1. Effective January 1, 2008 Gratuities will be paid on food and beverage totals only. Gratuities will not be paid on miscellaneous pricing, including but not limited to merchandise, entertainment, (excluding Spirit of Aloha, Hoop-Dee-Doo, and Character Dining restaurants, where entertainment is included in the price), house charges, imaging, etc. Merchandise will only be included in the total food and beverage price for the purpose of gratuity calculation if the Server is required by the Company to handle and deliver merchandise items to the guest as part of the Guest’s dining experience. Gratuities will not be paid on autograph books, pens and disposable cameras.
2. The eighteen percent (18%) automatic gratuity for all new and existing package plans, to include the Disney Dining Plan, will be eliminated effective January 1, 2008.
3. Should the Company decide to reinstate package plans with automatic gratuity included, the parties agree the terms of the addendum expiring on April, 28, 2007 will remain in effect.
4. An automatic gratuity of eighteen percent (18%) will be added for supplemental food and beverage purchased at prepaid venues (i.e., Spirit of Aloha, Hoop-Dee-Doo, Cinderella’s Royal Table, Princess Tea, Special Pre-paid events such as New Year’s Eve at California Grill).
5. A guaranteed three percent (3%) service charge will be added on the retail value of the meal for all Disney Dining Plan guests for parties of less than six (6), effective January 1, 2008 to December 31, 2008
6. A guaranteed three percent (3%) service charge will be added on the retail value of the meal for all Disney Dining Plan guests for parties of less than six (6), effective January 1, 2009 to December 31, 2009.
7. A guaranteed two percent (2%) service charge will be added on the retail value of the meal for all Disney Dining Plan guests for parties of less than six (6), effective January 1, 2010 through the end of the 2007 Collective Bargaining Agreement.
8. The Company agrees to negotiate with the Union, the application of the automatic gratuity for any future pre-paid venues, for the life of this agreement.
9. Where there are menu boards available, the verbiage “Gratuity Not Included’ will be added to the menu boards, by September 30, 2007, at outside bar locations in Disney’s MGM Studios, Disney’s Animal Kingdom, Disney’s Wide World of Sports, the Margarita Bar at Downtown Disney, and pool bars.
10. A three dollar ($3.00) fee will be paid for delivery of Private Dining amenities.
11. An automatic eighteen percent (18%) will be added for food and beverage purchased from the Golf Carts, Pizza Delivery and Private Dining.
12. It is the Company's understanding that when a business requires their guests to pay a Pre-determined charge, which is given to employees of the business, the charges are considered a service charge. Furthermore, service charges are not considered a tip, but rather, are wages paid by the employer. Consequently, the tax code requires the Company to withhold taxes on all service charges.
13. The Company's position with regard to tips has not changed. It is the responsibility of all service persons to report one-hundred percent (100%) of their tips and gratuities for income tax purposes. The Company will continue to report eight percent (8%) of the location's gross sales to the government and will withhold tax on the tips and gratuities declared by the employee to the Company. The Company reserves the right to amend and/or alter this position to conform to state and federal laws.
14. Under Wage and Hour laws, the Company is required to report tips and service charges in overtime situations.
15. An eighteen percent (18%) service charge will be added for Company sponsored Cast discounts, e.g. Cast Serving Cast, Cast discounted meals, and Cast Celebration discounted meals. The service charge will be based on the total Food and Beverage charges before any discounts have been applied. This provision does not apply to Disney Dining Experience and Disney Vacation Club. Effective January 1, 2008, the eighteen percent (18%) service charge for all existing and new package plans, including Disney Dining Plan, supplemental Food and/or Beverage purchased and consumed by the guest covered by the package plan will be discontinued. Effective January 1, 2008, an automatic gratuity of eighteen percent (18%) will be added for all guests on the Disney Dining Experience discount program, based on the retail value of the Food and Beverage.
The contract does not seem to mandate 18% on all meals, but perhaps this is a blanket above the contract instituted by the company?