Shop Steward Manual The Union of Northern Workers Mission is to inspire, engage, and empower workers and community through

Transcription

1 Shop Steward Manual The Union of Northern Workers Mission is to inspire, engage, and empower workers and community through quality education, effective representation, model public service, and political action Fifth Edition 2015

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3 Union of Northern Workers SHOP STEWARD MANUAL Fifth Edition 2015

4 ACRONYMS USED IN THIS GUIDE CLC CIRB GNWT NWT NWTPSA NTFL UNW PSAC Canadian Labour Congress Canada Industrial Relations Board (formerly the Canada Labour Relations Board CLRB) Government of the Northwest Territories Northwest Territories Northwest Territories Public Service Association (as the UNW was called prior to the 1987 Convention) Northern Territories Federation of Labour Union of Northern Workers Public Service Alliance of Canada ACKNOWLEDGEMENTS The following contributed to the development of this Guide: First edition: Charlotte Babicki 1999 Second edition: Margaret Bertulli 2000 Third edition: Chaka. Rukobo 2004 Fourth edition Chaka Rukobo 2010 Fifth edition Chaka Rukobo 2015 We are also grateful to the PSAC whose Steward s Handbook has been adapted in developing parts of this Guide.

5 CONTENTS 1. Introduction to the Union of Northern Workers The UNW and its affiliations 1.2 History of the UNW 1.3 Membership of the UNW Notes 2. The Shop Steward 2.1 Qualities of a Shop Steward How to become a Steward 2.3 Resignation Notes 3. Role of the Steward: Providing information to members Maintaining a bulletin board 3.2 Conducting meetings 3.3 Promoting the UNW 3.4 Contacting the Local with members' issues 3.5 Participating in collective bargaining 3.6 Soliciting ideas for conventions 3.7 Signing up members 3.8 Giving Union orientation to new members 3.9 Notifying the UNW of change of addresses 3.10 Handling problems 3.11 Providing health and safety information 3.12 Interacting with supervisors Notes 4. Role of the Steward: Handling first level grievances Duty of Fair Representation 4.2 Grievances and complaints 4.3 How do you recognize a grievance? 4.4 Grievance handling process 4.5 Watch your time limits 4.6 Gathering information 4.7 Writing the grievance 4.8 Handing in the grievance 4.9 Following up Notes 5. Role of the Steward: Helping GNWT Members with staffing appeals Staffing appeals 5.2 Exceptions 3

6 5.3 Time limits 5.4 The appeal letter 5.5 The appeal hearing Notes 6. Role of the Steward: Helping GNWT Members with job evaluation appeals Statement of duties 6.2 Job evaluation 6.3 Filing the appeal 6.4 The Appeal Hearing Notes 7. Role of the Steward: Collective bargaining Why collective bargaining 7.2 The collective bargaining process Notes 8. Keeping up with labour-related issues Staying informed 8.2 Courses 8.3 News 8.4 Reading files 8.5 Conferences 8.6 Conventions Notes 9. Time off for Union business Your right to time off 9.2 When a member has a problem 9.3 Permission to leave work 9.4 Getting bargaining input and promoting Local activities 9.5 Signing up and orienting new members 9.6 Attending courses 9.7 GNWT arbitration hearings 9.8 CIRB arbitration hearings Notes 10. Fifteen things every Steward should know Qualities of a Steward 10.2 Fifteen points to remember Notes 4

7 11. A Steward s pitfalls To err is human but watch for the pitfalls Notes Appendix A: How the UNW is organized to work together Appendix B: Grievance handling forms Appendix C: References, resources and contacts Notes 5

8 FOREWORD BY THE UNW PRESIDENT Dear Shop Steward: It is with great pride and pleasure that I welcome your interest in the duties and responsibilities of a Union Shop Steward. I, too, have been a Steward for our Union and although I have experienced frustration at times, I have also experienced great satisfaction from assisting my union Brothers and Sisters. I would personally like to welcome you to our Stewards Network. Stewards are the backbone of our Union and we want to be sure that you have all the tools you need to take on your responsibilities as a Steward. Union Stewards are the first line of communication for members in the workplace. You will be one of many voluntary Stewards who serve your union Brothers and Sisters by advising them of their rights and responsibilities under their Collective Agreements. You will resolve problems, handle grievances, educate and organize fellow members in your workplace. You will be able to provide your coworkers with information about their Union and the actions of their employers. To the members of your Local, you will represent the Union of Northern Workers. This handbook is designed as a tool to help you in your task as a Union representative at the worksite, and to help you participate fully in your Union. I encourage you to read this handbook carefully and to refer to it as you carry out your very important duties. If you have questions that cannot be answered from this handbook, please contact your Chief Shop Steward, your Local President or Regional Vice President or one of the Union s Service Officers in our Yellowknife headquarters. I wish you luck and thank you for giving your time and energy for the benefit of your union Brothers and Sisters. In Solidarity, Todd Parsons, President 6

