeanor and during which time the Employer may discharge said employee with or without cause and 

without right to review by the grievance and arbitration procedure. 

Section 2: Probationary employees are not eligible for leave of absence. 

Section 3: Probationary period may be extended by up to thirty (30) calendar days by the 

Employer with written notice to the Union if the employee has not worked 45 shifts in his/her first ninety 

(90) calendar days. 

ARTICLE 8- MANAGEMENT 

Section 1: The Employer retains the exclusive right to plan, determine, direct, and control the 

nature and extent of all of its kitchen, housekeeping, dining room, bar and allied operations, maintenance 

requirements, and all other departments and to install or introduce any new or improved production 

methods or facilities and to maintain efficient operations. The Employer retains its inherent right to direct 

and control its working force personnel and to determine the number of employees required. The 

Employer retains all rights and authority, except as specifically abridged, delegated, or modified by this 

collective bargaining agreement. 

Section 2: The Employer shall have the right to make such reasonable rules and regulations, and 

revise the same, as it may deem necessary and proper for the conduct of its business, provided, however, 

that such rules and regulations shall not be inconsistent with this Agreement. In accordance with the 

NLRA, the employer shall notify the union of proposed changes involving mandatory subjects of bargain 

under the National Labor Relations Act that are not addressed elsewhere in this agreement, and will give 

the union an adequate opportunity to bargain prior to implementation. Should no agreement be reached as 

a result of bargaining or in the absence of bargaining, the Union may timely contest the propriety of the 

Employer's rule through the grievance and arbitration process. The Company Handbook, as of June 26, 

2017, is incorporated by reference into this Collective Bargaining Agreement. 

ARTICLE 9- NO STRIKE I NO LOCKOUTS 

Section 1: Both the Union and the Employer recognize the service nature of the hotel business 

and the duty of the hotel operators to render continuous and hospitable service to the public in the way of 

lodging, food, and other necessary hotel accommodations. 

Section 2: Therefore, the Union agrees that it will not call, engage, participate, or sanction any 

strike, sympathy strike, stoppage of work, picketing of the hotel, sit-down, sit-in, boycott, refusal to 

handle merchandise, or any other interference with the conduct of the Employer's business, for any reason 

whatsoever; nor will it interfere with any guest or tenant at the hotel, while he is a guest or tenant 

occupying a room or space, who sells or exhibits nonunion- made merchandise or employs non-union 

help. 

Section 3: The Employer agrees it shall not lockout its employees or any part of its employees. 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 13 of 52
Section 4: Any such act by the Union, any bargaining unit employee, or the Employer shall be a 

violation of this Agreement, and the same, including any and all disputes in reference thereto, shall be 

submitted as any other dispute under this Agreement to arbitration. This provision, however, shall in no 

way limit either Party's ability to seek immediate injunctive relief from a court in the event of any breach 

or threatened breach of this A1iicle by the Union or any bargaining unit employee(s) or the Employer. 

Section 5: During the term of this Agreement there shall be no lockout, strike, or stoppage of any 

kind, pending the determination of any complaint of grievance and for a period of the ten (10) days after 

the rendition of the arbitrator's award and then only for the refusal of either party to abide by such 

arbitrator's award. 

ARTICLE 10- SENIORITY FOR EMPLOYEES 

Section 1: The seniority provisions hereinafter set forth shall have application only to all 

bargaining unit employees after the completion of the probationary period. 

Section 2: Seniority with the Employer shall be computed from the day an employee commences 

work. 

1) Hotel seniority shall be defined as an employee's last date of hire by the hotel in a position 

without a break in service resulting in a loss of seniority. 

2) Classification seniority shall be defined as an employee's last date of hire into his/her current 

classification where outlet classification seniority is not applicable. 

3) Outlet Classification seniority shall be defined as an employee's last date of hire as a Chef de 

Paiiie, Commis 1 or Commis 2 in the following outlets: Pastry, Butchery, Garde Manger, 

Banquets, Stripsteak by Michael Mina, Hakkasan, Scarpetta, Fresh, Pizza & Burger by Michael 

Mina, La Cote, and Blade and a combination outlet of Vida, and In Room Dining. 

Application of Seniority: 

a) Hotel seniority shall apply to benefits. 

b) Classification seniority shall apply to layoffs and recall. However, for culinary employees, Hotel 

seniority shall apply to layoffs and recall. 

c) Preference for shifts, days off, holidays, and vacations shall be by classification seniority, and 

outlet classification seniority where applicable, provided that, such preferences do not affect the 

best interest of the Employer as determined by reasonable exercise of its discretion. 

Section 3: Seniority shall continue to be considered unbroken when an employee cannot work 

while on a leave of absence for accident, illness, pregnancy related disability, induction into the Armed 

Forces of the United States of America, or such other conditions as authorized under FMLA, or when 

granted a personal leave of absence by the Employer, provided, however, such voluntary leaves shall not 

exceed a period of one (1) month. The Employer and Union may, however, for good cause, provide for 

extensions. 

Section 4: Employees may lose seniority for: 

a) Voluntary quit, or 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 14 of 52
b) Discharge for cause, or 

c) Failure to respond to recall notice mailed to last known address within one (1) week, 

or 

d) Lay-off for a period of over one (1) year or 

e) Absent for longer than 6 months due to illness not compensable under Florida 

Industrial Insurance Act, or 

t) Absent longer than authorized leave of absence. 

Section 5: When two employees are hired on the same date, seniority shall be determined by 

using the last four digits of the employee's valid Social Security number (highest number equates to most 

seniority). 

ARTICLE 11- LAYOFF 

Section 1: The Employer shall have the right during the slack periods of business to reduce the 

number of employees in the various classifications as it may deem appropriate in its best business 

judgment, provided the Employer observes all provisions of this Collective Bargaining Agreement. 

Section 2: The Hotel shall provide the Union with advance notice of a layoff within a reasonable 

time after it decides a layoff will occur and an opportunity to bargain about a potential layoff over issues 

such as selection of employees for the layoff and alternative procedures. Bargaining shall be expedited 

and commence immediately. If no agreement is reached within five (5) business days of receipt of the 

Hotel's notice, the Hotel can proceed with the layoff as originally proposed, unless otherwise mutually 

agreed. 

Section 3: A recall list shall be established that will include all employees laid off from 

employment. A laid-off employee shall have recall rights for one (1) year. Recall shall be accomplished in 

reverse order of layoff, by outlet classification, or classification seniority, whichever is applicable under 

Article 10, Section 2. Employees shall be notified of a recall by certified mail to the employees' last 

known address in English, Spanish and Creole. Employees on the recall list are responsible for updating 

their current addresses. The Hotel shall notify the Union of any recalls. An employee may be recalled to 

any position for which he/she is qualified, in the judgment of the Hotel. An employee may refuse recall to 

a position outside of his/her classification and will remain on the recall list until a position becomes 

available within his/her classification for up to one (1) year after his/her layoff. An employee who 

chooses to accept recall must accept recall within forty-eight hours (48 hours) from actual receipt or 

personal communication of the recall notice or five (5) calendar days, whichever is less, and must report 

to work no later than seven (7) calendar days from the date of receipt or notice, or waive all recall rights. 

An employee on layoff shall be automatically removed from the recall list l) upon non-response to a 

recall notice received or failure to timely report to work after accepting recall; 2) one (1) year following 

layoff; or 3) ifs/he accepts another position with the Hotel. 

ARTICLE 12- DISCIPLINE AND DISCHARGE 

Section 1: The Employer shall have the right to discipline or discharge for just cause. The words 

"just cause" as used in this Agreement shall include the following items: 

a) Drinking or being under the influence of alcoholic beverages or use of controlled substances 

during working hours. 

b) Insubordination. 

c) Dishonesty. 

d) Fighting on the premises. 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 15 of 52
e) Violation of any house rule or regulation. 

f) Insolence or lack of courtesy to the Employer or any guest of the Employer. 

g) Failure to perform the services required by the position held by the employee. 

h) Lack of proper personal appearance, sanitation, and cleanliness. 

i) Inefficiency. 

j) Physical condition which endangers the health of a guest, fellow employee, or the employee 

himself. 

k) Failure to report for work, except in the case of established illness, which must be verified by a 

medical certificate or satisfactory evidence. 

1) Destruction of hotel property. 

m) Workplace harassment. 

n) Violations of safety and security policies and procedures. 

The above-enumerated list is not all-inclusive and the Employer may discharge employees for other 

just causes. 

Section 2: A warning notice issued or other disciplinary action form shall become null and void 

one (1) year after the date of issuance and may not thereafter be used as a basis for or in support of any 

subsequent disciplinary action. Written discipline notices issued to employees must contain information 

and reasons for which the notice is issued. A copy shall be signed by a representative of the Employer and 

also by the employee. By signing said notice, the employee acknowledges receiving the disciplinary 

notice, but shall not be considered an admission of guilt. 

In order to afford employees due process and the Employer proper time to investigate, such 

discipline notices will be issued no later than six (6) days (excluding Saturdays, Sundays, and Holidays) 

from the day after the occurrence giving rise to the discipline. It is understood that the receipt of a 

"shopper's report" by the Employer constitutes an "occurrence giving rise to the discipline." If an 

employee is not scheduled to work during said six (6) day time period, the Employer will request from the 

Union a timeline extension and such timeline extension will not be unreasonably withheld or limited. 

Disciplinary notices issued to On-Call Banquet employees or other employees who are not at work for an 

extended period may be sent via e-mail with a copy sent to the Union, if the employee is not available to 

meet within the timeline. 

Section 3: All employees are expected to comply with the Employer's standards of behavior and 

performance. Any noncompliance with these standards may result in discipline. Under most 

circumstances, the Employer will apply a policy of progressive discipline in which it attempts to provide 

employees with notice of deficiencies and an opportunity to improve. The Employer retains the right to 

administer discipline that is appropriate to the violation in compliance with the just cause requirement of 

this Agreement. Progressive discipline is defined as: Verbal Warning, Written Warning, Final Written 

Warning, and Termination. Suspension pending investigation does not constitute discipline. Disciplinary 

suspensions from 5 to 10 days are an additional form of discipline and are not a mandatory part of 

progressive discipline. Disciplinary suspensions of ten (10) days are reserved for serious violations that 

could otherwise warrant termination. Once an employee completes the disciplinary suspension period, 

future violations will be treated according to the progressive discipline policy. All disciplinary 

suspensions must have written approval of Human Resources prior to administering to the employee. 

Section 4: Employees with less than three (3) years' service, and Bell Captains regardless of year 

of service, may be offered before, after or at the time during the grievance process two (2) months' pay 

including the higher of declared or assigned tips in lieu of processing a grievance and arbitrating the 

discharge. In the event the employee declines this offer when made by the Employer, the Union will not 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 16 of 52
arbitrate unless it objectively determines that, in its judgment, the discharge constituted a flagrant 

miscarriage of justice. 

ARTICLE 13-WAGES & CLASSIFICATIONS 

Section 1: The scale of wages to be paid by the Employer is as shown on the schedule attached 

and marked Schedule A. Schedule A shall be considered minimum wages for the categories covered 

there by, and nothing herein shall prevent the Employer from granting increases for superior 

workmanship, exceptional performance, or versatility after consultation with Union. The granting of such 

increases shall not affect the basic wage rate as specified in Schedule A. It is agreed that employees' 

compensation at higher rates may be returned to the scale published herein at the sole discretion of the 

Employer. 

Section 2: All employees' rates of pay shall be on an hourly basis and there shall be no guarantee 

of wages or pay other than on an hourly basis. The Employer will pay wages no less frequently than twice 

per month. 

Section 3: Employees may be required to perform work in more than one department or 

classification provided, however, that any employee performing work in more than one department or 

classification shall receive the rate of pay of the highest classification in which he is performing work 

during the period he is performing such work in more than one department or classification. Meal periods 

and relief periods not exceeding one hour in time are excepted from this provision. 

Section 4: Should any classification not listed in this Agreement be desired to be established 

during the term hereof, and said new classification falls within the jurisdiction of the Union, then the 

parties agree that they will, upon ten ( 10) days' written notice, meet to negotiate the rate to be paid. 

Section 5: Employees hired after the execution of the Agreement will be paid the new hire rate set 

forth in Schedule A. In the event the new hire wage increases during the employee's first year, he shall 

receive such increased new hire rate of pay. 

