How can I get my co-workers more engaged with the union?
A great way to engage members in the union is to ask questions and listen. Find out what matters to your co-workers and if they have ideas to improve the workplace. Share your knowledge and discover what gets your co-workers excited. Other ideas:
- Make sure they are receiving our emails. If they are not, they can update their contact information by visiting our website: YEU.ca/update
- Have a few extra copies of your collective agreement to hand out and look up answers to questions together with a member
- Ask members if they would be willing to help out by taking on a task like:
-keeping the Union bulletin board current with items from YEU and the Local
-welcoming new members to the workplace and the Union
-attending Local meetings, especially when member input is needed for bargaining
-organizing union Lunch and Learn events
-being the official Union representative on a workplace Joint Occupational Health and Safety Committee
-becoming a Shop Steward
-being a resource person for Joint Labour Management meetings
-becoming a member of one of the Public Service Alliance of Canada's many regional committees
Union education and support are available to help members feel confident in all these roles.
Remember, members may need to be asked more than once before saying yes! Don't get discouraged if they don't say yes right away - keep listening to their concerns.
For tips on organizing effective one on one conversations, read this piece
Rand members: What does it mean to sign up a "Rand" member?
I’ve been asked to sign up all "Rand" members in my workplace.
A "Rand" is a bargaining unit member who hasn't yet signed a Union membership card. Rand members pay union dues because in a bargaining unit, signed or not, all members benefit from the actions and efforts of the Union in support of the workers. While a Rand member pays dues and has a right to be represented, the full benefits of Union membership including voting in Union elections and running for Union positions are only accessible once they become a Member in Good Standing (MIGS). Changing from a Rand to a MIGS is as easy as filling out a membership card and returning it to YEU or an elected representative from the Local.
Shop Stewards should always have membership cards on hand to sign up employees, new or old, who may have fallen through the cracks. You can get these from your Local Executive or Membership Services at the YEU Hall.
This video from OPSEU shows how a Shop Steward can welcome a new member into the union:
Wonder where the word Rand comes from? It's from a Supreme Court of Canada decision by Justice Ivan Rand whose ruling ended the Ford Strike of 1946 in Windsor, Ontario. He ruled that employers would deduct dues from paychecks and remit these dues to unions directly. This formula is designed to ensure that no employee will opt out of the union simply to avoid dues yet reap the benefits of collective bargaining, such as higher wages or health insurance.
Unions need adequate resources to “redress the balance of what is called social justice.”
___________
Justice Ivan Rand, 1946
Can we talk union at work?
Yes, you may talk union at work! Breaks and meal times are the best opportunities to connect with members and talk about workplace and union issues.
Union members can wear YEU swag at work too!
Contact your Local Executive to request YEU swag.
Read all the rules about "being union" at work. Post a copy of this poster on your bulletin board so everyone knows that it's safe to talk union! Bulletin board materials are available at the back entrance of the YEU Hall. If your bulletin board isn't being kept up-to-date, contact the Hall and we'll get a package of posters and information together for you.
How do I take time off at work to support a member?
The process you use to support members on work time depends on the situation, and the Union Leave provisions in your collective agreement. If a member asks for union representation for a meeting with the employer, then you take Union Leave with pay to attend the meeting as a Shop Steward.
If the member is asking a question and more research and discussion is needed, Shop Stewards are expected to do this on non-work time.
If the member has a complaint of an urgent nature, you can usually take Union Leave with pay to investigate this possible grievance.
Each Collective Agreement is a bit different so make sure to look in yours in the section usually called Union Leave or Representation for details.
Still not sure? Ask your Chief Shop Steward or Local Executive member.
How does the union spend our dues money?
Members often ask me about this and I want to give them a full answer.
Your tax-deductible union dues pay for all Union work. Dues support collective bargaining, strike pay, defending the contract through the grievance and arbitration process, communications, member training, and campaigns.
Dues are deducted automatically from your paycheque by your employer and then sent to PSAC, our national union. PSAC returns a portion of those dues to YEU, and YEU remits a portion to each of our Locals based on their size.
Financial statements are presented to the membership at each level of the organization. The membership votes to approve or reject a proposed budget at Local AGMs and at YEU Triennial Convention.
Come out to your Local meetings and see how it works!
How are decisions made in my Local / in YEU / in PSAC?
Decisions are made democratically by the members who show up to local union meetings. Locals are governed by rules found in their By-laws. Every year, an Annual General Meeting is held by each Local, open to all its members. A leadership team is elected, a budget is approved, and directions are set.