9 1. INTRODUCTION TO THE UNION OF NORTHERN WORKERS 1.1 The UNW and its affiliations The Union of Northern Workers (UNW) is one of 17 Components that make up a larger union called the Public Service Alliance of Canada (PSAC). Most of the other PSAC Components represent federal government employees or mostly contain federal members who bargain with the Canada Treasury Board. That's why some of the newsletters and magazines you receive seem to be more concerned with federal issues. Experience has shown, however, that federal labour issues often become territorial ones or have territorial consequences, and vice versa. The PSAC thus provides support for arbitration and negotiation as well as a strong voice for public sector workers, even those in territorial jurisdictions, including the Northwest Territories (NWT). The PSAC is, in turn, a member of the Canadian Labour Congress (CLC). The PSAC can send delegates to CLC conventions. PSAC members, and therefore UNW members, can also take part in CLC courses and other events. Each UNW Local can choose to join the NWT Federation of Labour. In this case, PSAC pays dues on behalf of UNW members. The Federation lobbies for northern issues, issues press statements on behalf of northern labour, and encourages cooperation between member Unions. 1.2 History of the UNW In the late 1960s, the federal government began transferring responsibilities to the Government of the Northwest Territories (GNWT). Many workers were moved into the NWT to perform varied tasks of delivering programmes and services. Very quickly, they recognised that without the protection of a union and a collective agreement, the terms and conditions of their employment were not guaranteed or equitable. As frustration grew across the NWT, a group of workers formed the Northwest Territories Public Service Association (NWTPSA) in As there was no legal way to force the employer to bargain with this Association, the group lobbied for new legislation and the NWT Public Service Act was passed in This legislation only recognized, not created, what had already taken hundreds of volunteer hours to accomplish. A group of diligent organizers spent many months working into the night and on weekends raising funds and sending applications for membership to workers across the NWT. Membership cards were signed and, on May 15 th 1970, the founding Convention of the NWTPSA, the forerunner of the UNW, was held in Yellowknife. The Union was now a reality. Also that same month, the NWTPSA affiliated with the PSAC as its 15 th 7

10 Component. The first session of collective bargaining between the NWTPSA and the GNWT demanded a great deal of attention. Work was done from members homes and meetings were held at local schools. The major issues were a new classification system and written job descriptions. In June 1970, the NWTPSA went to the bargaining table and, within 10 days, an agreement was reached. Harold Franklin, the first President, summed up the early days: We had little experience, no money, and a shortage of help. It was a classic case of on-the-job training. When I see the resources and the expertise the UNW has today, it reinforces our humble beginnings. I feel so proud when I consider what we accomplished and what the Union has become. The next course of action for the NWTPSA was to organize workers groups in the non government sector. During the early 1980s, these workers had pay and benefits far lower than workers doing the same jobs within the public service. These groups were certified by the Canada Industrial Relations Board (CIRB) under the Canada Labour Code. These non-government groups are therefore referred to as CIRB bargaining units. The Union organized 35 CIRB bargaining units throughout the NWT within 10 years. The first certificate granted was for the Inuvik Housing Authority on 4 August There are now over 25 CIRB units represented by the UNW. There were some units already organized that were handed over to the Union by PSAC. PSAC still negotiates some of the CIRB collective agreement behalf of the UNW. The most notable work disruption was the strike of the Inuvik Housing Authority in 1987 which lasted 15 weeks. The employer fired one of the Local leaders shortly after the strike vote had been taken. The Union complained to the CIRB which ruled that the employer had broken the Canada Labour Code and demanded that the worker be reinstated. The Union also complained of unfair labour practices against the employer for bargaining in bad faith. The CIRB ordered the employer to sign the Collective Agreement; pay full wages to all striking members for most of the strike period, and reimburse the Union for most of the strike pay it had disbursed. A more recent strike involving BHP mine workers lasted 3 months, during the spring of Three other strikes in Ft Smith (2007) and Hay River (2007 and 2015) by workers at Bosco Homes, Nats Jee Ke and Town of Hay River, respectively, are also a stark reminders of the struggles northern workers still face against unscrupulous employers not willing to accord them their dignity and respect at the workplace. In 1988, during a one-day job action, picket lines were set up with Hamlet members in Gjoa Haven at -40C. The NWTPSA became the Union of Northern Workers at the 1987 Convention. UNW 8