Section 6: 

a) No employee hired prior to the execution of this agreement shall receive a wage less than the 

new hire rate for his/her classification in Schedule A. 

b) All employees shall be advanced to the one (1) year and two (2) year rates in Schedule A on 

their one (1) year and two (2) year anniversary date, respectively. 

c) As of ratification of this Agreement, all employees who have reached their one (1) year or 

two (2) year anniversary date shall be advanced to the applicable one (1) year or two (2) year 

rate. No employee employed more than (1) year or two (2) years shall receive a wage less 

than the one (1) year or two (2) year rate, respectively. 

d) Effective July 1, 2018, the wage rate of employees with three or more years of service on that 

date shall be increased by $0.45 for non-tipped employees, and $0.20 for all tipped 

employees, except for banquet servers whose rate shall be increased by $0.10. Each July 1 of 

2019, 2020, and 2021, the wage rate of employees with three or more years of service on that 

date shall be increased by $0.50 for non-tipped employees, and $0.20 for all tipped 

employees, except for banquet servers whose rate shall be increased by $0. l 0. 

e) Wage rates in Schedule A for new hires, one (1) year, and two (2) years, shall each be 

increased for non-tipped and tipped employees by the same wage increase described in ( d) 

above for each year from 2018 through 2022. 

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f) An employee required by the Employer to act as a trainer will receive a premium of $0.45 per 

hour spent training each employee trained. 

g) Benefit Rate: Tipped employees earning less than nine dollars ($9.00) per hour shall be paid a 

minimum of nine dollars ($9.00) per hour for benefit hours, including sick days, holidays, 

mandatory meetings and vacations as of January 1, 2018. This rate shall be increased by 

$0.25 beginning January 1, 2019 and each January 1 of this Agreement. 

Section 7: Night Bellperson, Night In-Room Dining Servers, and Night Banquet Set- Up 

Attendants shall be paid $1.00 above the Day Bellperson, In-Room Dining Servers, and Banquet Set-Up 

Attendants. This Night Differential shall apply to those employees for whom the majority of hours 

worked falls between 11:00 p.m. and 7:00 a.m. 

Section 8: Within 90 days of ratification of the CBA, the Union and the Employer will meet to 

discuss the job duties of the Commis 1 and Commis 2. The parties agree to discuss any Commis 1 and 

Commis 2 employees who may be misclassified based on duties routinely perfo1med. Should an 

employee be mutually found to be misclassified, the employee will be appropriately reclassified. 

ARTICLE 14- HOURS & OVERTIME 

Section 1: Employees shall work an eight (8) hour day. The normal work week shall be forty ( 40) 

hours. The Employer shall maximize the forty ( 40) hour work week schedules by seniority within 

classification. This shall not constitute a guarantee of forty hours for all employees. 

Section 2: All employees shall be granted a one half (1/2) hour unpaid lunch. Employees who 

work twelve (12) hours or more due to overtime will be granted an additional fifteen (15) minutes unpaid 

break. 

Section 3: All work performed over fo1iy (40) hours in one week (12:01 A.M. Friday 

through 12:00 Midnight Thursday) shall be paid at time and one half. The employer has the right to 

schedule a reasonable amount of overtime according to Federal law. In the event of necessary overtime, 

it shall be offered by seniority within classification on a voluntary basis. For unexpected ove1iime of a 

shmi duration within a day (not more than 4 hours), overtime shall be offered first to those employees 

within the classification currently working the shift. If sufficient coverage is not available, additional 

overtime shall be offered by seniority within the classification on a voluntary basis to employees not 

currently working the shift. The method of outreach shall be mutually agreed upon by the Union and the 

Employer for each classification. In the event that there are not sufficient volunteers, the Employer shall 

require overtime by inverse seniority within classification. All employees who work overtime on a 

voluntary or involuntary basis must be qualified to perform available work. It is understood that the 

Employer will first offer additional shifts by seniority to employees within the classification who have not 

otherwise been scheduled for fo1iy ( 40) hours before offering additional shifts by seniority to employees 

who have been scheduled for forty ( 40) hours. 

Section 4: All work performed in a regular workweek (12:01 A.M. Friday through 12:00 

Midnight Thursday) on the sixth day shall be paid at time and one half. 

Section 5: All work performed in a regular workweek (12:01 A.M. Friday through 12:00 

Midnight Thursday) on the seventh day shall be paid double time. 

Section 6: All employees shall have two (2) regular, consecutive days of£ The Employer must 

give four (4) calendar days' notice of intent to change regular days off, except in emergencies. Regular, 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 18 of 52
consecutive days off shall only be changed due to a legitimate business need such as shortage of available 

hours or a shortage of available staff. Schedules shall be posted four ( 4) days in advance. 

Section 7: All persons scheduled to work and who report shall be guaranteed four ( 4) hour's pay; 

all persons scheduled to work and who commence work shall be guaranteed eight (8) hour's pay. 

Section 8: No overtime rate will be paid for time worked in the following classifications: banquet 

servers/coffee breakers, banquet bartenders, banquet bar back, Vida server, and In Room Dining server. 

Section 9: The hotel shall have the right to require short shifting of existing employees at a 

premium pay rate of$0.15 per hour over the contract rate. Short shifting will only be permitted under the 

following circumstances: 

a) Only in Food and Beverage Departments. 

b) Where the hours of operation are less than 8; where the hours of operation are less than 16 hours, 

there shall be one full shift and one short shift. 

c) Where staffing needs are reduced for the next meal period. 

d) A short shift shall be no less than 4 hours. 

e) Short shifting shall not affect seniority or full time regular employee status. 

f) Bell persons and Bartenders: In instances where the needs of the Hotel require an additional short 

shift during peak times, the least senior employee in the classification shall be required to take 

that shift instead of their regular shift if no other employee bids the shift. 

g) Short shifted employees shall have first option to return to a full time status. 

h) Voluntary Short Shifts: Voluntary short shifting shall be allowed provided that there is no abuse 

of the provision and that there is no retaliation directed at employees who refuse the short shift. 

i) Short shifted employees who work less than 25 hours in a week shall retain their full-time 

seniority status. 

Section 10: Split shifts will be permitted on an employee only voluntary basis, except in the 

Banquet Department. 

Section 11: Reasonable Request: It is agreed that no employee will refuse reasonable request to 

perform job duties except for health and safety reasons. 

Section 12: Combined Classifications: It was agreed that the following classifications would be 

combined as needed: Cashier/Host, Room Service Ordertaker/Cashier, and Busperson/ Runner. The 

Employer shall have the right to discuss with the Union, during the te1m of this Agreement, combining 

job classifications, and the Union agrees to discuss, and consider any job classification combination 

proposed by the Employer. 

Section 13: Provided that it does not violate another provision of this agreement, any employees 

transfelTing into a new bargaining unit position will be paid at the new hire rate for the new position. For 

the Culinary department, employees who make a lateral transfer to a similar position in a different outlet 

(i.e. from Chef de Partie in Vida to Chef de Partie in Cafe 54 or Scarpetta) shall remain at the same rate of 

pay and receive normal wage increases. Culinary employees who are promoted to a new position (i.e. 

from Commis I in Vida to Chef de Partie in Cafe 54) shall receive the rate of pay commensurate with 

years of service for the new classification. Similarly, Kitchen Workers who are promoted from KW2 to 

KWl shall receive the rate of pay commensurate with their years of service of the new classification. 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 19 of 52
Section 14: When business needs require the Employer to reduce the work schedule, it may 

request volunteers for a reduction in their work hours, in the presence of a Shop Steward or a Union 

Representative, and the volunteers will sign the appropriate volunteer form. 

Section 15: Voluntary Early Outs: Voluntary early outs shall be allowed and employees shall be 

paid for actual hours worked or four (4) hours, whichever is greater. In the event that an early out is the 

result of the exclusive request of an employee to leave, the employee will only be paid for hours worked. 

All voluntary early outs must be approved by management. The Employer may in slow periods ask for 

volunteers for early outs. The volunteers will sign the appropriate volunteer form. 

ARTICLE 15- VACA TIO NS 

Section 1: Each employee shall be entitled to receive one (1) week paid vacation upon the 

completion of one (I) year of continuous service; two (2) weeks paid vacation after the completion of two 

(2) years service, three (3) weeks paid vacation after the completion often (10) years service, and four ( 4) 

weeks paid vacation after the completion of fifteen (15) years service. 

Section 2: The pay for non-tipped employees for such week or weeks of vacation shall be at the 

normal rate of an employee, i.e., his hourly rate times his normal hours of work per week. The hourly rate 

for tipped employee for such week or weeks of vacation shall be the benefit rate or his normal rate, 

whichever is higher, times their normal hours of work per week. 

Section 3: Employees who have worked a minimum of one thousand two hundred eighty hours in 

their anniversary year shall be entitled to their vacation benefits. 

Section 4: Any employee with over one-year of seniority shall be eligible upon lay off for prorata vacation pay. The formula for the pro-rata vacation pay shall be the same percentage but not to 

exceed 100% of the employee's regular vacation as the number of working days by the employee in the 

year is one thousand two hundred eighty hours. 

Section 5: Any employee whose seniority is broken shall be treated as a newly hired employee for 

vacation purposes. 

Section 6: Employees shall receive vacation pay in the pay period preceding vacation, provided 

that the employee makes a proper and timely request. 

ARTICLE 16- HOLIDAY PAY 

Section 1: The following are paid holidays that will be paid at the benefit rate or the nonnal rate 

of pay, whichever is greater, for tipped employees. All others will be paid at the regular hourly rate. 

• New Year's Day (January 1) 

• Memorial Day (Last Monday in May) 

• Independence Day (July 4) 

• Labor Day (First Monday in September) 

• Thanksgiving Day (Fourth Thursday in November) 

• Christmas Day (December 25) 

Section 2: All employees, who have been employed ninety (90) days or more, shall be entitled to 

receive pay for holidays occurring after the 90 days. If the Employer is temporarily closed on any of the 

above named holidays the Employer shall name another holiday in lieu thereof. To be eligible for the 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 20 of 52
holiday, an employee shall be required to work the full scheduled day prior to and the full scheduled day 

following the holiday. If the holiday falls on the employee's scheduled day off or during his vacation 

period, the employee will receive holiday pay in lieu of time off for the holiday. If the employee is 

scheduled to work and calls-off on the holiday, he shall not be eligible for the holiday pay. Employees 

who are on approved paid leave shall be eligible for holiday pay. The Employer may, if the granting of 

time off for the holiday interferes with its business operation, elect to give the employee holiday pay in 

lieu of time off for the holiday. This will be kept at a minimum insofar as possible. 

ARTICLE 17- SERVICE CHARGES & INSPECTIONS 

Section 1: Effective the date of execution of this Agreement, there shall be added a twenty 

percent (20%) charge as a service charge for the room service server for all items ordered off the Room 

Service menu and all items off the In Room Amenities menu. Bussers shall receive one-and-one-half 

percent (1.5%), order takers shall receive one-and-one-half percent (1.5%), and servers shall receive 

(15%) fifteen percent. The delivery charge and gratuity will be listed separately on guest checks. The 

room service server must notify guests that the gratuity is already included in the check. Complimentary 

amenity to hotel guests will incur a delivery fee paid to employees of $3.00 per delivery. Delivery of 

water, soda, juice, or other packaged items for office staff consumption will not incur a delivery fee. 

Section 2: Upon request, the Vice-President of Human Resources shall supply the Union 

with appropriate employer records to check service charge, wages, hours, and other conditions of 

employment. To the extent practicable, BEOs shall be posted 24 hours in advance for each function and 

will include all relevant information including, but not limited to, the time, date, duration, and location of 

the function, prices, discounts, and service charge. 

Section 3: A 14.75% service charge shall be distributed among the servers, coffee breakers, 

bartenders, barbacks, and set-up porters as described below. Effective on January 1, 2019, this amount 

shall be increased to 14.875%, to 15% on January 1, 2021, and to 15.125% on January l, 2022. The 

breakdown of distribution is as follows: 

SERVERS/COFFEE BREAKERS 1 point 

BARTENDERS 213 point 

BARBA CK 113 point 

SET-UP PORTERS 1/4 point 

On January 1, 2019, the baiiender distri bu ti on shall be increased to 415 point. 

Upon ratification of this Agreement, Coffee Breakers will be added as a classification under the 

Agreement. All full-time Banquet Servers who are currently listed on the schedule as Coffee Breaks AM 

& PM will be grandfathered into the new classification. Such employees will not be required to apply for 

the Coffee Breaker position and will maintain current classification seniority dates in the new 

classification. Any employees added to the Coffee Breaker classification will be placed at the end of the 

coffee breaker classification seniority list. Coffee break duties shall be principally performed by the 

Coffee Breakers. If additional Coffee Breakers are needed after all available Coffee Breakers are 

scheduled, banquet servers may be scheduled. Banquet servers may also be scheduled for coffee break(s) 

when there are not sufficient other coffee breakers scheduled during the same time period. 

It is understood that, among employees, only the Union categories that are listed shall have a 

share in the service charge above. The above service charge shall be pooled and calculated weekly and 

paid out following each two week pay period. The service charge shall be divided by the hours worked 

15 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 21 of 52
(or a portion thereof, if applicable) for each employee times the point percentage for the applicable 

classification. 

