SHOP STEWARDS HANDBOOK (2002) VERSION #2

Transcription

1 SHOP STEWARDS HANDBOOK (2002) VERSION #2 1

2 CONTENTS Your Rights and the Law 3 The Local Executive. 4 Labour- Management Consultation Committee.. 8 The Shop Steward s Role 9 Complaints Committee., Complaints and Grievances 15 Investigating a Complaint or Grievance.. 17 Grievances 21 The Grievance Process. 24 Grievance Hearing.. 27 Classification Grievances 30 Grievances: PSSRA Members 32 Staffing Actions for the Public Service 34 Safety and Health 39 Collective Bargaining 41 Reference Material.. 43 Shop Stewards Dictionary 44 UCCO/SACC-CSN Structure 51 2

3 YOUR RIGHTS AND THE LAW All members of the Union Of Canadian Correctional Officers- CSN are covered under the Public Service Staff Relations Act (PSSRA) and the Canada Labour Code (CLC). The law protects Union members by prohibiting UNFAIR LABOUR PRACTICES on the part of Correctional Service of Canada managers. Specifically, no person can use intimidation or threats to get you to give up your union rights; managers cannot discriminate against you in your job or interfere with the formation or administration of the union; and management cannot interfere with the union, or its representatives, representing the members (PSSRA, article 6 thru 10). Examples of INTIMIDATION AND THREATS are noting in your Personal Performance Review that your job performance is affected negatively by your union involvement. A manager threatening to take disciplinary action against you, if you continue to be involved in the union. If a pattern of discrimination becomes obvious in the following kinds of actions: UNEQUAL TREATMENT: assigning you more than your share of unpopular work ; for example, taking away the more preferred parts of your work or post assignments; a manager hassling you about completing work assignments while the same manager is more flexible with other employees work assignments. UNFAIR TREATMENT: For example, a manager assigning you more or less work than other employees with similar job classifications. Or a manager decides that your job performance is no longer satisfactory even though it hasn t changed. It s important that you supply enough evidence (documentation) to build and support a sound case. * Keep a record of all the remarks and incidents that you think were intended to intimidate you. * Note the Dates, Times and Places when these remarks were made and incidents took place. * Note any and all witnesses who overheard the remarks or were present during the occurrence and get written statements from them. * Keep copies of damaging letters, memos, s, etc. * Tell others that you can trust (like other Union Officials) about your concerns as soon as possible. * Consult with your CSN Regional Union Advisor and/or a member of your Regional Executive. 3

4 THE LOCAL EXECUTIVE The Local Executive has the responsibility to develop and organize an active membership in their Local. This is achieved by providing their membership with the services offered by the Union, solving problems that arise between the employee and the employer at the worksite, organizing the Local in Union campaigns and issues and promoting member education and involvement in Union activities. LOCAL OFFICERS AND RESPONSIBILITIES: usually the number of members in the Local determines the number of Local Executive Officers. A typical Executive includes a President, Vice President, Secretary, Treasurer, Grievance Coordinator and Shop Stewards (one Steward for every 25 members). While all Local Officers have specific responsibilities and duties, all of the Local Executive share the major task of ensuring that the membership is viable and actively participating in Union activities. THE MAIN DUTIES OF: THE PRESIDENT * Chairing Executive meetings and general meetings. * Acting as official representative for the Local. * Ensuring that the Local runs smoothly. * Attending the regional executive meetings. * Attending meetings with the Local employer. * Transmitting information obtained in the regional executive meetings to the members of the Local. * Periodically transmitting information to members when meeting them in the workplace. * Staying abreast of the Local union s internal affairs. * Ex-officio on all Local committees. * Being responsible for representing the Local in all regional meetings. * Convening meetings of the Local. * Being a delegate at the General National Assembly. * Voting in the event of a tie vote. 4

5 THE VICE PRESIDENT * Acting for the President if the latter dies, resigns, is suspended, or is unable to act as president. * Assisting the Secretary in handling the correspondence. * Assisting the Communications delegate in setting up an effective communications system in the Local. * Giving information to members when meeting them in the workplace. * Assisting the Grievance Coordinator, if necessary. * Attending to training. * Carrying out any other duties that may be conferred on him/her by the executive. THE SECRETARY * Preparing the minutes of the Local s meetings. * Handling all correspondence for which he/she is responsible. * Drafting letters and documents at the request of the executive. * Setting up a functional filing system for correspondence. * Keeping the membership list up-to-date and having the membership form signed by new members. * Keeping the books, papers, effects and documents of the Local, and making sure they are up-to-date. * Carrying out any other duties that may be conferred on him/her by the executive. * Planning office supply purchases such as stationary and office equipment, in accordance with the budgets. * Keeping up-to-date inventory of the Local s assets. THE TREASURER * Preparing the annual budget, having it audited by the Regional Treasurer, and presenting a financial report to the executive and to the members at the Local 5