11 continued to organize hamlets, housing associations, and other private sector workers. Today the Union has members working in many sectors, including diamond mines, caregivers, nurses, engineers and municipal employees. It administers almost 30 different collective agreements. The hectic work environment around the Union offices made it ripe for organizing, and UNW staff became, firstly, members of the United Labour Union in the late 1970s and then, later, they were certified under the United Steelworkers of America during the early 1980s. Servicing its members has always been a challenge and a reward for the UNW. Starting with a mere 100 members in 1967, this had increased dramatically to about 7000 members by the mid 1990s. The number currently stands around This drop is largely due to division of the NWT which created the new territory of Nunavut in April 1999 but also to decentralization, contracting out and restructuring on the part of employers. The 1990s were also a challenge to the Union because of a combination of: harsh changes to the Public Service Act which limited Union membership (created excluded employees) lay-offs rollbacks in wages and benefits an intense battle for pay equity in the GNWT bargaining units the division of the NWT to create Nunavut which saw a corresponding split in the UNW with the Nunavut Employees Union holding its founding convention in October 1998 and establishing itself to represent 2000 workers. 1.3 UNW membership The UNW represents 3 main workers groups. UNW membership consists of: GNWT employees (including NWT Housing Corporation, boards and agencies) NWT Power Corporation workers CIRB bargaining unit members (i.e. other employers falling under the Canada Labour Code such as diamond mines, local and housing authorities, hamlets, social or welfare and special care homes, etc.) Because of this diversity, the Union administers about 30 collective agreements. Most items discussed in this Steward Guide apply to all members of the UNW but some are specific to certain bargaining units. Therefore to be certain in all cases, always consult your collective agreement for verification and confirmation. NOTES: 9

12 2 THE SHOP STEWARD 2.1 Qualities of a Shop Steward The UNW promotes participatory democracy and an inclusive approach to Union activities at every level of its structure. With this in mind, UNW actively supports full participation by all members in affairs that affect them as workers. At the workplace, workers are encouraged to organize themselves and choose Shop Stewards to steer their activities there and represent them and their Union in daily dealings with management. The Concise Webster dictionary defines a Shop Steward as a person elected by workers in a factory, etc. to represent them in dealings with management. Shop Stewards (or simply Stewards ) form the backbone of the UNW. They are the first contact and line of communication for members at the workplace. Stewards are volunteers who serve members by advising them of their rights and responsibilities; resolving problems; handling grievances, educating as well as organizing members. Stewards enforce collective agreements and liaise between Locals and the membership. The next chapters in this Guide describe each of these roles in detail. Note, however, that regardless of your position within the workplace, as a Steward you are equal to management in Union-management issues. You discuss and negotiate as a full Union member with management. At the workplace you are the face of the UNW and this gives you equal footing with management. The Steward s position is protected by law and the collective agreement. The Steward is therefore a key person in the UNW structure and has it within their power to ensure that the Union is strong, successful and continues to be a democratic movement. This objective can be enhanced if a Steward adopts certain positive personal attributes to enhance their role. Such qualities include: Fairness Friendliness Being involved Enthusiasm Courage Efficiency and effectiveness Knowledgeable Leadership and leading by example Each of these qualities will be explained throughout this Guide. What should be clear right at the outset, however, is that the Steward needs to be able to wear many hats, for example, as an: Organizer 10

13 Educator Communicator Leader Problem solver. You are not alone in playing these roles! Your Chief Steward, Local, UNW Service Officers and the entire resources of the UNW are at your disposal. Always attend meetings; read your collective agreements; study this Guide; keep in touch with current labour laws and practices; talk to your members frequently; assess the situation at your workplace (employers directives and policies, supervisors actions, etc.) and maintain contact with your Service Officers. Be pro-active. How well you combine the ideal qualities of a Steward in discharging the above responsibilities will go a long way in determining your own personal satisfaction and growth as a workers representative, as well as enhance the strength and success of your Union, the UNW. Task: Why would you like to be a Shop Steward? Give 5 reasons: How do you describe yourself as a Shop Steward? Use at least 5 buzzwords, such as energetic, go getter, etc. that best describe you: 2.2 The Steward s rights in the workplace: It has been pointed out already that for you to be effective in representing fellow workers the Steward s position is protected. Check what your collective agreement says. Since the collective agreement is a legally enforceable document it follows then that this is what Canadian labour laws provide for and expect from employers. In addition, the right to have representatives at the workplace is a right that unions have in Canada. 11

14 Task: What does your collective agreement say about Shop Stewards? Show the relevant articles below: Therefore an employer breaks the law if they: refuse to allow or prevent Stewards from being elected, or do not recognise their authority (by not treating Stewards as equals) or harass, intimidate or hold Stewards to a higher standard from other workers In such cases the Union can file an unfair labour practice complaint. A Steward enjoys the following rights include: the right to represent members the right to pursue grievances the right to information (including accessing members personnel files) freedom of speech (this allows Stewards to challenge management whilst representing members) freedom of expression (by wearing union buttons during campaigns, etc) However as with all other freedoms that we enjoy, the above need to be exercised responsibly. For example, in exercising freedom of expression or speech, one cannot defame a supervisor or put down an employer s products or services or incite unrest. 2.3 How to become a Steward UNW Bylaw 13 (section 13) provides for Stewards to be either elected by members or appointed by the Local executive. The same section also sets the term of office and how the Steward s mandate may be revoked by members. If the election method is used, inform the Local in writing as soon as possible upon being elected. The Local will then inform the UNW office and the employer. It is also a good idea to inform your supervisor that you are a Steward. Your position as a Steward is recognised in law and your supervisor, or the management, should not have any problems with this. 12