When extra servers are needed to staff a Banquet function or a "pop-up" event (a function that 

had not been scheduled at the time the schedule was posted), the Hotel shall make every effort to notify 

employees twenty-four (24) hours prior to the event. Using the Hotline email, the Hotel shall first call 

upon Full-Time Banquet Servers, then Full-time Banquet Coffee Breakers, then Full-time Banquet 

Bartenders hired into their classification prior to January 1, 2018, then other Union classified front of the 

house Banquet personnel hired into their classification prior to January 1, 2018 who are not scheduled to 

work before scheduling on-call Banquet personnel, followed by employees from other classifications who 

are ce1tified through the cross-training program. In this case, qualified banquet personnel shall have 

priority before qualified employees from other departments. Any employee promoted to full-time 

banquet bar back, full-time bartender or full-time banquet cashier after January l, 2018 shall be dual 

classified as on-call servers for the purposes of picking up available server shifts, and shall be integrated 

into the on-call server seniority list based on their house seniority date. This dual classification shall not 

apply to promotions to full-time Server or Coffee Breaker. For Coffee Breaks, the Hotel shall first call 

Full-Time Coffee Breakers before calling Full-time Banquet Servers and then will follow the process 

above. Notification of the event will include a description of the event (breakfast, lunch, dinner, etc.). All 

full-time employees will be given a minimum often (10) minutes to respond before on-call employees are 

notified. Shifts will be awarded to those who make themselves available by the designated time and will 

then be awarded by classification seniority in the same manner as the weekly schedules. It is understood 

that employees must have the skills and ability to perform Banquet Server duties. Hospitality suite 

functions shall be handled in the same fashion as banquet functions. If business needs demand that 

Banquet employees be cut or called-off from a shift, those employees who picked up the shift using the 

Hotline will be called-off before those employees who were originally scheduled to work the shift by 

inverse classification seniority. 

In the event that the Hotel receives a "pop-up" event on the day of the event, the functions shall 

be offered to full-time employees currently on property and distributed by seniority before notifying oncall servers. 

It is understood that a banquet server/coffee breaker may be utilized as a "'greeter" for no more 

than thirty (30) minutes during any one function. 

Banquet Servers and Coffee Breakers may be scheduled for a minimum of three (3) hours. 

All shifts being given away by a full-time server/coffee breaker will be returned to the Employer 

by 9:00 a.m. Tuesday and redistributed via the Hotline Email in order of Seniority. 

Employees who call out for a shift are permitted to work their remaining scheduled shifts on the 

same day, but will still be counted as a missed shift under the Attendance policy (unless the employee 

uses their paid sick leave to cover the absence). 

Employees will not be allowed to give up shifts within their classifications in order to work 

outside of their classification on the same day. 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 22 of 52
Employees who work outside of their classification shall be paid according to the classification 

they are working for that shift, for both the hourly wage and the "tip point". 

Employees who give away a shift are not permitted to pick up the same shift again, but are 

permitted to pick up a shift in their classification at a different time in the same day. 

Section 4: House paid functions such as, but not limited to sales and promotion, or internal events 

shall be paid at a flat rate per server/coffee breaker/bmtender as follows: 

Breakfast $30 to $35 (beginning January 1, 2019) 

Lunch, passed receptions, and coffee break $30 to $35 (beginning January 1, 2019) 

Heavy reception $55 

Dinner $65 to $70 (beginning January 1, 2019) 

Offices $30 to $35 (a.m. & p.m. beginning January 1, 

2019) 

All flat rate amounts shall be placed in the pool, calculated weekly, and paid out following each 

two week period, based on hours worked (or a portion thereof, if applicable) using the point system in 

Section 3 above. 

Section 5: The Passover rate shall be applied per the table below. During Passover, employees 

will only work breakfast and lunch or lunch and dinner. Triple shifts are on a voluntary basis only. This 

money is pooled for those employees who work the Passover program. The following rates are not 

inclusive of hourly wages: 

2018 $24.50 

2019 $25.00 

2020 $25.50 

2021 $26.00 

2022 $26.25 

Section 6: Service Fees. It is understood that the Hotel at times collects additional fees for 

Banquet functions. In the event additional fees are collected from a group, the following percentage of 

said fees will be placed in the tip pool: 

Additional Bartender fee: 

Additional Server/coffee breaker fee: 

Double set-up fee 

Excessive Clean-Up fee 

50% 

50% 

50% 

50% 

Section 7: An on-call banquet server must be available for 50% of the shifts available in a six (6) 

month period or forfeit the right to be an on-call server, unless the Employer has approved a written 

request by the employee for a block of time that the employee will not be available. 

Section 8: Once the Employer has exhausted all qualified employees covered by the CBA, in 

accordance with the company's training program for Banquets, the hotel will have the right to go to 

outside sources to work said events. 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 23 of 52
Section 9: In the event of a banquet involving ethnic cuisine that falls outside of the expertise of 

the current staff, the Employer reserves the right to utilize outside professional personnel to oversee the 

culinary function. The Company shall make its best efforts not to displace any culinary employees. 

Section 10: Set up: Hours worked by set-up personnel where there is a BEO with no associated 

revenue shall be paid at a $10.00 per hour per p01ier premium directly to the portion of the service charge 

pool for porters. Such hours will not be included in the pool for servers, bar backs, and bartenders. 

Section 11: Banquets Cash Sales/New Years 

1) Cash and Carry - This covers the sale of retail items, including but not limited to: coffee 

cart products, snacks, sandwiches, breakfast and/or lunch items. Banquet employees who 

volunteer for Cash and Carry shall be paid $15.00 per hour, plus base rate for all Cash and 

Carry hours worked, but will not be included in the service charge pool. If within five (5) 

days of an event, insufficient volunteers (full time and on call) have been obtained to cover 

the Cash and Carry shifts the Hotel requires, Cash and Carry shift assignments will become 

mandatory based on reverse order of the full time seniority (on a rotating basis) and 

employees so assigned on a mandatory basis shall be paid $10.00/hour, plus their base rate 

for all Cash and Carry hours worked. Any guest added gratuity for Cash and Carry sales shall 

be pooled among, and paid to, the servers working the function/event. Cash and Carry hours 

worked will not be included in the service charge pool. 

2) Restaurant Cash Sales - This covers banquet servers/coffee breakers who work events such 

as, but not limited to breakfast, lunch or dinner buffets and Holiday cash meals, excluding 

New Year's Eve (which is covered below). Banquet servers/coffee breakers who volunteer for 

restaurant cash sales will be paid at the rate of $10.00/hour per server/coffee breaker and 

18% of Food and Beverage sales to the server(s)/coffee breaker(s) who worked the shift, as 

such percentages are typically calculated and applied, but not as part of the tip pool. If within 

five (5) days of the event the Hotel has not filled the restaurant cash sales shifts it requires 

with volunteers, the Hotel will schedule banquet servers/coffee breakers to work the shifts it 

requires on a mandatory basis based on reverse order of full time seniority (on a rotating 

basis). Such employees will be paid $10.00/hour per server plus their base rate and 18% of 

Food and Beverage sales to the server who worked the shift on a mandatory basis. Payments 

to servers/coffee breakers scheduled on a mandatory basis will be part of tip pool. Any guest 

added gratuity for restaurant cash sales shall be pooled among, and paid to, the servers/coffee 

breakers working the function/event. 

3) Banquet Cash Bars - Any guest added gratuity for banquet cash bar sales shall be pooled 

among, and paid to, the Baiienders working the function/event. 

4) New Year's Eve 

New Year's Eve is considered from 6:00 pm December 31st until 6:00 am January 1st (for Set Up 

Porters and Linen Attendants the hours are from 6:00 am December 31st until 6:00 am January 

1st). Banquet employee who work during these hours on functions NOT associated with Hotel 

Sponsored Special Event(s) (e.g. a wedding or private gala), will be paid their portion of the 

regular weekly banquet tip pool plus the rates shown below: 

Servers/Coffee Breakers 

Bartenders 

Bar backs 

Set Up Porters/Linen Attendants 

Cashiers 

18 

$50 per hour 

$40 per hour 

$20 per hour 

$15 per hour 

$25 per hour 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 24 of 52
Those Banquet employees who work during the hours above on functions associated with the 

Hotel Sponsored Special Event(s) (e.g. the outside NYE party or an inside event put on by the Hotel, such 

as a black-tie dinner party) will be paid the hourly rate set f01th above, plus will be included in a separate 

tip pool on an 18% Service Charge for the Hotel Sponsored Special Event(s) only and those hours will 

not be included for regular weekly banquet tip pool. 

Section 12: The bell person gratuity for all group tours and pre-arranged group movements will 

be $12.00 per person in and out. These rates shall be increased to $13.00 on January 1, 2019 and $14.00 

on January 1, 2021. The Hotel shall make reasonable efforts to negotiate porterage. If a group customer 

does not agree to provide porterage, then the contract shall provide that it shall be the obligation of the 

customer to notify arriving members of the group that porterage is not being provided and that arriving 

guests utilizing the bell department for baggage handlings shall be on a gratuity basis. Where no such 

porterage has been agreed to for group tours or pre-arranged movements, bell staff shall be paid $2.50 per 

room for all groups with organized group movements (i.e., motor coach, shuttles, mini-bus, fleets of 

limousines or sedans). For all other groups where no porterage has been agreed to, bell staff shall be paid 

$1.00 per room. 

The distribution of information and marking materials to guest rooms for clients and guests shall 

be done by bell person help, as business conditions dictate, or except in case of emergency or client 

request. 

Closed door and open door distributions to rooms by bell staff shall be paid as follows: 

Hotel Delivery Fees Charged to House Account 

In Room $3.00 Outside or under door $1.75 

Hotel Delivery Fees Charges to Convention Master Account 

Per guest for Up to 3 Items $4.00 ($1.00 for each additional item) for 

contracts entered after ratification and 

$4.50 effective January 1, 2019 

Outside or Under Door $2.50 and $3.25 effective I 

January 1, 2019 

Luggage Delivery: 2017 2019 2021 

Leisure Guest not $5.00 $5.25 $5.50 

Present 

Room Change: 2017 2019 2021 

Hotel Request $4.25 $4.50 $4.75 

Newspaper $0.50 per room (to be 

paid to employees who 

make these deliveries) 

Deliveries to Hotel Personnel Staying at Hotel 

Outside the Door $1.00 

Inside the Room $1.50 

Multiple Items (collectively) $2.00 

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Section 13: The service charge at VIDA shall be eighteen percent (18% ). Five percent ( 5%) of 

liquor sales shall be distributed to the Bartenders. The difference between this and eighteen percent (18%) 

is distributed as set forth below: 

• Bussers 29% 

• Hostess 3% 

• Servers 68% 

Any additional non-cash gratuity above the service charge paid on the bill will be paid as follows: 

17% shall be paid to the busser pool. The remaining additional gratuity will be paid to the individual 

server who serviced the table. 

Section 14: Private Bar: The commission percentage distributed to the Private Bar Attendants is 

3.13% for each item purchased. Effective January 1, 2018, the commission percentage will be increased 

to 3.25%. This amount will be increased by .125% on January 1, 2020 and January 1, 2022. 

ARTICLE 18- BEREAVEMENT PAY 

Section 1: Employees who wish to take time off due to the death of an immediate family member 

should notify their manager immediately. "Immediate family" is defined as the employee's spouse, 

domestic partner, parent, step-parent, grandparents, brother or sister, step-brother, step-sister, child, 

grandchild, child's spouse, employee's spouse's or domestic partner's parent, grandparent, child, or sibling. 

The Employer may ask for verification in writing. 

Up to three (3) consecutive scheduled days of work will be provided to employees. Excluding oncall employees, Bereavement Pay will be paid if the employee misses already scheduled days of work. 

On-call employees will be granted up to three (3) consecutive scheduled days of work without pay. 

Bereavement leave does not count as hours worked in the overtime calculation. 

Section 2: In the event of a death of an immediate family member that requires travel 

outside of Florida, the employee shall upon request be entitled to up to five (5) regularly scheduled 

working days off, of which three (3) shall be paid and up to two (2) unpaid. In the event ofa death which 

requires the employee to travel outside of the United States, the employee shall upon request be entitled to 

up to ten (10) regularly scheduled working days off, of which three (3) shall be paid and up to seven (7) 

unpaid. 

ARTICLE 19- JURY PAY 

Any regular employee who is required to serve on a jury of any type on normal work days when 

scheduled to work shall be paid by the Employer the difference between the jury fee paid said employee 

for such jury duty and the employee's regular wage per day, for up to a total of seven days that the 

employee shall serve on such jury. 

ARTICLE 20- MEALS 

Employees will be provided with one wholesome meal per shift with proper variation and with 

sanitary and adequate facilities for eating including table and seats. 

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Ex. A to Local 355 Counter Claim (D.E. #17-1)

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ARTICLE 21- UNIFORMS 

Section 1: Whenever the Employer requires employees to wear special unifonns such uniforms 

shall be supplied and laundered at the expense of the Employer. 

Section 2: Where practicable, proper attire and/or all requirement to protect employee's health 

regarding working conditions under extreme heat or cold shall be provided by the Employer. 