6 annual meeting. * Making all payments by cheque. * If the Local so authorizes, keeping the petty cash up-to-date, which may not exceed $ * Keeping the ledger books for the Local up-to-date. * Presenting a financial report to the executive at all monthly meetings. * Within seven days of receiving a written request by a member, the treasurer must open the ledger books and all financial files in the member s presence, to let the member become acquainted with the Local s financial status. * After verifying with the President, checking and approving payments and expense claims. * Keeping copies of financial documents, in accordance with the law. THE GRIEVANCE COORDINATOR * Responsibility for the file on complaints and grievances. * Responsibility for grievance and complaint hearings at the Local level. * Keeping the jurisprudence up-to-date and setting up a documentation centre on the various labour laws and issues related to adjudication. This shall be incorporated into the regional and national files. * Responsibility for cases involving industrial accidents, occupational diseases, and appeals for the Local. * Sitting on the Regional Grievance Committee. * Informing the Local s executive about the latest developments in grievances and complaints, at the monthly meetings. THE SHOP STEWARDS * Advising members and directing them toward the appropriate resources. * Participating in all executive meetings. * Reporting members concerns to the executive. * Researching various documents as requested by the executive. 6

7 * Carrying out any duties that may be conferred by the executive. * Staying abreast of union affairs. * Representing members at Local grievance hearings. HEALTH AND SAFETY DELEGATE * Responsible for occupational health and safety. STATUS OF WOMEN DELEGATE * Responsible for representing women by promoting their specific interests. COMMUNICATIONS DELEGATE * The duty of the communications delegate is receiving and forwarding all documents. Executive positions may be combined as required, however there must be a minimum of three (3) Executive Officers, within a Local, in order for a Local to be considered as viable. COMMITTEES In order for the Local Executive to develop an active membership, the membership must be encouraged to participate in the affairs of the Local and address the issues that are important to the Local membership and the Union in general. Setting up committees to undertake specific activities ensures that the members to get involved and take ownership of their Union, and lessens the workload on the Local Executive and achieves the most successful results. MOST IMPORTANTLY, ACTIVE PARTICIPATION BY THE MEMBERS MEANS THAT THEY TAKE OWNERSHIP OF THEIR UNION. 7

8 LABOUR- MANAGEMENT CONSULTATION COMMITTEE Local Labour-Management Consultation Committees are set up and organized to help solve problems in the workplace. Labour-Management Consultation provides an opportunity for the union and management to engage in a meaningful discussion on issues of concern to either party. All participants, Union Officers and managers, are considered of equal status during these consultations. (For example, you and the Warden have an equal voice in these consultations.) TYPES OF PROBLEMS Labour-Management Consultation Committees can discuss any matters that affect your membership and their working conditions. The only exception is a topic that could lead to altering or changing the intent of the Collective Agreement. Subjects that can be discussed at these meetings are listed in your Collective Agreement. Typical subjects include, but are not limited to: Scheduling of Vacation Leave, Scheduling of shifts, Working conditions, Training and Health and Safety issues, to name a few. THE ROLE OF THE SHOP STEWARD AT L.M.C. COMMITTEE MEETINGS As a Shop Steward it is your right and responsibility to attend Labour- Management Consultation Committee meeting whenever possible. You are a member of your Local Executive and are there to represent the membership. Familiarize yourself with the operation of the Committee at the Local level and with its members, both Union side and the management side. It is important that you inform the members of the matters discussed and the decisions reached at these Committee meetings. You should receive a copy of the minutes taken at these meetings. You should always be up-to-date on what is happening at these meetings, whether or not you were in attendance, and pass this information along to the membership. This will enhance your effectiveness as a union representative and your credibility amongst the membership. REMEMBER, INFORMATION IS POWER. 8

9 THE SHOP STEWARD S ROLE Generally, the Shop Steward should the most visible Official of the Union in the workplace. The Shop Steward is, on a day-to-day, bases the Union Officer who works with and interacts with the members and represents them. The Shop Steward s main responsibility is to enforce the Collective Agreement and protect the Members rights under the Collective Agreement. As a Shop Steward, you are the Union Officer who acts as the liaison between the membership and the rest of the Local Executive. It is your job to make sure the Members concerns are being brought to the Local Executive and to ensure that the Members know what actions the Union and the Local are taking on their behalf. The shop Steward is a key position within the Union structure. You are a member of the Local Executive and you are the link between the Executive and the membership. IF THE FOUNDATION IS STRONG THE REST OF THE STRUCTURE IS SECURE! THE SHOP STEWARDS JOB One of the Shop Stewards most important responsibilities is problem solving. The Shop Steward is more than a grievance and complaints processor. The majority of your time as a Shop Steward will be dealing with people. Members, other Executive and Management, here are some suggestions which may help you in your daily contacts with people: * BE INVOLVED: Work with people on their problems no matter how large or small. * BE ENTHUSIASTIC: Be able to involve members in the union because of your own involvement. * BE FAIR: Listen to all points of view carefully. * BE FRIENDLY: Be prepared to listen to the members complaints, problems and successes. * BE EFFICIENT AND EFFECTIVE: Securing the facts and seeking justice in a fair manner with the least delay possible. * BE KNOWLEDGEABLE: Know and understand the Collective Agreement, the Acts and Regulations, the UCCO Constitution, Know about your union, its resources and how it works. 9