15 The next step as you settle into your new Steward role is to read this Guide and to sign up for the next available Steward's course. Such courses help you understand your role better and meet with other Stewards. 2.3 Resignation When you leave your job or change work locations, you should immediately: advise the members to choose a new Steward inform the Local that you are leaving pass this Guide (and all other Union property) to the new Steward (or return it to the Local) Task: In my view, Shop Stewards are not effective in playing their role because: NOTES: 13

16 3. ROLE OF THE SHOP STEWARD: PROVIDING INFORMATION TO MEMBERS AND EMPLOYERS There are several ways to provide information to UNW members at your workplace: 3.1 Maintaining a bulletin board Putting up meeting posters in a timely manner Keeping the bulletin board fresh i.e. removing old information and replacing outdated notices Posting newsletters and other Union news Posting your name and contact details. Check your Collective Agreement; most require the employer to provide each workplace with a bulletin board for union notices. You can remove other material that is not unionrelated where such a board is provided. Task: What does your collective agreement say about union bulletin board(s)? What is the relevant article? If nothing is in the agreement, how do you plan to correct this? Is there a bulletin board(s) in your workplace? Yes, there is and it is updated by the Union often Yes, but it s not updated because No, there isn t because 3.2 Conducting meetings Encouraging and motivating members to attend workplace and Local meetings Always asking for people's ideas first before setting the agenda to reflect true democracy (which is a key principle of the UNW). Ask anyone with a strong opinion, a concern or a complaint to be sure to always attend meetings Leading by example!! Go to meetings yourself. If you can't attend, ask someone 14

17 else to stand in for you. Find out what happened immediately after the meeting. Conducting meetings in a business-like manner i.e. by following the PSAC rules of order and correct procedures (e.g. motions moved and seconded, voting, etc.), keeping minutes and accommodating various opinions Letting everybody who wishes to speak! Rotate the chairing of your meetings if this is possible. Allow for sufficient debate and listen carefully to what is said and implied Task: What does your collective agreement say about the Union conducting meetings in the workplace? Show the relevant article. If there is no such language, how do you plan to address the issue? 3.3 Promoting the UNW Since you are the UNW representative closest to members, you have some responsibility for building and maintaining the Union's reputation. You may have to listen to a lot of complaints or criticisms against the Union. The best answer always is: "You and I are the Union! Together we can change the Union. If there are problems, come with me to the Local meeting. Let's see what we can do together. You can help too, by your own pleasant and caring behaviour. Answer questions with a smile. Try to find the answers to all questions, and get a reputation for being an expert on the collective agreement. Follow the provisions of the collective agreement faithfully. Make sure that all new members know about the Union. Give them an opportunity to join. Let them know you are available for questions and problems. Task: List some ideas for promoting the Union amongst your members, below: 3.4 Contacting the Local with members' issues 15

18 It would be impractical to have each member calling the Local or Union with every question, problem and opinion they have. For this reason, a Steward (preferably at each work site or within a community) represents members there. The Steward s most important job is to solve problems that arise at the work site quickly. When an issue arises, the Steward should: talk openly about it with other members find out their opinions and assure them that their opinions matter collect any questions and concerns members have provide background information contact the Local with members views (including attending Local meetings to pass on members opinions, concerns and questions and interact with other Stewards) suggest agenda items for Local meetings Task: Can you list some effective ways to improve communication between you (the Steward) and your Local? 3.5 Participating in collective bargaining Long before an agreement is negotiated between the UNW and the employer, Locals receive a call for bargaining input. the Steward s first role is to post a notice on the bulletin board about the due date for ideas to help identify inputs, the Steward asks members about complaints or grievances they have had in the past at the workplace the Steward also reads through the Collective Agreement and identifies problem areas or issues that are not clear. Now might be the time to resolve them. Make sure everyone knows about the meeting where bargaining proposals will be voted on. If there is a hot issue that is particularly important to your group, get everyone to attend the meeting. Note that only proposals approved by a Local can be considered by the UNW bargaining committee. 16