ARTICLE 22- LOCKERS AND SANITATION 

Section 1: The Employer shall maintain strict observance of all sanitation and health laws insofar 

as they affect the working conditions of employees. Sanitary dressing and changing rooms shall be made 

available to all full-time uniformed employees. 

Section 2: The parties recognize that lockers and garment bags supplied by the Hotel are the 

property of the Hotel and inappropriate materials such as, but not limited to, weapons of any type, 

alcoholic beverages, unauthorized or illegal drugs, literature which is potentially offensive to certain 

religions, ethnic, or racial groups and any Hotel items which are not the property of the employees, etc., 

shall not be permitted in the employee locker or garment bag. 

Section 3: Lockers and garment bags may be opened and searched at the Hotel's sole discretion, 

provided further than any locker or garment bag so opened is done in the presence of security, union 

steward or union employee, or management. 

ARTICLE 23- UNION PINS 

The Hotel acknowledges that under the National Labor Relations Act, as amended, employees 

have certain rights to wear buttons while at work. Notwithstanding this, in recognition of the Hotel's goal 

of achieving a luxury recognition status, the parties agree that employees will not wear buttons, but may 

wear pins as follows: Employees may at all times wear a Union pin of reasonable size provided they do 

not block or interfere with badges required by the Hotel to be worn by employees and meet the standard 

below. (Such I.D. badges at the Hotel's discretion may include the name of each employee as well as a 

designated number). Union pins will be an up-scale, silver tie tack style and approved in advance by the 

Hotel. 

ARTICLE 24 - BULLETIN BOARD 

Bulletin boards shall be provided on which the Union may post official Union notices. One such 

bulletin board shall be positioned outside the entrance to Cafe 54. 

ARTICLE 25-TRAINING PROGRAMS 

Section 1: Mandatory employee training, education programs, and/or departmental meetings are 

an essential aspect of human resources management - new employees need to learn how to perform their 

jobs and current employees may need to improve their perfo1mance or want to prepare themselves for 

higher level jobs. Training hours for tipped employees (servers, bartenders, bell staff, doorman, etc.) will 

be paid at the benefit rate or their regular rate, whichever is greater, per hour for training time. Non-tipped 

employees will be paid at their regular rate of pay. 

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Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 27 of 52
Section 2: All employees attending training on a regular day off shall receive a minimum of four 

(4) hours pay. Failure to attend mandatory trainings may result in disciplinary action according to the 

Attendance Policy so long as the training has been scheduled according to Article 14, Section 6. An 

employee will be granted a leave of absence without pay and benefits for a period of up to one year in 

order to participate in Union-sponsored training programs. Requests for such leave of absence will not be 

umeasonably denied. An employee who participates in a Union sponsored training program shall 

maintain his/her seniority. 

Section 3: The Union and the Hotel mutually agree to establish a cross-training program for the 

purpose of allowing employees to enhance their skills and experience and for the purpose of offering 

additional opportunities to employees. The parties agree that the cross-training program is not for the 

purpose of creating a "utility-like" classification. In order to get a cross-training program stai1ed, the 

parties agree to initially cross-train employees in the Banquet Department. Thereafter, by mutual 

agreement, the Union and the Hotel may extend the cross-training program to additional depai1ments. 

The cross-training program will work as follows: 

• 

• 

• 

• 

• 

• 

• 

• 

Market cross-training program and gather a list of employees who are interested in working extra 

hours for the Banquet Department. 

Once a cross-training list is determined, the department will lead a training program for those 

interested and qualified employee. Employees participating in such training shall be paid at the 

"training rate". Not all employees will qualify; qualifications will be determined by the 

department providing the cross training/lateral service. 

Employees should have completed at least 3 months in their current position . 

Employees must notify their depai1ment managers that they have signed up for cross 

training/lateral service. 

Employees must complete a position certification held by the department's trainers . 

After successful completion of the position certification program, employees will be placed on a 

departmental list to be called if extra help is needed. Employees will be called in order of their 

seniority, provided that employees regularly scheduled for less than 40 hours will have first 

preference (in order of seniority). Employees may only cross-train outside of their regularly 

scheduled work week. 

The borrowing department will pay the rate of the borrowing department and any overtime 

incurred by the employee. The employee's current home department will have priority over 

scheduling. Therefore, the lateral service department schedule cannot conflict with that of the 

home department. 

An employee who violates a company standard while working in the lateral service depat1ment 

will be subject to disciplinary action based on their current disciplinary status. 

All hours worked as pat1 of the cross-training program will apply to hours required to qualify for benefits. 

ARTICLE 26- GRIEVANCE AND ARBITRATION 

Section I: Any grievance other than a discharge case shall be processed in the following manner 

and every eff011 shall be made by the parties to secure the prompt disposition thereof. 

Step I: Grievances shall be discussed by the affected employee and shop steward or union 

representative with the affected employee's immediate supervisor provided said grievance is 

presented within seven (7) calendar days from the date of occurrence giving rise to the grievance. 

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Step 2: Should no satisfactory settlement be made of the grievance at Step 1, the union 

representative may appeal the grievance to the department head or his/her designee within the 

department. Such appeal must be made in writing on the Union Grievance Form to the extent 

practicable (but the grievance shall thereafter be reduced to a form within 48 hours) within seven 

(7) calendar days of the presentation of the grievance to the immediate supervisor. 

Step 3: Should no satisfactory settlement be made of the grievance in Step 2, the union 

representative may appeal the grievance to the Hotel labor relations representative or his/her 

designee. Such appeal must be in writing on the Union Grievance Form within seven (7) calendar 

days of the presentation of the grievance to the department head. 

Arbitration: Should no satisfactory settlement be made of the grievance at Step 3, the union 

representative may appeal the grievance to arbitration. Such appeal must be served in writing by 

certified mail within fourteen (14) calendar days of the presentation of the grievance to the Vice 

President of Human Resources or his/her designee. Arbitrations must be filed within thirty (30) 

days of the completion of the grievance procedure. 

Section 2: Any grievance over a discharge shall be filed in writing within seven (7) calendar days 

of the discharge at Step 2, but any meeting on a discharge grievance shall be held in Human Resources 

with the Division Head present. 

Section 3: Any dispute appealed to Arbitration shall proceed in the following manner: 

a. may be submitted to final and binding arbitration. A seven-name panel of available 

arbitrators shall be requested from the Federal Mediation and Conciliation Service; 

b. A representative of the Union and a representative of Management will then agree on 

a single arbitrator from the FMCS supplied list to hear and determine the matter; 

c. In the event the representatives are unable to agree on the selection of an arbitrator 

from this list, then the representatives will, by lot, determine who goes first and will 

proceed in an alternative manner to strike names from the list with the final name 

remaining to be selected as the arbitrator; 

d. The selected arbitrator will then be engaged. 

Section 4: As promptly as possible after the arbitrator has been selected, he/she shall conduct a 

hearing between the parties and consider the subject matter of the dispute. The arbitrator shall render a 

decision not later than thirty (30) calendar days from the date of the hearing and such decision will be 

served on the Employer and the Union in writing and will be final and binding on both parties. 

Section 5: The Employer may introduce into evidence at arbitration copies of written guest 

complaints (redacted to protect guest identifying information only) that have previously been provided to 

the Union, if requested. 

Section 6: The arbitrator may render an ex parte default award. Both parties agree that a judgment 

may be entered enforcing any award rendered as above in the courts of the State of Florida or in the 

United States District Court having jurisdiction over the sites of the principal office of the Employer. 

Section 7: The arbitrator shall have jurisdiction and authority to apply, interpret, and determine 

compliance with the terms of this Agreement, but may not add to, deviate from, detract from, or alter in 

23 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 29 of 52
any way the provisions of this Agreement. The decision of the arbitrator shall be confined to the matter 

submitted to him for arbitration. 

Section 8: The expenses and fees of the arbitrator, court, reports, transcripts, and room facilities 

for the arbitration, if any, shall be shared equally by the parties. Each party shall make aJTangements for 

and pay the witnesses who are called by them. 

Section 9: The time limits specified in this Article may be extended by mutual agreement in 

writing. 

Section 10: Notwithstanding the provisions of this Article, the parties are free to mutually agree 

upon a manner, other than arbitration, in which they dispose of any grievance. 

Section 11: The arbitration procedure described herein may be instituted only by either the union 

or the Employer and by no other person, party, or entity. 

Section 12: The arbitration herein described shall proceed to completion upon the merits unless 

the paiiy objecting hereto obtains a court order stating such arbitration. 

ARTICLE 27- PENSION BENEFIT 

Section 1: The Employer shall contribute to the Hotel Industry Pension Fund the following rates: 

June 1, 2018 June 1, 2019 June 1, 2020 June 1, 2021 June 1, 2022 

$71.72 $74.99 $78.41 $81.98 $85.72 

The Employer shall pay this contribution as set forth above for each employee covered by this 

Agreement and transmit this sum each month to said Fund to provide prevailing pension benefits no later 

than the 10th day of the following month, together with the names, social security numbers, and gross 

wages earned by the employees for whom payments were made upon forms required by the Fund. 

Section 2: The Employer's contributions to the Fund shall be limited as hereinabove specified. 

Section 3: The Employer shall, upon request, be furnished with copies of the regular registration 

and audit repo1is, and booklets describing the plan of benefits. 

Section 4: In the event that any future legislation be enacted, there shall be no duplication or 

cumulation of coverage, and the parties shall negotiate such changes as may be required by law. 

Section 5: The Employer further agrees to make available to the Fund all records of employees 

hired, classification of employees, names, ages, social security numbers, and wages paid which the said 

Fund may require for its sound and efficient operation. 

Section 6: In the event the Employer shall become in arrears in payment to the Fund, as outline 

above, for a period of one month (1) or more, the Employer shall then pay to the Fund the sum of 6% 

interest, per annum, on all arrearages due to the Fund. Furthermore, in the event the Fund must resmi to 

legal action for arrearage collections, then the Employer shall be responsible for all costs including legal 

fees and 6% interest for the necessary expenditures involved in the collection of said arrearage payments. 

24 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 30 of 52
Section 7: For the limited purpose of this Article the Union may be considered as a contributing 

Employer and officials and employees of the Union and of the Fund may be considered as employees on 

behalf of whom contributions may be made to said Fund. 

Section 8: The Employer shall make contributions for employees on paid vacation and holidays. 

Section 9: Notwithstanding anything contained in the Article to the contrary, the Employer's 

obligation to make the contributions under this Article ceases if the Fund fails to be qualified under 

Section 4.01 and 5.01 of the Internal Revenue Code. The Union represents that the Fund currently 

qualifies under Section 4.01 and 5.01 of the Internal Revenue Code and complies in all material respects 

with the provisions of ERISA. The Union further represents that there has been timely filing on behalf of 

the Fund of all appropriate reports and all information material with the IRS, the Department of Labor and 

the Pension Benefit Guaranty Corporation. 

Section 10: In the event that the Fund goes into "critical and declining" status at any time during 

the te1m of this Agreement, the parties agree to immediately re-open this contract as to this Article only 

and the Company may at that time withdraw from the Pension should the parties reach mutual agreement 

regarding retirement benefits. 

Section 11: NATIONAL PLUS PLAN (401K) 

The Employer shall become a participating Employer in the National Plus Plan (hereinafter 

called the "Plan") effective January 1, 2018. The Employer agrees to be bound by the Plan's Agreement 

and Declaration of Trust as may be amended from time to time. The Employer further agrees and 

consents to the Employer-designated Trustees of the said Plan to serve as such in accordance with the 

aforesaid Agreement and Declaration of Trust. 

The Employer agrees to forward to the Plan on behalf of each participating employee covered 

by the Collective Bargaining Agreement, before the tenth ( l01h) of each month, for all payroll weeks 

ending in the prior calendar month, employee contributions made in accordance with the following 

language. 

Each participating employee may contribute to the Plan through payroll deduction and such 

deductions will be made based on percentage of pay. 

All contributions shall be made payable to the National Plus Plan and shall be remitted to the 

office of the Plan. 

The Employer shall submit monthly, a list showing the names and Social Security numbers of all 

contributing employees, the amount of employee contributions, and the resulting contributions due (the 

"Contribution Report"). 

The Trustees may at any time have an audit made of the Employer's payroll and wage records and 

other relevant financial records of the Employer in connection with the said contributions and/or reports. 

In addition to any other remedies to which the Union or the Plan may be entitled, if the 

Employer (a) is in default in its contributions for one or more months; (b) is delinquent in submitting 

a Contribution Report to the Plan for one or more months; (c) refuses to permit the Plan to conduct 

an audit; or (d) is shown by an audit to owe contributions and/or Contribution Reports to the Plan, it 

shall pay to the Plan any unreported or delinquent contributions plus interest, retroactive to the due 

date, at a rate fixed by the Trustees. In addition, if the Plan commences an action to enforce its rights 

25 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 31 of 52
to collect contributions, obtain Contribution Reports, and/or conduct an audit, the Employer shall 

pay, in addition to the amounts set forth above, the greater of 20% liquidated damages on any 

unreported or delinquent contributions or double interest, and all expenses associated with collecting 

any unreported or delinquent contributions or delinquent Contribution Reports or enforcing the Plan's 

right to conduct an audit, including, but not limited to costs and legal fees. 