10 WHAT YOU NEED TO DO BE AN ORGANIZER: Your goal should be to get every member you deal and work with to be MEMBERS IN GOOD STANDING in the Union by having them sign their membership cards and pay their initiation fee. When a new Correctional Officer starts at your workplace, introduce yourself as a Union Representative as soon as possible. Explain what the Union is and how it operates. Introduce the new CX to other members of the Union Executive. Have the new CX sign their membership card as soon as possible. GET YOUR MEMBERS INVOLVED! Develop membership participation in their Union by encouraging the members to take part in Local Union Meetings and requesting members to volunteer to be a part of Union Committees and activities. Know who s at the workplace, their membership standing, their UNION interests and their objections to the Union, if any. REMEMBER, BEING FRIENDLY MAKES FRIENDS! BE AN EDUCATOR: Discuss Union issues with the members. Talk about what the Union is doing and explain why they are doing it. Encourage members to get involved in Union activities and to voice their concerns. Provide members with Union publications, such as Local Newsletters, National Information Bulletins, Collective Bargaining Updates, Health and Safety Newsletters, etc. Inform members about upcoming Meetings, Training Courses and Union Activities and encourage them to become involved. Attend Union courses yourself and share the knowledge you have gained with your members. Know how Government Policies and Legislation affect you as an employee and as a Union member. Share this information with your members. Encourage participation in Committees, Community Campaigns and Volunteering in Charitable Activities. LEAD BY EXAMPLE! 10

11 BE A COMMUNICATOR: Ensure members are kept informed and that they read notices on the Union Bulletin Board and know about management s plans and decisions and new policies. Refer members to the appropriate person or agency to assist them is solving their problems. For example, the Employee Assistance Program (EAP), Critical Incident Stress Management (CISM), their Health and Safety Representative, etc. Listen to the problems that concern your members. Assist them in finding solutions to these problems or direct them to the appropriate person that can assist them. BE A LEADER: Talk to your members, discuss issues with them and ask for their input on issues, and suggest possible courses of action to resolve issues that involve them. Don t be afraid to speak on behalf of the members you represent. Act promptly, to resolve problems, and keep your word. DO NOT PROMISE WHAT YOU CANNOT DELIVER! BE A PROBLEM SOLVER: You are the members closest Union Representative at the workplace and, therefore, you will be the person the membership approach when they have a problem at work. It is important that you, when possible, handle complaints and grievances, so you are aware of the problems and issues that your members face on the job. As a Shop Steward, you are not expected to know all the answers, however you are expected to be able to find the answers or direct members to the appropriate resource person. In a timely manner, you must communicate the answers, back to your members. You learn your job as Shop Steward through study, experience and discussion with the Grievance Coordinator, other Executive members, more experienced Shop Stewards. You can educate yourself by reading past grievances and adjudication/arbitration cases, since it is important to know, not only what the Collective Agreement contains, but also how it is interpreted. When you find the answer, go back and solve the problem. By doing this you will gain confidence and the respect of your members. 11

12 WHAT YOU NEED TO KNOW: 1) THE COLLECTIVE AGREEMENT: Have your own copy of the Collective Agreement and have a good working knowledge of it. Discuss the Collective Agreement with other Shop Stewards and Executive members so you understand it and how it is interpreted. 2) KNOW MANAGEMENT POLICIES AND DIRECTIVES: Reference Treasury Board Directives and Policies and the Treasury Board Manual (TBM), Commissioners Directives (CD s), Standing Orders, Standard Operating Policies (SOP s), the Financial Administration Act (FAA) and any other act or policy which effects your work. All of these acts and policies can be found on the INFONET at work or on the INTERNET on you personal or Union Computer. 3) LABOUR LEGISLATION: Have a basic understanding of the Canada Labour Code (Canada Labour Code Part II). 4) WORKING CONDITIONS: Know your workplace and how things should be working. Be aware of conditions that may result in management s violation of clauses in the Collective Agreement, or of Safety regulations. Do something about it before severe problems occur. 5) CONSTITUTION: Read and understand your UCCO/SACC-CSN Constitution and keep your own copy. 6) MEMBERS: Talk to your members and get to know them as individuals. (Know their strengths and weaknesses) 7) SUPERVISORS: Get to know your supervisors and how they manage. (Know their strengths and weaknesses) 8) LOCAL UNION MEETINGS: Attend Local Executive and General Meetings. Listen to what is being said and provide constructive input. 9) UNION RESOURCES: Know your Local, Regional and National resource people. That is what they are there for, to assist you and point you in the right direction. THE IMPORTANT THING IS THAT YOU FIND THE ANSWER AND GET BACK TO THE MEMBER IN A REASONABLE AMOUNT OF TIME WITH THE INFORMATION. 12

13 WHAT YOU NEED TO HAVE In order to carryout your responsibilities you will need your TOOLS with you. Have a place at work where you will have them readily accessible. 1) YOUR COLLECTIVE AGREEMENT: Having a general knowledge of the contract is essential, but when answering a question about the contract, you must look at the entire article, word-by-word, its relation to other articles in the contract as a whole. Obtain you own copy of the Collective Agreement. 2) LEGISLATION: Have a copy of the Canada Labour Code Part II as well as the Corrections and Conditional Release Act (CCRA) and have a basic understanding of their content. 3) A LIST OF YOUR MEMBERSHIP: It is important to know who are Members in Good Standing, also to have their home phone numbers in case of emergencies and Union activities. 4) GRIEVANCE FORM AND TRANSMITTAL FORMS: These forms are available from your Local Union Office or from your Regional Union Office. Having a ready supply of these forms will assist you in servicing your membership in a timely and professional manner. 5) UCCO/SACC-CSN INVESTIGATION FORM: When you are approached by a member with a complaint or grievance, put the information down in writing on the Investigation Form immediately. Don t rely on your memory or the members memory for details. Ensure that you have a good supply of these forms on hand. 6) A LIST OF YOUR LOCAL EXECUTIVE: This list must include their home phone numbers so that you can contact them for advice and assistance as required. 7) A LIST OF RESOURCE PEOPLE: At the Local, Regional, National levels and in your community, with addresses and phone numbers, as well as a brief description of the services they provide. 8) THE UCCO/SACC-CSN CONSTITUTION: A question about Union policies and procedures can best be answered with the facts in front of you. 9) THE SHOP STEWARDS HANDBOOK: A quick reference to assist you and provide you with direction. 13