19 Sometimes ideas occur too late for this bargaining session, but they should not be lost. As a forwarding-looking Steward, always keep a file of bargaining ideas from your coworkers. Pass the file on to the Local or bring it up at the next bargaining input meeting. 3.6 Soliciting ideas for conventions Ideas are also needed before UNW and PSAC conventions, both of which are held every 3 years. Every other year there is a Convention for the Federation of Labour. All three Conventions ask for resolutions from Locals. They also require elected delegates to attend. The Steward should inform members how to become Convention delegates and also let them know about the need for resolutions. Encourage members to attend meetings where resolutions are considered and voted on. Try to attend Conventions also. 3.7 Signing up members Union membership Every member who pays UNW dues is entitled to the protection and benefits of the collective agreement and to full representation by a Steward in case of grievances and other work-related problems. Every person who pays UNW dues is not, however, automatically a Union member with full entitlements. To be a full member, they must sign an application form. One of the Steward s roles is therefore signing up members so that they enjoy the full privileges of UNW membership. Membership gives workers a vote at meetings and on collective agreements. Membership makes them eligible to hold office or elect others; to attend training and courses, seminars, and conventions sponsored by the Union. Membership thus gives members a full voice in the Union Rand members Quite often you may hear about "Rands" or Rand members. These terms refer to workers who pay dues, but are not Union members because they have not signed an application for membership. The principle is they must still pay dues because they benefit from the collective negotiations and representation of the Union, just like the signed members do. Rands are so named after Ivan Rand, the judge who, in the 1940s, made a court ruling requiring all bargaining unit members to pay union dues. Rand members should always be followed up, by the Steward, for signing up as full members. However, note that the union cannot force any one to sign up, if they choose not to Excluded members 17

20 Some employee categories are not allowed to belong to the Union. The rules for deciding what positions are excluded are defined. For the GNWT, for example, the Public Service Act lists those positions which are excluded. These include Deputy Ministers, human resources and labour relations employees. For CIRB groups, excluded positions are listed on their registration certificate that is issued under the Canada Labour Code. Each Steward should keep a good supply of membership applications which are available from their Local officers and UNW headquarters. Send completed applications to the UNW which will print a formal membership card and return a copy of the application to the Local for recording purposes. A UNW member also receives a PSAC card since UNW is a Component of the PSAC. 3.8 Giving union orientation to new members Be sure to give new members sufficient background information about the UNW as part of their orientation e.g. their Local number, contact information, date of next meeting, meetings venue, your role as a Steward, etc. This interests and motivates them to participate more in union activities at an early stage. Avoid just signing up new members without providing them sufficient background information. Always check that every new member has a collective agreement (which is available from the employer). Members can also ask for translated copies of the agreement, if this is provided for in the agreement. You are also allowed time off with pay to provide orientation union. Confirm this with your collective agreement. Let new members know that they can get more information on their collective agreements if they attend UNW courses. Task: What does your collective agreement say about providing orientation to new members? Show the relevant article. If there is no such language, how do you plan to address the issue? What does it say about employees being provided the collective agreement? Show the relevant article. If there is no such language, how do you plan to address the issue? 18

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22 3.9 Handling problems Not all workplace problems are grievances. Sometimes your co-workers just have questions about the collective agreement, or want to clear misunderstandings. At other times they have a problem with management's interpretation of the agreement. Lots of times, though, they have a problem with supervisors. If you can, answer their questions fully. If you can t, offer to get the right answer. When it will help, talk to the people involved or set up a meeting. Often merely listening and advising is the answer Providing health and safety information The health and safety of workers are key concerns for the UNW. Therefore Stewards need to provide timely information to members, monitor the workplace and participate actively in health and safety issues. Canadian legislation 1 gives workers 3 basic rights: the right to know about hazards in the workplace the right to participate in identifying and correcting health and safety issues the right to refuse dangerous or unsafe work. Provincial and territorial legislation, such as the NWT Safety Act and Regulations, also provide basic health and safety standards. Some UNW Locals have Health and Safety committees who can provide you with information. Be familiar with heath and safety language in your Collective Agreement and have a general understanding of the NWT Safety Act and Regulations. Lastly, there is a UNW course covering Health and Safety. Register for this course today. Be informed and help others stay alive! Task: What does your collective agreement say about health and safety? Show the relevant article: If there is no such language, how do you plan to address the issue? 1 For example, Part II of the Canada Labour Code for federally regulated members and the NWT Safety Act for all others. 20

23 3.11 Interacting with supervisors Many workplace problems can be amicably solved through meetings with supervisors. The Steward has an important role in ensuring that this interaction is fruitful. Here are some tips for conducting successful meetings with management: Gather your facts first Keep cool during meetings and keep them business-like. Do not personalise issues Be confident, diplomatic and tactful Remember as a steward, you are on equal footing with the supervisors. Do not be intimidated! If the supervisor is too busy to see you now, ask (firmly) for an appointment. Do not be put off too long If it could mess up your time limits for filing a grievance, write a letter noting that the delay has been made at the supervisor's request If it looks like the delay will be too long, file the grievance. If you are able to settle the grievance, it can be withdrawn at any time. Sometimes management needs the extra push that a grievance gives. Grievances are discussed in full in the next section (4) of this Guide Task: Describe a meeting where you represented a Union member (or where you were represented by the Union). What worked well for you? What did you not like about the meeting/interaction with management? The most common types of meetings a Steward can expect to attend in their workplaces include: Disciplinary hearings Investigations Duty to accommodate meetings Joint union management committee meetings Health and safety committee meetings 21