The Employer shall provide to the Plan, on a timely basis, information the Plan reasonably 

requests for the purpose of conducting non-discrimination testing for the Plan. 

ARTICLE 28- HEALTH BENEFITS 

Section 1: The Total Health and Welfare (including Dental and Administration) 

contributions rate is $645.47 and shall increase to $753.16 as of October 1, 2017. Contributions shall be 

increased by 9% on July 1 of each subsequent year of this Agreement. 

The Employer shall pay the contribution as set forth above for each eligible employee covered by 

this Agreement and transmit this sum each month to said Fund no later than the 10th day of the following 

month, together with the names, social security numbers, and total hours paid for the employees for 

whom payments were made upon forms required by the Fund. 

Should the Fund offer any optional benefits, such optional benefits shall be fully paid by 

participating employees by means of an authorized payroll deduction fo1m signed by the employee. 

Section 2: The Employer's contributions to the Fund shall be limited as hereinabove specified. 

The requirements of the Fund with respect to when participant contributions begin and end shall not be 

changed during the term of this Agreement. 

Section 3: The Employer shall, upon request, be furnished with copies of audit reports and 

booklets describing the plan of the benefits (Summary Plan Descriptions). The Employer shall further be 

furnished with monthly reports (via email) from the Fund with the names of newly enrolled employees, 

employees who have dropped coverage in the prior month, and employees who have signed a form 

declining enrollment in the Fund. 

Section 4: In the event that any future legislation be enacted, there shall be no duplication or 

cumulation of coverage, and the parties shall negotiate such changes as may be required by law. 

Section 5: The Employer further agrees to make available to the Fund all records of employees 

hired, classification of employees, names, ages, social security numbers, and hours paid which the said 

Fund may require for its sound and efficient operation. 

Section 6: In the event the Employer shall become in arrears in payment to the Fund, as outline 

above, for a period of one (1) month, or more the Employer shall then pay to the Fund the sum of 6% 

interest, per annum, on all arrearages due to the Fund. Furthermore, in the event the Fund must resort to 

legal action for arrearage collections, then the Employer shall be responsible for all costs including legal 

fees and 6% interest for the necessary expenditures involved in the collection of said arrearage payments. 

Section 7: For the limited purpose of this A1ticle, the Union may be considered as a contributing 

Employer and officials and employees of the Union and of the Fund may be considered as employees on 

behalf of whom contributions may be made to said Fund. 

Section 8: The Employer shall make contributions for employees on paid vacation and holidays. 

26 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 32 of 52
Section 9: Notwithstanding anything contained in the Article to the contrary, the Employer's 

obligation to make the contributions under this Article ceases if the Fund fails to be tax exempt under 

Section 5.01 of the Internal Revenue Code. The Union represents that the Fund is tax exempt under 

Section 5.01 of the Internal Revenue Code and complies in all material respects with the provisions of 

ERISA and that there has been timely filing on behalf of the Fund of appropriate reports and all 

informational material with the IRS and the Department of Labor. 

Section 10: The Employer shall contribute on all Full Time employees following sixty (60) days 

of continuous employment. The Company will be relieved of making any further payments to the Fund 

following six (6) months of employment (for which at least four (4) months of contributions have been 

made), on the first day of the following month, if the employee has not enrolled based on enrollment 

information provided monthly by the Fund, until such time as the Fund indicates that the employee has 

signed an enrollment f01m. Further, the Employer will be relieved of making any further contributions to 

the Fund for any employee upon the execution by that employee of a form declining enrollment in the 

Fund, on the first day of the following month, until such time as the Fund indicates that the employee has 

signed an enrollment form. 

Eligibility for insurance for Full Time employees shall be based on quarterly paid hours. 

Quarterly eligibility shall be 350 hours except for July, August, and September in which the quarterly 

eligibility shall be 300 hours. On-call employees and regular Part-time employees shall not be eligible for 

coverage, unless they meet the requisite hours set forth above. On-call and part-time employees who meet 

the requisite hours shall be informed by the Employer that they are eligible to enroll for insurance with 

the Fund. 

An employee who fails to meet the eligibility requirements in a given quaiter shall be notified in 

writing by the Employer and shall be afforded a second opportunity to reach the eligibility requirement in 

the following quarter. Should the employee meet the eligibility requirements in the following quatter, the 

Employer will continue to make monthly contributions for that employee. In the event that an employee 

fails to meet the eligibility requirements in two consecutive quarters, the employee shall be notified in 

writing by the Employer and the Employer shall be relieved from making monthly contributions for that 

employee until such time that the employee meets the eligibility requirement in a subsequent qua1ter at 

which point the employee shall again begin making the specified monthly contributions for that 

employee. 

ARTICLE 29- SUCCESSOR CLAUSE 

Section 1: The Employer may lease, sublease and/or contract out laundry services to outside 

operators in which the Employer has no ownership interest. Current bargaining unit laundry employees 

shall be offered employment in other bargaining unit positions for which they are qualified. Any new 

lease, sublease and/or contract with outside operators for bargaining unit food and beverage work, food 

and beverage outlets and food and beverage operations beyond that permitted herein shall be subject to 

renegotiations and mutual agreement with the Union. 

Section 2: The parties agree that in the event of a sale, assignment, or lease, the Employer shall be 

obligated to pay for and/or transfer to the buyer, successor, or assignee, all wages and accrued holiday and 

vacation benefits due to the employees up to the date of sale, assignment, or lease. If an employee does 

not become eligible for benefits accrued, the seller shall receive credit for said sums from the buyer. 

Section 3: Effective upon ratification, in the event that the Employer sells, transfers, or assigns all 

or part of its right, title, or interest in the operation covered by this Agreement or substantially all of the 

27 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 33 of 52
assets used in such operation, or in the event there is a change in the ownership of the Hotel that impacts 

bargaining unit employees, the Employer shall give the Union reasonable advance notice in writing. The 

Employer further agrees that as a condition to any such sale, assignment or transfer, it will obtain from 

any successor a written promise that the successor shall hire a majority of the Hotel's employees 

represented by the Union (subject to changes in the level of staffing) and will recognize the Union as the 

collective bargaining representative for the employees in that position represented by the Union, and 

furnish a copy thereof to the Union, in which event, the Employer shall be relieved of its obligations 

hereunder to the extent that it has transferred its right, title, or interest. This provision shall expire on the 

date of the expiration of this Agreement. 

ARTICLE 30- RELIEF APPEALS 

Whenever it shall appear to an Arbitrator appointed under this Agreement that the factual 

situation with respect to the Fontainebleau Miami Beach is such that the wage and hour scales provided in 

this Agreement will work unusual hardship on such hotel, and affect adversely the interest of the workers 

therein, such wage and hour scales may be modified, in such hotel, to the extent approved by the 

Arbitrator. 

ARTICLE 31- PAID SICK LEAVE 

All full-time employees that have been employed for the hotel for one (I) year or more shall be 

eligible to receive three (3) paid sick leave days per year and each calendar year thereafter. This shall be 

increased to four (4) paid sick leave days as of January I, 2020. Tipped employees shall be paid the 

Benefit Rate or their regular rate of pay, whichever is greater. All others will be paid at the regular hourly 

rate. New employees shall be eligible for paid sick leave pay after one year of employment, prorated for 

the remainder of that calendar year. All unused paid sick leave days will be paid in full in the last pay 

period of the calendar year. Paid sick leave days will not be carried over to the next calendar year. 

Employee annual sick days paid shall not be counted toward the hotel's Time and Attendance Policy. 

ARTICLE 32- GUEST SERVICE COMMITMENT 

Section 1: The Parties to this contract recognize that a renewed guest service commitment is 

required by managers and employees alike. 

Section 2: The Employer recognizes that employees, and their input, into guest service matters 

are a valuable resource and must be encouraged and facilitated. To this end, the parties will seek ways to 

implement this facet of the commitment by endeavoring to schedule quarterly meetings on this issue 

including the use of a Joint Labor Management Committee where the parties deem appropriate. 

Section 3: The Employer, Union, employees, and managers of the Hotel will strive to anticipate 

and meet guest needs and to deliver the highest quality guest service. Thus, employees and managers will 

be expected to deliver quality guest services and shall work together to address guest service issues and 

maximize the guest experience, without regard to the usual and customary tasks performed, strict job 

definitions, and past practices which are, or may be, counter-productive or possibly negatively impact the 

parties' total commitment to improve quality guest service. 

Section 4: Provided that no employee shall be displaced, the Hotel, based upon business 

considerations designed to provide quality guest services, may, utilize employees among various outlets 

and/or departments to address non-routine situations. 

28 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 34 of 52
Section 5: The Union and the Employer agree that dissatisfied guests simply will not return to the 

hotel, and therefore it is in the parties' mutual interest to provide premier guest service. Toward this end, 

the Employer must train bargaining unit employees on how to provide premier guest service and the 

Employer should not employ or continue to employ bargaining unit employees who are either unable or 

unwilling to provide, or who do not provide, premier guest services. Therefore: 

1) The Employer has the right to establish guest service standards, as well as appropriate 

grooming and dress standards. 

2) The Employer may apply progressive discipline, up to and including discharge, against 

employees who are the subject of legitimate guest complaints. 

3) The Employer may apply progressive discipline, up to and including discharge, against 

employees who fail to receive a passing score on a service audit regarding the Hotel's 

required guest service standards at the conclusion of a training session on such standards. 

Discipline administered under this Section is subject to the grievance and arbitration provisions of the 

Agreement. 

The Employer shall not be required to compel any guest to testify during the grievance or the arbitration 

procedure nor to reveal the guest's contact information, including address, e-mail, or telephone number to 

the Union or the employees. Where the Union wishes to investigate a written guest complaint, the 

Employer shall cooperate in working with the Union in investigating the matter. It is the intent and 

meaning of this Agreement that the Union and its members, nor any agents thereof, shall not contact any 

Hotel guest directly during an investigation or the processing of any grievance. Nothing in this section 

shall prevent a guest from reaching out to the Union or its members. 

Section 6: The Union and the Employer shall share equally in the printing of the Collective 

Bargaining Agreement to be made available to both management and employees. In order to have an 

understanding of the CBA among all employees, the CBA shall be printed in English, Spanish, and 

Haitian Creole. 

ARTICLE 33- DRUG AND ALCOHOL POLICY 

Where there is reasonable cause to believe that an employee is under the influence of alcohol or a 

controlled substance, the employee, after being notified of the contents of this subsection, must consent to 

an immediate physical examination at an independent medical facility or suffer the penalty of discharge. 

The Employer shall pay for the cost of the examination, and the employee shall be paid for all the time 

required for the examination. A blood alcohol level at or in excess of the current level allowed by law 

provides an absolute presumption that an employee is under the influence of alcohol. 

ARTICLE 34- ORIENTATION 

The Union shall be afforded the right to meet with new hires in the orientation process for onehalf (1/2) hour. In addition, the Hotel shall provide the Union with the name, classification, and hire date 

of all new bargaining unit employees at least two (2) days prior to orientation, if practicable. The 

Employer will not otherwise involve itself in the union orientation process. 

ARTICLE 35-- HOUSEKEEPING 

29 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 35 of 52
For the purpose of this Article, Room Attendants will refer to employees in both the Hotel and 

Condos, unless explicitly stated otherwise. 

Section 1: A credit is defined as a room or a portion of a large room such as a large suite. Guest 

Room Attendants are paid by the hour and will be assigned fourteen (14) credits per workday during their 

normal shift, provided that any attendant may volunteer to take extra credits over and above the 14 

assigned. Room Attendants in the Condos shall be assigned to twelve (12) credits per workday during 

their normal shift. Throughout the term of this contract, the shift for the Guest Room Attendant and the 

housekeeping Houseperson will be eight and one-half hours each day with a thirty (30) minute unpaid 

meal break. 

Section 2: In the event a Room Attendant believes s/he will not be able to complete the assigned 

number of rooms in the time allocated for a legitimate reason, s/he shall advise her/his floor supervisor no 

later than two (2) hours before his/her shift is scheduled to end, as soon as s/he is aware so that other 

arrangements can be made and the guest experience will not be jeopardized. The supervisor will assess 

the situation and will either arrange for help or will reduce the number of rooms assigned on that 

particular day. In the event that sufficient additional assistance is not available, the employer may 

authorize the room attendant work beyond the scheduled shift to complete the assigned rooms if the room 

attendant is able to stay. 

If the room attendant in unavailable to stay, extra rooms will be offered to those working that day 

as described in Section 3 below. Extra credits for rooms cleaned are paid the sum of five dollars ($5.00) if 

completed during the scheduled shift. 