14 COMPLAINTS COMMITTEE (LOCAL) Local Complaints Committee Meetings provide a forum to discuss grievances, complaints and /or problems that appear over interpretations of the Collective Agreement, policies or legislation with more experienced Shop Stewards. These meetings can also provide an excellent educational opportunity to create and understand Union policy, discuss new labour legislation and recent adjudication/arbitration decisions, and prepare a report for the Regional Grievance Representative on suggested changes and improvements. The Local Complaints Committee Meetings are also a good place for the Shop Steward to learn about anticipated action by the Local, Region and/or National levels, as it relates to grievances or complaints, so that they can inform the membership. It is a good idea for Shop Stewards to canvas their membership and get views and suggestions about grievances, planned Union activities. Involve the members in the decision making process when ever possible. Part of the Local Complaints Committees responsibilities is to identify issues and specific cases to be taken forward to the Regional Complaints Committee. The Regional Complaints Committee is comprised of the Grievance Coordinators from each Local in the Region. 14

15 PROBLEM SOLVING: COMPLAINTS AND GRIEVANCES As a Shop Steward, you are the first person a member will approach when the member experiencing a problem(s) in the workplace. That member is relying on you to help solve the problem, or direct them to someone that can. Members, generally, present their problems as complaints against the way they are being treated in the workplace by management. You, as the Shop Steward, must be able to identify the most appropriate problem-solving process to deal with the problem. In some circumstances, you and the member may decide to try to resolve problems in an informal discussion with a manager. This has the advantage of finding out the other party s point of view and explanations before you proceed with another problem solving resolution process. If problems can be resolved in an informal, timely and satisfactory manner, then this is usually the preferred resolution process. Remember, resolving problems, at the lowest level, is the goal of all Union Officials. It is, however, the decision of the member as to whether or not they are satisfied with the resolution. If you choose to try to resolve the problem informally, remember to prepare your case thoroughly and have any and all documentation, if possible, ready to prove your points and refute any false claims that the other party may make. An early settlement of a problem adds to the shop Steward s reputation and authority and it leaves the grievance process available if the problem arises in the future with similar circumstances. If a satisfactory settlement cannot be reached informally, a grievance should be prepared and submitted as soon as possible. FORMAL COMPLAINTS: Be aware that COMPLAINTS have legal definitions in the context of various pieces of legislation that affect our members. Some examples of these are: * A complaint can be made against Unfair Labour Practices as defined in the Canada Labour Code and the Public Service Staff Relations Act. * A Human Rights Commission complaint can be filed on the grounds of discrimination under the Human Rights Code. 15

16 * A complaint can be made against the Treasury Board against a deployment and reverse order of merit application. * A Public Service Commission (PSC) complaint can be made on such matters as Abuse of Authority and Harassment by a Manager(s). As a Shop Steward you may not have to handle these types of complaints, however you should familiarize yourself with them so that you can suggest options to members who approach you with questions or that are asking for advice. IDENTIFYING A GRIEVANCE: A Shop Steward should ask the following questions to determine the appropriate problem solving route to take: 1) has the Collective Agreement been violated? 2) Was the member disciplined in any way? 3) Have any Acts or Legislation been violated? 4) Have the employer s policies been violated? 5) Did an action or lack of action on the part of management affect the members terms and conditions of employment and/or their work environment? If the answer to the any of the previous questions was YES then proceed with a grievance. If the answer to all of these questions was NO then you may have a problem to deal with by a separate process, but not a grievance. Discuss with the member other possible avenues of resolution. If you are uncertain how to proceed, explain to the member that you are not sure how to proceed and that you will seek assistance from another Shop Steward, the Grievance Coordinator or an other Executive Officer. When you have discussed the problem with whom ever you go for assistance, get back to the member as soon as possible and report on your discussions. It is important to keep the member informed at all times. DO NOT promise action when you are unsure if there is a basis for the complaint. If the answer is that there is no basis for a grievance and the member remains convinced that there has been a violation of the Collective Agreement, then advise the member that your decision not to initiate a grievance can be challenged through the Local Executive and /or the Regional Executive. 16