24 4. ROLE OF THE SHOP STEWARD: HANDLING FIRST LEVEL GRIEVANCES 4.1 Duty of Fair Representation In labour law, there is a principle called the Duty of Fair Representation (DFR). DFR means that Union officials (including Stewards) must be fair, consistent, competent and professional and not act arbitrarily whilst representing members. This does not mean that you can not make a mistake. However, you should always act in good faith; with fairness, integrity, objectivity and honesty when dealing with all cases that you handle on behalf of the Union. You are expected to be unbiased against a member and act without hostility towards them. Following the approved grievance process and respecting time limits are also important parts of the Duty of Fair Representation. It is important to remember the legal requirement behind DFR: that all members have the right to fair treat by their union. The test applied in determining this requirement is really simple. When a union is challenged in a DFR situation, it will have to answer three basic questions. These are: Was the Union arbitrary i.e. did it act without reason or rationale? Did the Union discriminate against a member i.e. treat them differently? Did the union act in bad faith i.e. behave dishonestly or act against the affected member s best interests? Because it has a legal duty to represent, it is the Union which has the burden of proving that it acted fairly. You may have members of various cultural, religious, racial and other backgrounds - and even Rands - in your workplace. DFR calls upon you to fully represent them, in filing their grievances, for example, without regard to their background. In a November 2009 case illustrating the duty of fair representation, a Manitoba plant worker challenged a provision in his collective agreement cutting pension benefits to employees when they turned 65. His union representative checked with the union s lawyers who advised that the worker s case was weak. Based on this, the union decided not to grieve the case. Not satisfied, the worker sued the union. The union won the dispute after it was ruled that it was reasonable for a union to rely on its lawyer s advice. Source: HR Compliance, Volume 6 Issue 2, February

25 4.2 Grievances and complaints As the Steward, you are the first person that members will approach whenever they have a problem. Members may view every problem they have with management, supervisors or even co-workers, as a complaint or even grievance. Your first role as a Steward should be to distinguish problems so as to take the appropriate course of action. As shown below, grievances, complaints, concerns and other problems have different routes and processes for resolving them. A grievance is a complaint, made in writing, against action(s) or lack of action(s), of an employer in matters relating to the terms and conditions of employment. Every member has the legal right to grieve. A member who files a grievance is called the grievor. Grievances can be filed by one grievor (e.g. for unpaid overtime, suspension) or by a group of grievors. A Local can also file a grievance on behalf of its members. Similarly the UNW can also file group (or policy ) grievances. Grievances arise from 5 possible circumstances: violation of the collective agreement violation of past practice (i.e. a practice which has been observed at the workplace over time and to which neither the employer nor the union ever objected is accepted as normal ) violation of fair treatment (i.e. discrimanatory practices by the employer) violation of federal or territorial laws or regulations Violation of management policies On the other hand, complaints have legal definitions in the context of the various legislations that affect workers. For example, CIRB units can file a complaint under the Canada Labour Code for unfair labour practices. Individual members can file complaints with the NWT Human Rights Commission for discrimination. Some workplaces also allow workers to file job classification complaints, and so on. The complainant is a member who files a complaint. Task: Check your collective agreement to see if there is a complaint stage before filing a grievance: Ref. When a member comes to you with a complaint or grievance, try to have the matter resolved amicably first, without resorting to more formal means. The fact that a member approaches you shows that they are concerned enough to complain. Also take it as an indication that democracy works in your union and that members have faith in you. Take immediate action! 23

26 Sometimes a discussion with the supervisor concerned, for example, can get the problem addressed without filing a grievance. Through diplomacy, tact and by being firm yet fair, you can get a member s concern(s) addressed by management. An early settlement of problems adds to your reputation and authority as an effective Steward and also frees up time and resources to address major grievances at the workplace. As in all cases where discussions and negotiations are involved, your aim is always to obtain justice for your client without unnecessarily damaging your relations with the supervisors. You need to balance these two positions. 4.3 How do you recognize a grievance? Every complaint is not a grievance. The following guidelines will assist you distinguish between mere misunderstandings, concerns, complaints and genuine grievances. It is also a good idea to consult regularly with your Chief Shop Steward, the Local or UNW Service Officer to obtain another opinion and more information about a case before you. Ask yourself: Is there an article about this matter in your collective agreement? Is this therefore a violation of that agreement? Has any legislation or regulation been violated? Did management s action (or lack of action) violate the member s working conditions and/or their work environment? Is a letter of discipline involved? Does the matter involve a suspension or dismissal? If yes, call your Regional Vice President, Chief Shop Steward or Service Officer immediately Is the issue about poor performance appraisal? If the facts are inaccurate, grieve. If increment has been denied as a result, grieve. If bad opinions are included, you may grieve Is there discrimination involved? Check the collective agreement, the Charter of Rights or the NWT Human Rights Act or related legislation. You should also consult PSAC anti-harassment policies. If you are a GNWT member, contact the employer for a copy of their Workplace Conflict Resolution policy. If the answer is no in any of the above cases, there is a problem but not necessarily a grievance. In that case discuss with the member separate routes that can be taken to resolve the issue. A good rule to follow in deciding if there is a grievable case or not is to determine: What are the member s rights in the case? Have they been violated? Never brush off a member who has made a complaint, because if their concern remains unaddressed, they will lose faith in the union. If you are not sure what the answer is, 24