Section 3: Consideration to assigning extra work will be given as follows: 

a) A seniority list of attendants shall be posted daily by the two housekeeping time clocks; 

b) Employees electing extra work shall so indicate on the list by 10:00 a.m. each day. If an 

insufficient number of attendants volunteer, extra rooms shall be assigned on a first come, 

first serve basis, or ifthe number is still insufficient by management based on seniority; 

c) Any attendant who commits to cleaning extra rooms is expected to clean those rooms, barring 

unexpected compelling circumstances; and 

d) Posting of the sign-up list does not guarantee either overtime or extra rooms. 

Section 4: Room Attendants assigned ten (10) or more credits that are checkouts will have their 

credits reduced by two (2). Room Attendants assigned nine (9) or more credits that are checkouts will 

have their credits reduced by one (1). Room Attendants regular assignments will not be altered to avoid 

assignment of checkouts or to obtain checkouts. 

Section 5: If a Room Attendant is required to clean on three (3) floors during a shift, her/his credit 

assignment will be reduced by one(!). If a room attendant is required to clean on four (4) floors during a 

shift, her/his assignment will be reduced by two (2) credits. 

Section 6: To the extent practicable and by seniority, Room Attendants shall be assigned to a 

regular section. Room Attendants assigned to a regular section may be required to make up rooms in other 

nearby sections, if there are insufficient rooms in their assigned sections. Sections shall not be altered in 

order to avoid reductions in room assignments due to assignment reductions described in Sections 4 and 5 

above. 

Section 7: Any housekeeping gratuity charged to a group or tour shall be distributed in the 

following manner: 90% to the Room Attendants and 10% to Housepersons who worked while the group 

30 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 36 of 52
was in-house. The gratuity shall be shared among those employees who serviced the rooms occupied by 

the group. The Union shall receive upon request, the breakdown of any such gratuity distributed to 

bargaining unit personnel. 

Section 8: The Union and employer will meet and bargain during the first ninety (90) days 

of the contract over the assignment of credits and agree to address a small number of equitable credit 

adjustments. In the event that the Employer intends to introduce modifications in its rooms, it shall notify 

the Union of the proposed changes and will give the Union adequate opportunity to discuss prior to 

implementation. 

Section 9: A sum of four dollars ($4.00) shall be paid to the Room Attendant for the make up of a 

roll-away bed or a crib. This will be increased by $0.20 beginning on January 1, 2018 and by an increase 

of $0.20 for each year thereafter. 

Section 10: The houseperson workload is defined by the current job description (dated April 23, 

2007). In the event the Employer intends to introduce modifications to the Houseperson workload or job 

requirements, it shall notify the Union of the proposed changes and will give the Union adequate 

opportunity to discuss said changes. The Company and the Union acknowledge that housepersons will 

not be used in lieu of scheduling a Linen Attendant. Among other duties, Linen Attendants are 

responsible for adequately stocking linen closets. Housepersons are issued a Daily Checklist each 

workday. In the event a houseperson believes s/he will not be able to complete the daily assignment in 

the time allocated for a legitimate reason, s/he shall advise her/his floor supervisor (no later than two (2) 

hours before his/her shift is scheduled to end) as soon as s/he is aware, so that other arrangements can be 

made and the guest experience will not be jeopardized. In the event that a scheduled houseperson does 

not report to work, the Employer shall call in another houseperson. If after attempts have been made to 

cover the shift, no employees are able to come in, the manager will prioritize work assignments and make 

adjustments as needed to cover the open station. 

ARTICLE 36- FAVORED NATIONS 

The Parties agree that during the term of this Agreement, should the Union enter into any 

successor contract with any full service, three star or above hotel in the jurisdiction of Local 355, 

providing for a combined economic package of wage increases or service charge distribution percentages, 

paid time off, and health insurance contributions that is more favorable to such hotel than the standards 

contained in this Agreement, then the Fontainebleau management shall immediately have the benefit of 

such provisions and they shall automatically become a part of this Agreement. The paiiies agree that the 

terms of this article shall not be applicable to first contracts negotiated by Local 355 with any hotels 

initially organized between the ratification of this Agreement until June 30, 2022 or to any successor 

contracts that simply maintain more favorable terms and conditions that are already in the contracts that 

exist at the time of this contract. 

ARTICLE 37- PARKING 

The Employer and the Union agree to fo1m a committee to explore ways to work cooperatively to 

reduce the cost of parking for bargaining unit employees. This committee shall have its first meeting 

within 60 days of ratification of this Agreement. 

31 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 37 of 52
ARTICLE 38- HEALTH AND SAFETY 

Section I: The Hotel and the Union agree to establish and maintain a "Joint Health and 

Safety Committee" of up to five (5) participants per party at each meeting. The Union may, however, 

designate up to eight (8) employees as members. The Committee will meet at least quarterly and meetings 

will be initiated by the Hotel. 

Section 2: The Employer shall provide a safe and healthy workplace, as required by law and 

provide adequate equipment and supplies. The Employer shall make Safety Data Sheets available, as 

required by law. 

ARTICLE 39- CIVIL RIGHTS 

Section I: BACKGROUND CHECKS 

a. The Employer shall not condition the continued employment, transfer or promotion to a 

position in the bargaining unit of any Employee on a review of the employee's credit history 

or reports derived from the employee's credit information. 

b. The Employer will not inquire about or require an Employee to disclose or reveal an 

airnst or a criminal accusation that has been fully and finally resolved without a conviction or 

judicial admission of guilt. An internal applicant for promotion or transfer will not be denied 

an interview solely on the basis of criminal record. 

Nothing in this Agreement shall require the Employer to hire any applicant for employment, and an 

arbitrator shall not have the authority to order the Employer to hire any applicant for employment. 

Section 2: INCARCERATION 

a. Incarceration, on its own, does not provide just cause for disciplinary action, provided that the 

foregoing shall not prohibit the Employer from disciplining an Employee for just cause for 

any other reason, even if directly or indirectly related to the incarceration (including but not 

limited to job abandonment, conduct resulting in the incarceration, potential for reputational 

harm or adverse business consequences to the Employer from continued employment of 

Employee, criminal conviction, etc.) or from suspending an employee without pay and/or 

putting the Employee on an unpaid leave of absence pending (i) investigation of charges or 

accusations related to the incarceration if such charges or accusations constitute or could 

constitute a felony under state or federal law and/or (ii) resolution of felony criminal 

proceedings relating to the incarceration. Nothing in this paragraph shall restrict any other 

Employer rights related to disciplinary action. 

b. Employees who have been incarcerated retain an obligation to timely notify or have someone 

timely notify the Employer regarding the Employee's absence from work, provided that the 

Employer shall excuse a failure to so notify the Employer if circumstances render such 

notification impracticable, provided that notification is given by or on behalf of the Employee 

as soon as thereafter practicable. 

c. Subject to the subsection a above, an incarcerated employee who is released to return to work 

within thirty (30) days of the original absence caused by incarceration and has met the 

32 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 38 of 52
requirements of this section, shall be returned to work without loss of seniority or other 

privileges of employment. 

ARTICLE 40- IMMIGRANTS' RIGHTS 

Section 1: GENERAL PRINCIPLES 

The Union and the Employer have a mutual interest in avoiding the termination of trained 

employees. Accordingly, to the extent not addressed by this Agreement, the Union and the Employer 

may negotiate over issues related to compliance with the Immigration Reform and Control Act and any 

other current or future legislation, government rules or policies related to immigrants. 

Section 2: NON-DISCRIMINATION 

1. The Employer shall not discipline, discharge, or discriminate against any employee because of 

national origin or immigration status, or because the employee is subject to immigration or deportation 

proceedings. An employee subject to immigration or depo1iation proceedings shall retain employment so 

long as the employee is authorized to work in the United States. 

2. The Employer shall not take any adverse action against an employee due to changes in the 

employee's name or social security number, provided that the employee is authorized to work in the 

United States. 

3. While English is the language of the workplace, the Employer recognizes the right of 

employees to use the language of their choice amongst themselves. 

4. In meetings involving discipline, except in situations where an employee is being suspended 

pending investigation, an employee who clearly needs language assistance or who cannot fully understand 

the issues relevant to his/her discipline and requests language assistance shall be provided by the 

Employer with an individual capable of assisting in the communication. Any reasonable delay in 

interviewing or effectuating discipline as a result of the need for such shall not affect the timeliness of any 

grievance or discipline. In all other matters, the Employer shall make a good faith effmi to provide 

appropriate language assistance when an employee clearly needs such assistance or when the employee 

cannot fully understand what is being said and requests language assistance. 

Section 3: LEA YES OF ABSENCE 

1. Unpaid Leave Upon request, employees shall be released for a total of five (5) unpaid working 

days per each rolling twelve (12) month period, in order to attend government proceedings and any 

related matters for the employee only. The employee shall submit proof of such proceedings and 

attendance by the employee to the Employer. 

2. If the Employer terminates an employee who is not authorized to work in the U.S. or because 

the employee has provided false information about his/her authorization to work in the U.S. or if an 

employee resigns in lieu of being terminated for one of the foregoing reasons, the Employer shall: 

a. immediately reinstate the employee to his/her former position, without loss of prior seniority 

(but seniority for vacation or other benefits does not continue to accrue during the period of absence) if 

the employee provides proof of work authorization within 12 months from the date of termination. 

33 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 39 of 52
b. if the employee provides proof of work authorization more than 12 months and less than 24 

months after the termination date, rehire the employee into the next available opening in the employee's 

former classification or another classification for which the employee is qualified, as a hew hire without 

seniority. 

Section 4: VERIFICATION OF WORK-AUTHORIZATION STATUS 

1. The Employer shall not require or demand proof of citizenship or immigration status, except 

as required by 8 USC § 1324a(b). No employee employed continuously since November 6, 1986 or 

whose circumstances constitute "continuing employment" as defined in 8 CFR § 274a.2(b)(l)(viii) shall 

be required to provide such proof. 

2. The Employer shall not verify non-probationary employees' identities, immigration status, 

authorization to work in the United States or social security numbers through E-Verify, the Social 

Security Administration's Social Security Number Verification Service, or any other method of checking 

information about employees with any government agency, unless required by law. 

3. If re-verification is required by law when a document used to prove authorization to work 

expires, the Employer shall provide the Union and the employee at least 120 days advance notice. 

Section 5: NO MATCH LETTERS 

The Employer who receives a "No-Match" letter agrees to take any and all reasonable steps 

necessary to resolve the discrepancy prior to effectuating any adverse employment action in order to be 

consistent with applicable federal law, regulations, or enforcement guidelines. 

Section 6: Workplace Immigration Enforcement: The Employer shall: Notify a representative of 

the Union as soon as practical if the Employer receives a no-match letter from the Social Security 

Administration (SSA), or if it is contacted by the Department of Homeland Security (OHS) or any other 

government agency related to the immigration status of the Employee covered by this Agreement or if a 

search, an-est warrant, administrative warrant, subpoena, or other request for documents is presented to 

the Employer. The Union agrees that it shall keep confidential any information it obtains pursuant to this 

Section and that it will use any such information solely to represent or assist the affected Employee(s) in 

regards to the OHS matter. To the extent legally possible, the Employer shall offer a private setting for 

questioning for Employees by OHS. 

Section 7: MANAGEMENT TRAINING 

The Employer shall train all managers on this section within three (3) months of agreement to its 

terms, and thereafter within six months of hiring any new manager or supervisor. 

Section 8: PAID CITIZENSHIP DAY 

On the day that an employee is sworn in as a U.S. citizen, the employee will be excused from 

work and will be compensated for all lost time at the same rate used for holiday pay. 

ARTICLE 41- Hospitality Employees Advancement and Training (HEAT) Fund 

Section I: The Employer agrees to contribute $.07 per hour paid per employee to the 

Hospitality Workers Training Fund. The Hospitality Workers Training Fund has been established and 

34 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 40 of 52
maintained pursuant to Section 302 of Taft-Hartley Act and the provisions of the Employee Retirement 

Income Security Act. The Employer agrees to be bound by the Fund's Trust Agreement. 

Section 2: The Employer shall pay the contribution as set forth above for each 

employee covered by this Agreement and transmit this sum each month to said Fund no later than 

the 101h day of the following month, together with the names, social security numbers, and hours 

worked by the employees for whom payments were made, upon forms required by the Fund. 

Section 3: In the event the Employer shall become in arrears in payment to the Fund, as 

outlined above, for a period of one (1) month, or more the Employer shall then pay to the Fund the 

sum of 6% interest, per annum, on all arrearages due to the Fund. Furthermore, in the event the Fund 

must resort to legal action for arrearage collections, then the Employer shall be responsible for all 

costs including legal fees and 6% interest for the necessary expenditures involved in the collection of 

said arrearage payments. 