17 INVESTIGATING A COMPLAINT OR GRIEVANCE As a Shop Steward, it is your job to listen to the problem, investigate it in order to prepare your case and determine the appropriate course of action. If the matter is dealing with Employment Insurance (EI) or the Worker Compensation Board (WCB), refer the member to the Regional CSN Union Advisor. This is their area of expertise. ` It may be a matter that should be brought up at Local Labour- Management Consultation Committee (LMC) or a problem that could best be resolved by the Employee Assistance Program. Whatever the problem, it is your job to listen, investigate and decide on the appropriate route to use to solve the problem as quickly as possible with satisfactory results. GATHERING THE FACTS: When a member approaches you, with a problem you should always fill out an UCCO/SACC-CSN INVESTIGATION FORM and write down all the pertinent information immediately. This form is available from your Grievance Coordinator. Make sure you have a good supply on hand in order to deal expeditiously with the investigation. The INVESTIGATION FORM is an important tool. The purpose of the Investigation Form is to assist you in collecting all the relevant facts clearly, completely and accurately relating to the problem. Make sure the member writes down his/her fully statement, have the member date and sign their statement. Memory often recedes with time and this statement will serve as a reminder of the facts, before the hearing. It is also the document that contains the information you will need to decide whether or not to initiate a grievance. This can occur at any step or level of the process. It is important that you use the Investigation Form to document the reasons for not processing a grievance if that is the decision. The member has the right to know the reasons and to challenge the decision to the next level of the union should this wish. This process provides a method of recourse to correct honest mistakes as well as an insurance against unfair representation. Members that are aware of the union internal appeal process have no grounds to launch Public Service Staff Relations Act complaints of failure to represent fairly against a Shop Steward or Union Local. The importance of having a complete file is extremely important. Grievances are often won or lost depending on the facts or lack there of, this means DOCUMENTATION. If the grievance proceeds beyond the first and second levels of the grievance process, the person handling the grievance will require all the information they can get. 17

18 REMEMBER, IF THE GRIEVANCE PROCEEDS PAST THE FIRST LEVEL IT IS POSSIBLE THAT SOMEONE OTHER THAN YOU WILL BE HANDLING THE GRIEVANCE. THAT PERSON REQUIRES ALL THE INFORMATION POSSIBLE, AS THEY MAY NOT KNOW THE GRIEVER OR THE SITUATION FIRST HAND. REMEMBER THE 3 D s: DOCUMENTATION! DOCUMENTATION! DOCUMENTATION! NOTE: THE UCCO/SACC-CSN INVESTIGATION FORM IS FOR UNION USE ONLY. AT NO TIME SHOULD OR WILL MANAGEMENT BE GIVEN ACCESS OR A COPY OF THIS FORM. THE INFORMATION WRITTEN ON THESE FORMS ARE FOR UNION USE ONLY. When interviewing a member and filling out the Investigation Form: 1) explain the why and what you are doing. Make sure that the member is fully aware of the process and various steps and time limits of the procedure. Be sure to emphasize to the member that this is their grievance/complaint and their responsibility to ensure time frames are met and all pertinent information and documentation is provided. 2) Listen carefully to the member s statement. 3) Write down the information and points and events in chronological order. 4) Ask questions for clarification or additional information. Remember, you will not be the only one reading the form you are filling out. 5) Distinguish between FACTS and opinion. Only enter the FACTS. 6) Determine which FACTS are relevant to the matter under discussion. 7) Note management and Union records you will want to reference. 8) Note people you will want to interview, such as potential witnesses or others that may have information pertinent to the investigation. 9) Check and recheck the Collective Agreement. FACTS WIN GRIEVANCES!!!!!!!! 18

19 WHO: is involved? The member s full name, job title and job classification should be noted. The name(s) and title of anyone else involved should be noted. WHAT: happened that caused the violation? Withholding Leave? Disciplinary Action? Unfair treatment compared to other employees? WHEN: did the incident that led to the problem occur? Include times and dates and, if applicable, how often and how long? WHERE: did it occur? Give exact location the event occurred in. WHY: Has there been a violation of the Collective Agreement, an arbitral award, an Act, the employers regulations and/or policies, past practices, etc? WANT: This is the Corrective Action requested. Ask for redress in full in order to make the member whole (money back, files cleared). If you want a hearing at each level, request it. RECHECK: review your case. Have you got all the facts from the member and witnesses? Keep asking questions until you get all the information you require. OTHER SOURCES OF INFORMATION TO CHECK: OTHER EMPLOYEES WITNESSES OTHER SHOP STEWARDS AND UNION OFFICERS they can provide ideas about similar grievances in the past. MEMBER S PERSONAL FILE UNION RECORDS COLLECTIVE AGREEMENT LOCAL GRIEVANCE FILE for precedent cases. LEGISLATION acts and regulations that may be relevant. EMPLOYER DIRECTIVES AND POLICIES TREASURY BOARD MANUALS (available on the internet) ANY OTHER DIRECTIVE AS OUTLINED IN ARTICLE OF THE COLLECTIVE AGREEMENT REGIONAL REPRESENTATIVES OF UCCO/SACC-CSN REGIONAL UNION ADVISORS OF CSN ALWAYS DISCOURAGE A GRIEVOR FROM DISCUSSING THEIR PROBLEM WITH MANAGEMENT UNLESS YOU ARE PRESENT. 19

20 NOTE: THE GRIEVANCE PROCEDURE AND TIME LIMITS ARE FOUND IN ARTICLE 20 OF THE COLLECTIVE AGREEMENT. TIME LIMITS!!!! TIME LIMITS!!!! TIME LIMITS!!!! TIME LIMITS!!!! TIME LIMITS!!!! 20