YEU and PSAC are each governed by Triennial Conventions attended by delegates from each union Local. Resolutions that give direction to the union at these levels are debated and voted on by the delegates at the convention. Details about how conventions are run can be found in the YEU By-laws and the PSAC constitution on the websites.
Learn more about the decision-making process by taking union education courses such as the Local Officers Training and Parliamentary Procedures. Visit PSAC site for online self-paced courses.
Can the union reverse or overturn the employer’s decision?
If the employer makes a decision that goes against the collective agreement, contradicts relevant legislation or employer policies, the union can file a grievance or negotiate a settlement with the employer. Members should read about their grievance process in their collective agreement.
If the employer makes a decision that members don't like but that does not violate the collective agreement, the union can still respond in other ways. A member or Shop Steward can approach management to tell them what they don't like about the decision and offer preferable options. Members can ask the Local Executive to raise the issue at the next Joint Labour Management (JLM) meeting or members can circulate a petition and submit to management asking to reverse their decision. Finally, members can keep a note of this issue and submit a proposal to address it during the next round of bargaining.
Is our collective agreement still valid if it expires?
Yes, your collective agreement is still valid even if it has expired during bargaining. It often happens that the bargaining process takes longer than expected, beyond the end date on your current agreement. As long as both parties are bargaining, the previous agreement remains in force.
If the employer has given notice to lockout or the union has given Notice to Strike, then the collective agreement is no longer in place. The terms and conditions of work can only then change.
Why we didn't get what we wanted in the last round of bargaining?
Members ask me why the union didn't get all our proposals pushed through the bargaining process. I wasn't on the bargaining committee so I don't know how to answer.
Contract negotiations are a give-and-take process and not all union proposals are successfully achieved. The stronger the show of support in the workplace among members, the stronger the Bargaining Team's position at the table but even with a strong position and a solid proposal, good ideas can take time to be negotiated into a contract.
Shop Stewards can encourage members to participate actively in the bargaining process, including being on the Bargaining Team in the future.
You can also ask your members to take note of their proposals for changes in between bargaining rounds and get involved in all Pre-bargaining meetings and Ratification Vote meetings
What can I say to members who complain that they don't hear about what the union is doing?
How can I respond in a way that engages members?
If members say they don't hear from us, ask them what they are curious about? By finding out what interests them, you can direct them to places of connection with the union - the website for basic information, YEU courses for activism, Local meetings for local issues, etc. Keep them updated on any issue that matters to them.
If you or a member wants to host a Lunch and Learn, a union representative can come to your worksite and answer questions or give short presentations on topics of interest to your members. Contact the YEU office to book a Lunch and Learn.
We regularly send emails, mail out our newsletter, and provide updates on Facebook and Twitter. But we don't use employer communication systems (including email) and we do not have members' personal contact information unless they supply it. So it is crucial that Shop Stewards ask members to go to our website and update their information with a valid personal email: yeu.ca/subscribe. You can also remind them to check their junk mail folder as our emails sometimes end up there.
How can I assert myself as a Shop Steward?
The relationship you develop with the employer is determined by what the union wants to achieve in the workplace. Generally, we desire a workplace where our members are treated fairly, are allowed to be productive and are respected. At the same time, it is a setting in which it is clear to the employer that the union will deal swiftly and strongly with anything that disrupts a positive setting.
In some cases, your supervisor will also be a YEU member, so a cooperative relationship should be your goal.
Remember that you are an equal footing with your boss when acting as a union representative and you can demand to be treated as such. Be cordial but make it clear you have business to discuss.
Here are 12 steps to Establishing Yourself with Management
Can the employer meet with an employee alone?
The employer often meets with employees without telling them they can bring a Shop Steward.
What should I do?
T
he employer is required to inform employees of their right to union representation if a meeting is discipline-related or could lead to discipline. They can meet with employees alone for matters related to work and performance.
Members can choose to not have union representation at investigative or fact-finding meetings but this is not advisable. They risk being treated unfairly with no one else to stand up for them, or take notes of the proceedings or support them.
You can:
- Remind members that they shouldn't attend a meeting with the employer on their own.
- Tell members that at any time during a meeting with the employer if they think that it is turning into an investigative meeting, they can just stop and ask for union representation.
- Put up a poster on your bulletin board reminding members of this important right.
- Host a Lunch and Learn- it is a good way to instill in the workplace knowledge about this and other basic rights.
- Talk to the employer and remind them of the language in the collective agreement that pertains to union representation.
What exactly is meant by "operational requirements"?