Section 4: Notwithstanding anything contained in the Article to the contrary, the 

Employer's obligation to make the contributions under this Article ceases if the Fund fails to be tax 

exempt under Section 5.01 of the Internal Revenue Code. The Union represents that the Fund is tax 

exempt under Section 5.0 I of the Internal Revenue Code and complies in all material respects with the 

provisions of ERIS A and that there has been timely filing on behalf of the Fund of appropriate reports and 

all informational material with the IRS and the Department of Labor. 

Section 5: The Union and the Employer shall engage in a joint process to determine the 

Hotel's training needs. 

Section 6: The Union and the Employer will work together to obtain additional funding for 

employee training from various sources. 

Section 7: If an applicant is certified according to mutually established criteria through Fund's 

training entity, such certification shall be considered in the application process. 

ARTICLE 42- AGENCY EMPLOYEES IN HOUSEKEEPING 

Section I: The Union and the Hotel desire to establish a process going forward that protects 

employees and also allows the hotel to operate when employees are unavailable in Housekeeping due to 

peak operations. This agreement shall not apply to emergency situations involving extenuating 

circumstances which require immediate action, e.g., five Room Attendants unexpectedly call in sick in 

which case the Hotel can use agency workers, if it cannot fill the need with On-Call or other unscheduled 

Room Attendants. Accordingly, the Union and the Hotel agree as follows: 

1) The Employer may hire up to 20 On-Call Room Attendants; 

2) When a major event occurs and or the occupancy level at the Hotel is unusually high and the 

Hotel requires additional employees as all of the regular full-time Room Attendants are 

working 40 hour schedules, On Call Housekeeping bargaining unit employees will be utilized 

first; 

3) If insufficient On Call Housekeeping employees are available, the regular, full-time Room 

Attendants will be given the opportunity to work the event on an overtime basis; 

4) Employees will be notified of this opportunity through a departmental posting and will be 

given a deadline of 24 hours from being notified to elect to work the event. Employees shall 

be provided reasonable notice of the event and the available work. Notice shall be provided 

35 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 41 of 52
via postings by time clocks or such method as is reasonable and mutually agreed upon by the 

Union and the Employer. Priority shalI be given to bargaining unit employees who are 

scheduled to work less than forty ( 40) hours during the week. 

5) Once an employee commits to working an event, it is considered part of their regular 

schedules. 

6) Bargaining unit members of the Union from nearby hotels and graduates of HEAT training 

program will be given preference to be On-Call Room Attendants provided they apply for the 

position and pass the required background checks and On Call Room Attendants shaU be paid 

at the new hire rate and shall have a separate classification seniority list anci shall receive the 

regular wage increases listed in Schedule A in effect at the time the work is performed for all 

hours actuaUy worked. If an insufficient number of bargaining unit employees and/or On 

Call Room Attendants are available then the Hotel may utilize agency workers consistent 

with this agreement. 

7) No displacement of employees in the bargaining unit nor erosion of the bargaining unit shall 

result from utilization of these On-Call Room Attendants or agency employees. 

8) The Union will be notified in all instances where agency workers are utilized and provided 

with information about the extent of such utilization within seven days of such utilization. 

The Hotel agrees that there shall be no use of agency employees to perform housekeeping work, except as 

specifically provided herein. 

ARTICLE 43- COMPJ_,ETE AGREEMENT 

This Agreement reached as a result of collective bargaining represents the full and complete 

agreement between the parties, and supersedes all previous agreements and practices which were made in 

the term of the prior agreement. This language does not preclude discussion between the parties on the 

subject matter not contained herein. 

ARTICLE 44- DURATION 

This Agreement shall remain in effect from July 1, 2017 through June 30, 2022 inclusive, and 

thereafter from year to year, unless either party, not less than sixty (60) days prior to the anniversary date, 

signifies in writing its desire to change or modify this Agreement. 

In witness whereof, the parties hereto have caused this Agreement to be executed by their duly 

authorized representatives as oftl1is;;;//' day of March, 2018. 

I 

For the Employer: 

Fontai 

d/b/a 

For the Union: 

UNITE HERE ., 

Union Local 3L· WflR By:~ ~ 

36 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 42 of 52
Schedule A 

2017 

New Hire I 1 Yearl 2 Year 

Vida 

Barback $11.04 $11.78 $12.51 

Busser $11.04 $11.78 $12.51 

Host/Hostess $11.20 $11.94 $12.68 

Runner $10.78 $11.52 $12.26 

Server $5.67 $6.20 $6.71 

Service Bartender $11.74 $12.25 $12.76 

Cafe 54 (EDR) 

Runner $11.04 $11.78 $12.51 

Server/ Busser $11.04 $11.78 $12.51 

In Room Dining 

Order Taker/ Cashier $11.30 $12.04 $12.78 

Server $5.67 $6.20 $6.71 

Busser $11.04 $11.78 $12.51 

Service Bartender $11.74 $12.25 $12.76 

Private Bars 

Private Bar Attendant $11.55 $12.29 $13.02 

Catering Banquets 

Banquet Bar Back $10.90 $11.64 $12.38 

Banquet Bartender $10.90 $11.64 $12.38 

Banquet Cashier $11.20 $11.94 $12.68 

Banquet Porter $11.04 $11.78 $12.51 

Banquet Coffee Breaker $5.67 $5.87 $6.07 

Banquet Server $5.67 $5.87 $6.07 

Culinary 

Chef de Partie $16.35 $16.85 $17.35 

Commis 1 $14.50 $14.95 $15.40 

Commis 2 $13.90 $14.32 $14.75 

Stewarding 

Kitchen Worker 1 $11.65 $12.39 $13.12 

Kitchen Worker 2 $11.04 $11.78 $12.51 

Warehouse and Rec eiving 

Storeroom Clerk $11.39 $12.13 $12.87 

Purchasing 

Mail Clerk $11.39 $12.13 $12.87 

Communications 

Telephone Operator $11.71 $12.45 $13.18 

Front Service 

Baggage Handler $11.39 $12.13 $12.87 

Bell Captain $11.60 $12.34 $13.07 

Bell Dispatcher $11.39 $12.13 $12.87 

Bell person $5.74 $6.49 $7.24 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 43 of 52
Schedule A 

2017 

New Hire 1 Year 2 Year 

Doorperson $6.80 $7.05 $7.55 

Housekeeping 

Balcony Cleaner $11.39 $12.13 $12.87 

Drapery Attendant $14.40 $15.13 $15.86 

Houseperson $11.39 $12.13 $12.87 

Turndown Attendant $11.70 $12.44 $13.17 

Room Attendant $11.45 $12.18 $12.92 

Room Attendant (Condo) $11.70 $12.44 $13.17 

Utility Porter $11.90 $12.64 $13.38 

Guest Service Response Atten $11.39 $12.13 $12.87 

Wardrobe Attendant $11.45 $12.18 $12.92 

Seamstress $11.90 $12.64 $13.38 

Laundry/Linen 

Laundry Attendant $11.90 $12.64 $13.38 

Linen Attendant $11.39 $12.13 $12.87 

Internal Maintenan ce 

Night Cleaner $11.39 $12.13 $12.87 

Public Area Attendant $11.39 $12.13 $12.87 

Utility Porter $11.90 $12.64 $13.38 

Engineering 

Aquatic Engineer $12.75 $13.75 $14.75 

Carpenter 1 $16.75 $18.75 $19.30 

Electrician 1 $19.75 $21.75 $22.30 

Electrician 2 $14.75 $15.75 $16.75 

General Maintenance $12.75 $13.75 $14.75 

Kitchen Mechanic 1 $17.75 $19.75 $20.30 

Kitchen Mechanic 2 $13.75 $14.75 $15.15 

Laborer $11.39 $12.13 $12.87 

Mechanic 2 $13.75 $14.75 $16.00 

Mechanic 1 $17.75 $19.75 $20.30 

Painter 2 $13.95 $14.75 $15.15 

Painter 1 $16.75 $17.75 $18.25 

Plumber 2 $13.95 $14.75 $15.15 

Plumber 1 $16.75 $17.75 $18.25 

Refrigeration/ AC 1 $17.75 $19.75 $20.30 

Refrigeration/ AC 2 $13.75 $14.75 $15.15 

Stationary Engineer 1 $16.75 $17.75 $18.25 

Stationary Engineer 2 $14.75 $15.75 $16.20 

Storeroom Attendant $11.39 $12.13 $13.75 

Yardmen $11.04 $11.95 $13.75 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 44 of 52
Schedule A 

July 1, 2018 

New Hirel 1 Year 2 Year 

Vida 

Barba ck $11.49 $12.23 $12.96 

Busser $11.49 $12.23 $12.96 

Host/Hostess $11.65 $12.39 $13.13 

Runner $11.23 $11.97 $12.71 

Server $5.87 $6.40 $6.91 

Service Bartender $12.19 $12.70 $13.21 

Cafe 54 (EDR) 

Runner $11.49 $12.23 $12.96 

Server/ Busser $11.49 $12.23 $12.96 

In Room Dining 

Order Taker/ Cashier $11.75 $12.49 $13.23 

Server $5.87 $6.40 $6.91 

Busser $11.49 $12.23 $12.96 

Service Bartender $12.19 $12.70 $13.21 

Private Bars 

Private Bar Attendant $12.00 $12.74 $13.47 

Catering Banquets 

Banquet Bar Back $11.35 $12.09 $12.83 

Banquet Bartender $11.35 $12.09 $12.83 

Banquet Cashier $11.65 $12.39 $13.13 

Banquet Porter $11.49 $12.23 $12.96 

Banquet Coffee Breaker $5.77 $5.97 $6.17 

Banquet Server $5.77 $5.97 $6.17 

Culinary 

Chef de Partie $16.80 $17.30 $17.80 

Commis 1 $14.95 $15.40 $15.85 

Commis 2 $14.35 $14.77 $15.20 

Stewarding 

Kitchen Worker 1 $12.10 $12.84 $13.57 

Kitchen Worker 2 $11.49 $12.23 $12.96 

Warehouse and Rec eiving 

Storeroom Clerk $11.84 $12.58 $13.32 

Purchasing 

Mail Clerk $11.84 $12.58 $13.32 

Communications 

Telephone Operator $12.16 $12.90 $13.63 

Front Service 

Baggage Handler $11.84 $12.58 $13.32 

Bell Captain $12.05 $12.79 $13.52 

Bell Dispatcher $11.84 $12.58 $13.32 

Bell person $5.94 $6.69 $7.44 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 45 of 52
Schedule A 

July 1, 2018 

New Hire 1 Year 2 Year 

Doorperson $7.25 $7.50 $8.00 

Housekeeping 

Balcony Cleaner $11.84 $12.58 $13.32 

Drapery Attendant $14.85 $15.58 $16.31 

Houseperson $11.84 $12.58 $13.32 

Turndown Attendant $12.15 $12.89 $13.62 

Room Attendant $11.90 $12.63 $13.37 

Room Attendant (Condo) $12.15 $12.89 $13.62 

Utility Porter $12.35 $13.09 $13.83 

Guest Service Response Atten $11.84 $12.58 $13.32 

Wardrobe Attendant $11.90 $12.63 $13.37 

Seamstress $12.35 $13.09 $13.83 

Laundry/Linen 

Laundry Attendant $12.35 $13.09 $13.83 

Linen Attendant $11.84 $12.58 $13.32 

Internal Maintenan ce 

Night Cleaner $11.84 $12.58 $13.32 

Public Area Attendant $11.84 $12.58 $13.32 

Utility Porter $12.35 $13.09 $13.83 

Engineering 

Aquatic Engineer $13.20 $14.20 $15.20 

Carpenter 1 $17.20 $19.20 $19.75 

Electrician 1 $20.20 $22.20 $22.75 

Electrician 2 $15.20 $16.20 $17.20 

General Maintenance $13.20 $14.20 $15.20 

Kitchen Mechanic 1 $18.20 $20.20 $20.75 

Kitchen Mechanic 2 $14.20 $15.20 $15.60 

Laborer $11.84 $12.58 $13.32 

Mechanic 2 $14.20 $15.20 $16.45 

Mechanic 1 $18.20 $20.20 $20.75 

Painter 2 $14.40 $15.20 $15.60 

Painter 1 $17.20 $18.20 $18.70 

Plumber 2 $14.40 $15.20 $15.60 

Plumber 1 $17.20 $18.20 $18.70 

Refrigeration/ AC 1 $18.20 $20.20 $20.75 

Refrigeration/ AC 2 $14.20 $15.20 $15.60 

Stationary Engineer 1 $17.20 $18.20 $18.70 

Stationary Engineer 2 $15.20 $16.20 $16.65 

Storeroom Attendant $11.84 $12.58 $14.20 

Yardmen $11.49 $12.40 $14.20 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 46 of 52
Schedule A 

July 1, 2019 

New Hirel 1 Yearl 2 Year 

Vida 

Barback $11.99 $12.73 $13.46 

Busser $11.99 $12.73 $13.46 

Host/Hostess $12.15 $12.89 $13.63 

Runner $11.73 $12.47 $13.21 

Server $6.07 $6.60 $7.11 

Service Bartender $12.69 $13.20 $13.71 

Cafe 54 (EDR) 