21 GRIEVANCES The grievance is an effective tool available to members to protect their rights. Definition: a grievance is a complaint, in writing, against actions or lack of action, of an employer in matters relating to our terms and conditions of employment. The right to grieve is a legal right outlined in the Public Service Staff Relations Act. The initial handling of grievances is the responsibility of the Local and is one of the most important functions of the Shop Steward. As a Shop Steward, it is your job to make the decision as to which rights have been violated and to determine whether a grievance exists. Grievances arise out of problems, complaints and discontent from the membership. Grievances involve the member in the operation of heir Union. Grievances deal with problematic issues and situations, they are an opportunity to involve members in the Union and to show them, in a tangible manner, the strength of the Union. As the Union Representative your attitude towards grievances influences those of your members. The Collective Agreement exists to protect the members, but it can only do so if it is enforced. As a Shop Steward, your care in maintaining employees rights under the Collective Agreement will persuade your membership to stand up and invoke their own rights. TYPES OF GRIEVANCES 1) AN INDIVIDUAL GRIEVANCE: this type of grievance is filed where an individual matter is involved--- especially if individual financial redress is sought, for example, overtime, financial penalty or suspension. This is the most common type of grievance. 2) A GROUP GRIEVANCE: this type of grievance is filed in instances where a group of employees have been affected in the same way by a decision of management and are seeking the same redress. In this type of grievance all of the members names are attached to the grievance. An example of this type of grievance would be if management cancelled all vacation leave for all staff for a specific period of time. The Collective Agreement is the first place to look to see if the problem is a grievance. If it is clearly a violation of the Collective Agreement, then the grievance should be easy to prove. However, if the grievance involves an interpretation of the Collective Agreement, it may not be as easy to prove. 21

22 THE GRIEVANCE PROCEDURE Your Collective Agreement contains a section on the grievance procedure, this is ARTICLE 20. Read it, study it and know it. Grievances can be lost by not following the correct procedure and by not observing time limitations. MANY GRIEVANCES ARE LOST BECAUSE TIME LIMITS ARE NOT KEPT The Grievance Procedure will include the number of steps to be taken, who the manager representative is at each level of the procedure and the time limits for filing a grievance and transmitting the grievance to the next level. These steps MUST be adhered to. The advantages of settling a Grievance at the lowest possible level are three fold. 1) The member receives his/her justice in an expedient manner. 2) Add to the reputation and the authority of the Union with the members and management. 3) Settling grievances at the lowest possible level leaves more time for Local Officers and members to work on other Union issues. ADJUDICATION/ARBITRATION Adjudication/Arbitration is the final step of the grievance procedure. This type of Hearing is before an impartial third party, usually a single Adjudicator or Arbitrator appointed by virtue of the applicable labour legislation (i.e. the Public Service Staff Relations Act) unless the Collective Agreement provides otherwise. The Adjudicator or Arbitrator hears the case and then writes a decision that is binding on all parties (Union and management). The Adjudicator/Arbitrator has the authority to interpret the Collective Agreement only as written. They are not allowed to amend, alter, add to or delete any provisions contained within the Collective Agreement. The Adjudicator/Arbitrator is also restricted to dealing with the grievance as presented. For this reason, the Union requires only general statement of the grievance on the grievance form so that they are not restricted to a single clause or section of the Collective Agreement. The Griever DOES NOT require the approval of the bargaining agent on a grievance that does not relate to the interpretation or application of a provision of the collective agreement or an arbitral award. A grievance relating to the interpretation or application of a provision of the collective agreement or an arbitral award MUST HAVE THE APPROVAL OF THE BARGAINING AGENT (UNION). 22

23 REMEMBER THE KISS PRINCIPLE Keep It Simple Silly 23

24 THE GRIEVANCE PROCESS WRITING A GRIEVANCE: It s time to write a grievance. UCCO/SACC-CSN provides Grievance Presentation Forms, however, if a form is not available a written grievance presented in letterform on a piece of paper is valid. Make sure to keep a copy of the grievance. A great deal of documentation may accumulate, it is therefore essential to open a file for each grievance and keep these files in a secure location. The Grievance Presentation Form is simple to use and is in a Step-by- Step format. When assisting a member in writing a grievance, specific attention should be paid to the Details of the Grievance and Corrective Action Requested portions of the Grievance Presentation Form. DETAILS OF THE GRIEVANCE: This statement should be short, simple and to the point. DO NOT include arguments. DO NOT limit yourself when citing articles of the Collective Agreement. Reference to the Collective Agreement or any other Act or Legislation should be general so as not to restrict the Adjudicator/Arbitrator to the application or interpretation of a single clause or section of the Agreement. Since many clauses and sections are interrelated, failure to remain general may cause the case to be lost. A BAD EXAMPLE OF A GRIEVANCE: I am grieving the unfair treatment I received from Correctional Supervisor Jones. I would like to know why I was not paid overtime for the extra hours I worked on July 10 th. I started work at 0700 hours and finished work at 1900 hours on the same day. I have witnesses to prove I was working the whole time. When I approached Correctional Supervisor Jones he told me to take the matter up with my own Supervisor Smith. When I approached Correctional Supervisor Smith she told me I would have to straighten the matter out with Correctional Supervisor Jones, as Supervisor Jones was the Duty Correctional Supervisor for the Evening Shift. To this day I have not been paid the money that is owed me as per Article of the Collective Agreement. A GOOD EXAMPLE OF A GRIEVANCE: I grieve Managements refusal to pay me overtime on June 10 th as per the Collective Agreement. 24