27 discuss with your Chief Shop Steward, Local or UNW Service Officer to get another opinion, more information and better guidance. If the issue seems to be a grey area and you are not sure how to proceed, give the member the benefit of the doubt, and also consult. 4.4 Grievance handling process The grievance is one of the most effective tools that workers have at their disposal to protect their rights. One of your responsibilities is to determine which rights have been violated, decide whether there are grounds for a grievance and to represent the member through the process. Even though grievances involve contentious issues and situations, and the process is stressful, they present an opportunity for members to be more involved in UNW activities and, therefore, it gives the Union visibility. This makes the UNW stronger. One of the best ways to win over members who are not really sold on the union is by winning grievances for them and others. By filing grievances, you are enforcing your collective agreement and thus safeguarding worker s rights. This encourages more members to stand up and fight for their rights. So in a way when members grieve, everybody benefits, including the employer. Always study your collective agreement and understand the grievance handling process well. Many collective agreements will have clauses: defining circumstances leading to grievances describing the number of steps to be taken identifying management representatives at each level outlining time limits for filing grievances suggesting time lines for transmitting to higher levels stating whether the grievor can skip a level, depending on the issue involved NOTE: The UNW has a useful handbook on the Grievance Process. Use that booklet together with this section of the Guide. As well, the PSAC Steward s Handbook is an excellent reference for grievances and other issues. Remember, however, that PSAC represents federally regulated employees as well. Both handbooks are available from the UNW. A typical grievance handling procedure has several levels (or steps), depending on the organizational structure. The first level is the lowest, and is the level nearest to where the grievance occurred. At the very end of the process is arbitration (also called 25

28 adjudication). Here, an impartial third party (called the arbitrator or adjudicator) hears arguments from both sides and makes a ruling which is binding on all the parties involved. Ideally, a grievance should be settled at the lowest possible level. This is because those closest to the dispute should be able to first try and settle. For the Steward, settling a grievance at the first level increases your reputation and reaffirms the authority of the Union. Should they fail to settle, however, the dispute moves up to the next level where representatives with more authority try and resolve it, and so on. However, even though it is necessary to send grievances up, it is acknowledged that the higher up the dispute goes, the more difficult it is to resolve because both sides now have more to lose. The final level for many grievances is adjudication/arbitration. NOTES: For example, since 1999, GNWT Collective Agreements have reduced the grievance procedure from three-steps/levels to two. The first step refers to the first level of management and the final level is the department s Deputy Head. Also some cases e.g. dismissals, are however allowed to go up to arbitration. What does your Collective Agreement say about levels/steps? Note the relevant Article/Clause below. What types of grievances can be referred to arbitration, under your collective agreement? 4.5 Watch your time limits When filing grievances, timeliness is important. Grievances can be lost by not observing time limits. Your workplace will have its own specific deadlines. Always consult your collective agreement for these time lines to avoid jeopardizing your case. Task: What time limits are set in your collective agreement? Show the relevant article(s) below: 26

29 4.6 Gathering information Recording facts Firstly, ask the member to sign an Authorization To Represent (see Appendix B for a sample). It is important that you get the member s permission to represent them. Next, fill out a Grievance Fact Sheet (see Appendix B). The Grievance Fact Sheet should be completed right away since it assists you to collect all the information about a problem, complaint or grievance. If possible, ensure that the grievor writes down the full story themselves, and that they sign and date it. This statement will help to refresh memories later, since some grievances can be prolonged. Also, the fact sheet might aid you and the Union later, should a member complain that they were not fairly represented. The completed fact sheet is a key part of the file. Remember also that the fact sheet is for union use only and information on it is not to be shared with the employer Interviewing the grievor It is important to talk to the grievor in detail to verify information or gather more evidence. Follow these guidelines for such discussions: Be open, clear and honest about the process. Make sure that the member is fully informed Do not make promises you can not keep or meet. If more time is required, say so Advise the member correctly: share both the good and bad news with them Listen carefully to what the member says; clarify facts that are not clear Write down information, dates, events, etc. in chronological order Ask probing questions (who, what, how, which, when?) to verify or clarify issues and get more details Distinguish between facts, opinions and hear-say. Facts are the most important in winning disputes. Do not rely on hearsay, gossip or opinions. Determine which facts are relevant to the matter Gather documentary evidence (e.g. memos, letters, etc) Identify and note management and union records that you will need to use Identify potential witnesses Double check your collective agreement Using the 6 W s to gather facts Be systematic while gathering information. This will make you look organized, gives you more confidence and helps you present your facts in a more logical manner. Remember, facts win grievances! Ask: 27