Runner $11.99 $12.73 $13.46 

Server/ Busser $11.99 $12.73 $13.46 

In Room Dining 

Order Taker/ Cashier $12.25 $12.99 $13.73 

Server $6.07 $6.60 $7.11 

Busser $11.99 $12.73 $13.46 

Service Bartender $12.69 $13.20 $13.71 

Private Bars 

Private Bar Attendant $12.50 $13.24 $13.97 

Catering Banquets 

Banquet Bar Back $11.85 $12.59 $13.33 

Banquet Bartender $11.85 $12.59 $13.33 

Banquet Cashier $12.15 $12.89 $13.63 

Banquet Porter $11.99 $12.73 $13.46 

Banquet Coffee Breaker $5.87 $6.07 $6.27 

Banquet Server $5.87 $6.07 $6.27 

Culinary 

Chef de Partie $17.30 $17.80 $18.30 

Commis 1 $15.45 $15.90 $16.35 

Commis 2 $14.85 $15.27 $15.70 

Stewarding 

Kitchen Worker 1 $12.60 $13.34 $14.07 

Kitchen Worker 2 $11.99 $12.73 $13.46 

Warehouse and Rec eiving 

Storeroom Clerk $12.34 $13.08 $13.82 

Purchasing 

Mail Clerk $12.34 $13.08 $13.82 

Communications 

Telephone Operator $12.66 $13.40 $14.13 

Front Service 

Baggage Handler $12.34 $13.08 $13.82 

Bell Captain $12.55 $13.29 $14.02 

Bell Dispatcher $12.34 $13.08 $13.82 

Bell person $6.14 $6.89 $7.64 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 47 of 52
Schedule A 

July 1, 2019 

New Hire 1 Year 2 Year 

Doorperson $7.75 $8.00 $8.50 

Housekeeping 

Balcony Cleaner $12.34 $13.08 $13.82 

Drapery Attendant $15.35 $16.08 $16.81 

House person $12.34 $13.08 $13.82 

Turndown Attendant $12.65 $13.39 $14.12 

Room Attendant $12.40 $13.13 $13.87 

Room Attendant (Condo) $12.65 $13.39 $14.12 

Utility Porter $12.85 $13.59 $14.33 

Guest Service Response Atten $12.34 $13.08 $13.82 

Wardrobe Attendant $12.40 $13.13 $13.87 

Seamstress $12.85 $13.59 $14.33 

Laundry/Linen 

Laundry Attendant $12.85 $13.59 $14.33 

Linen Attendant $12.34 $13.08 $13.82 

Internal Maintenan ce 

Night Cleaner $12.34 $13.08 $13.82 

Public Area Attendant $12.34 $13.08 $13.82 

Utility Porter $12.85 $13.59 $14.33 

Engineering 

Aquatic Engineer $13.70 $14.70 $15.70 

Carpenter 1 $17.70 $19.70 $20.25 

Electrician 1 $20.70 $22.70 $23.25 

Electrician 2 $15.70 $16.70 $17.70 

General Maintenance $13.70 $14.70 $15.70 

Kitchen Mechanic 1 $18.70 $20.70 $21.25 

Kitchen Mechanic 2 $14.70 $15.70 $16.10 

Laborer $12.34 $13.08 $13.82 

Mechanic 2 $14.70 $15.70 $16.95 

Mechanic 1 $18.70 $20.70 $21.25 

Painter 2 $14.90 $15.70 $16.10 

Painter 1 $17.70 $18.70 $19.20 

Plumber 2 $14.90 $15.70 $16.10 

Plumber 1 $17.70 $18.70 $19.20 

Refrigeration/ AC 1 $18.70 $20.70 $21.25 

Refrigeration/ AC 2 $14.70 $15.70 $16.10 

Stationary Engineer 1 $17.70 $18.70 $19.20 

Stationary Engineer 2 $15.70 $16.70 $17.15 

Storeroom Attendant $12.34 $13.08 $14.70 

Yardmen $11.99 $12.90 $14.70 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 48 of 52
Schedule A 

July 1, 2020 

New Hire I 1 Yearl 2 Year 

Vida 

Barba ck $12.49 $13.23 $13.96 

Busser $12.49 $13.23 $13.96 

Host/Hostess $12.65 $13.39 $14.13 

Runner $12.23 $12.97 $13.71 

Server $6.27 $6.80 $7.31 

Service Bartender $13.19 $13.70 $14.21 

Cafe 54 (EDR) 

Runner $12.49 $13.23 $13.96 

Server/ Busser $12.49 $13.23 $13.96 

In Room Dining 

Order Taker/ Cashier $12.75 $13.49 $14.23 

Server $6.27 $6.80 $7.31 

Busser $12.49 $13.23 $13.96 

Service Bartender $13.19 $13.70 $14.21 

Private Bars 

Private Bar Attendant $13.00 $13.74 $14.47 

Catering Banquets 

Banquet Bar Back $12.35 $13.09 $13.83 

Banquet Bartender $12.35 $13.09 $13.83 

Banquet Cashier $12.65 $13.39 $14.13 

Banquet Porter $12.49 $13.23 $13.96 

Banquet Coffee Breaker $5.97 $6.17 $6.37 

Banquet Server $5.97 $6.17 $6.37 

Culinary 

Chef de Partie $17.80 $18.30 $18.80 

Commis 1 $15.95 $16.40 $16.85 

Commis 2 $15.35 $15.77 $16.20 

Stewarding 

Kitchen Worker 1 $13.10 $13.84 $14.57 

Kitchen Worker 2 $12.49 $13.23 $13.96 

Warehouse and Rec eiving 

Storeroom Clerk $12.84 $13.58 $14.32 

Purchasing 

Mail Clerk $12.84 $13.58 $14.32 

Communications 

Telephone Operator $13.16 $13.90 $14.63 

Front Service 

Baggage Handler $12.84 $13.58 $14.32 

Bell Captain $13.05 $13.79 $14.52 

Bell Dispatcher $12.84 $13.58 $14.32 

Bell person $6.34 $7.09 $7.84 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 49 of 52
Schedule A 

July 1, 2020 

New Hire 1 Year 2 Year 

Doorperson $8.25 $8.50 $9.00 

Housekeeping 

Balcony Cleaner $12.84 $13.58 $14.32 

Drapery Attendant $15.85 $16.58 $17.31 

Houseperson $12.84 $13.58 $14.32 

Turndown Attendant $13.15 $13.89 $14.62 

Room Attendant $12.90 $13.63 $14.37 

Room Attendant (Condo) $13.15 $13.89 $14.62 

Utility Porter $13.35 $14.09 $14.83 

Guest Service Response Atten $12.84 $13.58 $14.32 

Wardrobe Attendant $12.90 $13.63 $14.37 

Seamstress $13.35 $14.09 $14.83 

Laundry/Linen 

Laundry Attendant $13.35 $14.09 $14.83 

Linen Attendant $12.84 $13.58 $14.32 

Internal Maintenan ce 

Night Cleaner $12.84 $13.58 $14.32 

Public Area Attendant $12.84 $13.58 $14.32 

Utility Porter $13.35 $14.09 $14.83 

Engineering 

Aquatic Engineer $14.20 $15.20 $16.20 

Carpenter 1 $18.20 $20.20 $20.75 

Electrician 1 $21.20 $23.20 $23.75 

Electrician 2 $16.20 $17.20 $18.20 

General Maintenance $14.20 $15.20 $16.20 

Kitchen Mechanic 1 $19.20 $21.20 $21.75 

Kitchen Mechanic 2 $15.20 $16.20 $16.60 

Laborer $12.84 $13.58 $14.32 

Mechanic 2 $15.20 $16.20 $17.45 

Mechanic 1 $19.20 $21.20 $21.75 

Painter 2 $15.40 $16.20 $16.60 

Painter 1 $18.20 $19.20 $19.70 

Plumber 2 $15.40 $16.20 $16.60 

Plumber 1 $18.20 $19.20 $19.70 

Refrigeration/ AC 1 $19.20 $21.20 $21.75 

Refrigeration/ AC 2 $15.20 $16.20 $16.60 

Stationary Engineer 1 $18.20 $19.20 $19.70 

Stationary Engineer 2 $16.20 $17.20 $17.65 

Storeroom Attendant $12.84 $13.58 $15.20 

Yardmen $12.49 $13.40 $15.20 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 50 of 52
Schedule A 

July 1, 2021 

New Hire I 1 Yearl 2 Year 

Vida 

Barba ck $12.99 $13.73 $14.46 

Busser $12.99 $13.73 $14.46 

Host/Hostess $13.15 $13.89 $14.63 

Runner $12.73 $13.47 $14.21 

Server $6.47 $7.00 $7.51 

Service Bartender $13.69 $14.20 $14.71 

Cafe 54 (EDR) 

Runner $12.99 $13.73 $14.46 

Server/ Busser $12.99 $13.73 $14.46 

In Room Dining 

Order Taker/ Cashier $13.25 $13.99 $14.73 

Server $6.47 $7.00 $7.51 

Busser $12.99 $13.73 $14.46 

Service Bartender $13.69 $14.20 $14.71 

Private Bars 

Private Bar Attendant $13.50 $14.24 $14.97 

Catering Banquets 

Banquet Bar Back $12.85 $13.59 $14.33 

Banquet Bartender $12.85 $13.59 $14.33 

Banquet Cashier $13.15 $13.89 $14.63 

Banquet Porter $12.99 $13.73 $14.46 

Banquet Coffee Breaker $6.07 $6.27 $6.47 

Banquet Server $6.07 $6.27 $6.47 

Culinary 

Chef de Partie $18.30 $18.80 $19.30 

Commis 1 $16.45 $16.90 $17.35 

Commis 2 $15.85 $16.27 $16.70 

Stewarding 

Kitchen Worker 1 $13.60 $14.34 $15.07 

Kitchen Worker 2 $12.99 $13.73 $14.46 

Warehouse and Rec eiving 

Storeroom Clerk $13.34 $14.08 $14.82 

Purchasing 

Mail Clerk $13.34 $14.08 $14.82 

Communications 

Telephone Operator $13.66 $14.40 $15.13 

Front Service 

Baggage Handler $13.34 $14.08 $14.82 

Bell Captain $13.55 $14.29 $15.02 

Bell Dispatcher $13.34 $14.08 $14.82 

Bell person $6.54 $7.29 $8.04 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 51 of 52
Schedule A 

July 1, 2021 

New Hire 1 Year 2 Year 

Doorperson $8.75 $9.00 $9.50 

Housekeeping 

Balcony Cleaner $13.34 $14.08 $14.82 

Drapery Attendant $16.35 $17.08 $17.81 

Houseperson $13.34 $14.08 $14.82 

Turndown Attendant $13.65 $14.39 $15.12 

Room Attendant $13.40 $14.13 $14.87 

Room Attendant (Condo) $13.65 $14.39 $15.12 

Utility Porter $13.85 $14.59 $15.33 

Guest Service Response Atten $13.34 $14.08 $14.82 

Wardrobe Attendant $13.40 $14.13 $14.87 

Seamstress $13.85 $14.59 $15.33 

Laundry/Linen 

Laundry Attendant $13.85 $14.59 $15.33 

Linen Attendant $13.34 $14.08 $14.82 

Internal Maintenan ce 

Night Cleaner $14.08 $14.82 

Public Area Attendant $13.34 $14.08 $14.82 

Utility Porter $13.85 $14.59 $15.33 

Engineering 

Aquatic Engineer $14.70 $15.70 $16.70 

Carpenter 1 $18.70 $20.70 $21.25 

Electrician 1 $21.70 $23.70 $24.25 

Electrician 2 $16.70 $17.70 $18.70 

General Maintenance $14.70 $15.70 $16.70 

Kitchen Mechanic 1 $19.70 $21.70 $22.25 

Kitchen Mechanic 2 $15.70 $16.70 $17.10 

Laborer $13.34 $14.08 $14.82 

Mechanic 2 $15.70 $16.70 $17.95 

Mechanic 1 $19.70 $21.70 $22.25 

Painter 2 $15.90 $16.70 $17.10 

Painter 1 $18.70 $19.70 $20.20 

Plumber 2 $15.90 $16.70 $17.10 

Plumber 1 $18.70 $19.70 $20.20 

Refrigeration/ AC 1 $19.70 $21.70 $22.25 

Refrigeration/ AC 2 $15.70 $16.70 $17.10 

Stationary Engineer 1 $18.70 $19.70 $20.20 

Stationary Engineer 2 $16.70 $17.70 $18.15 

Storeroom Attendant $13.34 $14.08 $15.70 

Yardmen $12.99 $13.90 $15.70 

Ex. A to Local 355 Counter Claim (D.E. #17-1)

Case 1:20-cv-22667-RNS Document 20 Entered on FLSD Docket 08/10/2020 Page 52 of 52