25 The difference between the two grievances is that in the Bad Example the member is giving an oratory on what happened. In the Good Example the member keeps it simple and leaves the grievance open for the Shop Steward to build a case using other Articles of the Collective Agreement and introducing only the evidence the Steward and the member decide will aid their case. CORRECTIVE ACTION REQUESTED: The Corrective Action Requested should state precisely what the Griever wants done to correct the situation giving cause to the grievance. Be SPECIFIC. Make sure to include ALL the redresses wanted which will make the Griever whole again. A BAD EXAMPLE: I request a complete review of the situation, a full explanation and an apology in writing from Correctional Supervisor Jones. A GOOD EXAMPLE: I request (1) Full payment for the hours of overtime worked at the applicable Overtime rate. (2) That I be compensated for all benefits applicable to overtime hours (3) That I receive a written apology from Correctional Supervisor Jones. (4) Any and all other financial compensation due me pursuant to any Law. The difference between the two examples is in the Bad Example the member did not ask to be paid for the overtime. Secondly, if this grievance went to Adjudication/Arbitration the Adjudicator/Arbitrator can only award what has been requested. Therefore if the grievance were won, all the member would receive would be a written apology. In the Good Example the member asked for specific payment, which was the intent of the grievance in the first place. Also the member left it open to the Adjudicator/Arbitrator to award the member with other financial payment such as punitive damages if applicable. BE CAREFUL OF WHAT YOU ASK FOR, YOU MAY GET IT. 25

26 When the form is completed, the grievance is presented to your Personnel Department or a Manager authorized to receive grievances, this person is to provide you with a dated and signed receipt stating that the grievance was received. Usually this is a copy of the grievance signed by the management representative and dated. The Personnel department will assign each grievance a Reference Number, this number should be written on the grievance in the space provided. At this point the Shop Steward should provide copies of the Grievance, copies of the Receipt and copies of the Grievance Investigation Form to the following persons. 1) The Member (copies of the grievance and the receipt only) 2) The Grievance Coordinator 3) Keep one for your files Management s Reply to the grievance will be in writing and sent to both the Grieving Member and the Shop Steward who filed the grievance. It is your responsibility to forward a copy of Management s Response to the Grievance Coordinator. This must be done to insure that the Grievance file is kept up-todate. You should always keep the Griever informed about the status of their grievance and any responses that you receive. TRANSMITTAL OF THE GRIEVANCE: You should transmit the grievance to the next level in the grievance process: 1) When management s decision or settlement is not satisfactory to the Griever, or 2) When a reply has not been received within the time limits set out in the Collective Agreement, and there have been no mutually agreed time extensions. As with the Grievance Form, the Transmittal Form is to be presented to your Personnel Department or a Manager authorized to receive Grievances, this person is to provide you with a signed and dated receipt of the Transmittal. Remember to include the Grievance Reference Number on the Transmittal Form, in the space provided. You should, as with the grievance Form, provide the following persons with a copy of the Transmittal Form. 1) The Member 2) The Grievance Coordinator 3) One copy for your files 26

27 THE GRIEVANCE HEARING BASIC POINTS TO REMEMBER IN PREPARING YOUR CASE: 1) If you don t have FACTS you don t have a case. 2) Any and all statement of fact raised by management is checked thoroughly before you attempt to answer it. 3) If a contradiction in statement of facts exists, try to obtain clarification. 4) Present all the facts of the case at the earliest possible step in the grievance procedure. Do not withhold any information until a later step. It is important to settle the grievance at the lowest level as soon as possible. 5) Support your facts. Use the Collective Agreement, past management practice and adjudication/arbitration awards. 6) Recheck your case to make sure all possible questions have all been answered. Remember many adjudicators/arbitrators will reject new issues at an adjudication/arbitration hearing. 7) CAREFULLY recheck the Collective Agreement and its interpretation. 8) Keep complete written records of all information, actions and hearings. This will provide resource materials for future cases and may be necessary if the grievance is transmitted to higher levels. POINTS TO REMEMBER IN PRESENTING YOUR CASE; 1) When you and the manager meet to discuss a grievance or complaint, you are of equal status. 2) When presenting the case to management, never say, I contend It is my position that always say, The union contends It is the position of the union that Do not make the presentation personal, be professional. Present only the facts, do not include personal statements or threats. 3) A good procedure to follow in presenting your case is: a. State the facts. Simply tell the story of what happened. b. Answer all questions raised by management to date, whether they are verbal or written. c. Finally, advance your position by raising proper questions, relative to the Collective Agreement, past practice, adjudication/arbitration awards, etc. 4) Anticipate the manager s objections. Try to figure out a head of time management s responses to the grievance and be prepared to give them answers to any possible questions. Management may have information about the grievance that you don t have. Request clarification and listen carefully to the answers. Even if you don t agree with their point of view, 27