30 Who is involved? Get the member s details and those of the immediate supervisor What happened? Describe the violation(s) When did the act or omission take place? Include dates, times, how often, how long, etc. Where did it occur? Give exact location(s) and distance between locations if this has a bearing on the issue Why is this considered a grievance or complaint? State what provisions of the collective agreement, legislation, regulations or policies, etc have been violated Want? Say what adjustments are necessary to correct the injustice and make the member whole Finally, review the case again until you are satisfied that you have got all the facts. Check other sources of information as well, for example: other workers or witnesses supervisor(s) your Chief Steward the member s personal file(s) the collective agreement UNW files with past grievances (for precedents) legislation employer directives and policies UNW Service Officers UNW policies PSAC policies 4.7 Writing the grievance By definition, a grievance is in writing. After all the facts are gathered, talk to the supervisor or management also before presenting a grievance. This helps you to hear their explanation, to find out their point of view and you can determine their position before proceeding. After this stage, you can write the grievance. UNW Locals have 3 formats that they can use to file grievances. These are letter, forms or LabourWare. 28

31 a.) Letter style. An example is shown below: February 28 th, 20xx The Union of Northern Workers hereby files a 2 nd level grievance on behalf of Jane Doe. It is our position that the employer is in violation of Article(s) 15 and any other related Articles of the Collective Agreement, pertinent Legislation, and/or Regulations. On Friday February 21, 2003 the Employer gave Ms. Doe a 1-day suspension stating, as their reasons, her not having called in to her supervisor to indicate that she would not be in to work February 18, The Union believes the suspension to be excessive as Ms. Doe has worked for the Employer for 10 years and has not had any other incidents of such nature. Also Ms. Doe has stated that she left a message on her supervisor s voice mail that she would not be in and to call her if there was a problem. She received no such call. Redress shall be that the Employer makes Ms. Doe whole including, but not limited to, payment in full for the 1-day suspension and interest at prime plus 2%. Redress shall also be that all documentation leading up to the grievance and the grievance be removed from all of Ms. Doe s employment files, and that she does not suffer any further actions against her due to her having filed this grievance. Shop Steward cc: Grievor RVP Chief Steward Director of Membership Services, UNW Service Officer, UNW Received by Employer s representative (name) On (date), 20xx In the above example, the first paragraph outlines the violations and at what level the grievance is being filed. The second paragraph outlines what the violation is. It is usually best to be brief but concise. The third paragraph outlines the redress or the corrective action the employer must take. The catch-all phrases used, such as any other related Articles of the Collective Agreement, pertinent Legislation, and/or Regulations and make whole, including but not limited to are very important legal statements and should be used in all grievances. Do not try to make exhaustive lists because should the Union miss something, it cannot go back and ask for that omission later, or claim further violations. Sometime back, the UNW won a case in which the arbitrator ruled the employer had to pay interest at prime plus 2%. Therefore, ask for this in every grievance that may involve a monetary settlement. Also always ask that the employment files be removed of all documents related to the grievance. Use the words all employment files 29

32 because there is more than one employment file held on members. b.) A special form can also be used to file grievances. See Appendix B for a sample UNW Grievance Form. c.) LabourWare, which is a password-protected data base programme. However only the Local President, Vice President or Chief Shop Steward can be trained by the UNW in using the programme in order to protect data integrity and preserve confidentiality. Regardless of which of the 3 formats is used, always follow these guidelines: Shop Stewards have to work with their Local and Service Officers when filing grievances Grievances are filed either by a Local or the UNW Grievances should be addressed to the appropriate person (called the respondent). The first level respondent is the first level of management while the final level respondent is the Deputy Minister or Deputy Head, CEO, President, etc of the organization. Always consult your collective agreement for the levels State clearly that this is a grievance State what article(s), legislation or policy that the grievance violates Give a brief statement of the case. Do not make it too detailed or argumentative because later, during arbitration, the PSAC may need some freedom to design the best arbitration case State the redress sought i.e. what result the Union wants. Use phrases such as: o -"We require redress in full, including..." o -"compensation for all lost salary and benefits and interest" o -"have all files cleared of all references to the dispute" o - make the grievor whole. Let the grievor have a copy of the grievance Date and sign the grievance Keep a copy of the grievance for your files!! You should have a separate file for each grievance you handle. Proper documentation is important in each file. 4.8 Handing in the grievance Grievances should be submitted in a timely manner. Your collective agreement will indicate the various deadlines. Follow these guidelines: Hand the grievance to the member's immediate supervisor, manager or at reception Get a signed receipt (at the bottom of the grievance letter; for example) or make a note of the date it was hand - delivered. If the grievance is mailed, always send it by registered mail and keep the post office receipt as proof 30