28 it is good to let them talk, they may provide you with information you did not have. 5) Let management talk. Be a good listener. Many Shop Stewards talk themselves out of a case by not knowing when to talk and when to listen. It is up to management to prove that there case. Don t be afraid to ask questions. Demand to be heard without interruption when it is your turn to talk. Give management the facts. If they disagree, don t retreat. Agree on what facts you can and then explain carefully the exact issue or issues on which you disagree. 6) Stick to the point. Management may try to sidetrack you by leading you off the topic. Let them talk themselves out, but don t be diverted from the issue. When they have finished, bring the topic back to the facts of the individual grievance at hand and when you talk, STICK TO THE ISSUE AT HAND. 7) Don t lose your temper. Few people can think straight when they are upset. STAY COOL. If required take a break from the hearing and both you and the member leave the room and collect your thoughts. 8) DON T BLUFF. There is no point to it and it will only hurt your case. 9) Don t discuss personalities. Avoid using general arguments and remarks that have nothing to do with the grievance at hand. 10) Know when to stop talking. Once management agrees with you on a grievance, you ve won. Don t gloat about your victories, but that doesn t mean you shouldn t inform the members that we won the grievance. Whatever the outcome, be sure to advise the Griever of the results, if they were not present. BE PROFESSIONAL! 28

29 THE SHOP STEWARD AND THE GRIEVER: As the Shop Steward, you will attend the grievance hearing as the Union Representative and the member may attend the hearing as the griever. By taking the griever with you to the hearing, they are able to check the manager s story as the case is presented and testify on their own behalf if necessary. They will also gain confidence in you and in the Union. When both the Shop Steward and the griever attend the hearing, it allows the member to become more involved. When accompanied by the griever to the hearing, explain how you will handle the case and answer any questions the griever may have before the hearing. This will avoid any disagreements during the presentation of the case. Have a game plan before you enter the hearing and stick as close to it as possible. It may be necessary for you to present the case by yourself. This may occur if the griever is unable to attend but wishes the hearing to proceed without him/her. If you present the case without the griever, it s a good idea to take another Shop Steward with you as a witness. Report back to the griever as soon as possible; tell the griever the action taken and the outcome. It is not a good idea for grievers to process their own grievances. The Collective agreement is not the property of any one member and should be handled by a representative of the Union. A grievance processed by an individual may result in a settlement that could impact the rights of other members. By law, UCCO/SACC-CSN must represent all members in the bargaining Unit. Failure to do so could result in charges being laid against the Union. If a member chooses to represent himself/herself, without Union assistance, have the member sign a memo to the effect that they do not wish Union representation. WORK TOGETHER!!! 29

30 CLASSIFICATION GRIEVANCES This type of grievance is a written complaint AGAINST THE CLASSIFICATION level of the work description. The following information is necessary to support a Classification grievance: * A copy of the current work description. * The classification decision including: (1) group and level (2) point rating by factor (if applicable) (3) rationale (if applicable) (4) effective date of classification * Organizational chart relevant to the position in question. * Documentation, as indicated above, for any position or positions, which the griever is using for comparison. * Written explanation for the grievance. Section 7 of the Financial Administration Act gives the employer the right to assign duties and to classify positions in the Public Service. CLASSIFICATION GRIEVANCES CANNOT BE REFERRED TO ADJUDICATION. Three problems may arise in dealing with classification: (1) Job content/work description (2) Classification of a position (3) Effective date of the work description and the classification decision Before proceeding with a Classification Grievance, it is necessary to ensure that the work description accurately reflects the job the member performs. Sometimes, the member is performing duties not contained or not described adequately in the work description. If it is these duties that make the member think that the position is not classified properly, and if management refuses to provide a current, up-to-date work description on request, then a Job Content Grievance should be filed at the same time as the Classification Grievance. The Classification Grievance can be held in abeyance until the Job Content Grievance is finalized. 30

31 It is also advisable for the member to file an acting pay Grievance at the same time as the Classification Grievance. This is suggested in the event that the Classification Grievance results in an upgrading, but the effective date is not satisfactory to the griever. A Classification Grievance (under PSSRA, Part 1) is a one step procedure that is filed in the same way as other grievances but this type of grievance proceeds straight to the final level of the Grievance Procedure. A member has the right to grieve the classification of his/her position within 25 working days following: * Notification of the classification or reclassification, or * Any other date on which the member becomes aware of such action or change in circumstances that would lead to a grievance. ROLE OF THE SHOP STEWARD: (1) THE STEWARD SHOULD ASSIST THE MEMBER IN DETERMINING THE TYPE OF GRIEVANCE THAT IS REQUIRED. ADVISE THE MEMBER OF THE STEPS AND RESTRICTIONS IN THIS GRIEVANCE PROCEDURE AND THE TIME LIMITS. (2) ASSISTING THE GRIEVER IN THE WORDING OF THE GRIEVANCE AND ASSISTING THE MEMBER IN COMPILING THE REQUIRED DOCUMENTATION TO SUPPORT THE GRIEVANCE. (3) CONSULT AND INFORM ALL THE FOLLOWING: (A) THE LOCAL EXECUTIVE (B) THE REGIONAL EXECUTIVE (C) THE NATIONAL EXECUTIVE (4) ENSURE THAT THE POTENTIAL GRIEVER REALIZES THE POSSIBILITY OF THE POSITION BEING RECLASSIFIED, TO A LOWER LEVEL OR A POSITION OUTSIDE OF THE PRESENT BARGAINING UNIT, SO THAT THE ADVICE OF THE REGIONAL AND NATIONAL EXECUTIVES SHOULD BE CAREFULLY CONSIDERED. (5) ENSURE THAT THE DOCUMENTATION TO SUPPORT A CLASSIFICATION GRIEVANCE IS TRANSMITTED TO THE NATIONAL OFFICE. 31