When can it be used as a legitimate reason to deny a leave request?
“Operational requirements” is a phrase used to describe the employer’s business needs. Click here for more information.
When your employer denies a leave request due to operational requirements, they are claiming that your absence during the time requested would impose an unreasonable burden and that they could not effectively conduct business. For a large employer like YG, the incurrence of overtime pay, if leave was to be granted, is not a sufficient reason to deny most leaves. Learn more in this YEU article.
Employees should submit vacation leave requests before making travel plans and with sufficient notice to lessen the risk of being denied because of operational requirements.
Can I use Special Leave for____________?
Check your collective agreement under “Special Leave”, “Personal Leave” or “Unspecified Leave”. Some provisions are more detailed than others, but the purpose behind most provisions of this type of leave is to allow you time off when circumstances outside of your control require you to be absent from work and there is not another type of leave that would be more appropriate – such as sick leave.
Special Leave for:
- an appointment with family doctor? Yes.
- a trip to Vancouver for medical testing? Yes
- How much of the trip is special leave? What if I stay a day longer for personal reasons? Travel time is eligible for special leave but any extra time you voluntarily take would be vacation leave.
- an appointment with a physiotherapist, or massage therapist? Yes, in most cases.
- an appointment with a Naturopath, Acupuncturist, or Holistic Practitioner? Yes, in most cases, provided that it counts as a “medical” appointment
- one of the above for a child or other dependent? In most cases.
- for repairs or contractors at my house? Maybe – if it cannot be scheduled outside of work, no one else is available, and it is an unavoidable emergency situation.
- an appointment for my pet? Maybe for emergency care. No for grooming appointment
- a haircut, esthetic appointment? No.
YG employees can access Casual Leave for 2 hours or less for purposes of special or unusual nature (26.05) which isn't deducted from any leave credit bank.
Do I have to specify the reason I am requesting special leave?
Depending on the language in your collective agreement, you may need to provide details.
You generally do not need to reveal private information, such as the type of medical appointment you have, but you may need to specify the category (e.g. “medical appointment” or “sick child at home”).
When in doubt, check with your Chief Shop Steward or Local President.
What can I do about a member who was reprimanded for something that is common practice in my workplace.
Employers are generally expected to enforce their rules fairly and consistently.
If the member is the only one disciplined for something that is common practice, it may be that management is starting to crack down on that rule for everyone, and this member just happened to be the first one to get noticed.
You can ask if there was a recent warning issued that the rule would be more strictly enforced. You can ask the member to collect information about how widespread the common practice was.
If the member is being unfairly singled out, this might be grounds for challenging the discipline.
What is "just cause"?
Is it different from reasonable cause?
"Just cause" and "reasonable cause" refer to the same thing, and basically mean that the employer agrees not to issue any sort of discipline for arbitrary or unfounded reasons.
The importance of this phrase is that the reasons for discipline need to meet an objective standard that could be reviewed by an arbitrator, and not simply a standard that the employer creates itself.
Does a member always have to show up for a meeting that management requested?
A member was given less than 24 hours notice of a fact-finding meeting and didn't have time to find a Shop Steward. Does she still need to attend the meeting?
Yes, she should attend the meeting, but she can do a few things first.
The member can start by telling the employer that she wants a Shop Steward with her at the meeting and that she hasn’t been given enough time to find one. The member can then respectfully request that the meeting be postponed.
If that request is denied and she is directed to attend the meeting without a Shop Steward, she should go to the meeting, take notes on everything said, and be sure to contact the Union after the meeting with her notes.
If the employer refuses to allow a reasonable amount of time to secure a Union representative, the Union can challenge any discipline that ensues. However, refusing to attend a meeting the Employer has directed a member to attend is considered insubordination and could lead to even more discipline.
Is a member's pay the same when they are being accommodated?
A member is placed in a lower classification due to an accommodation. Do they have the right to their previous classification's rate of pay?
A member who is placed in a lower classification for an accommodation can retain their rate of pay if it is a short term arrangement, but not if it is a permanent reassignment.
The employer might be obligated to accommodate a member by altering duties, providing special equipment, or offering a different position in the organization, but they are not obligated to continue to pay the member for work they are not able to perform.
This 1 min video produced by PSAC explains the Duty to Accommodate:
As Shop Stewards you may be asked questions about the accommodation process but most of the support work is handled by the YEU Labour Relations Advisors. For more information consult the PSAC booklet on Duty to Accommodate
Can I be disciplined even though I am a Shop Steward?
Yes, it is possible for Shop Stewards to be disciplined.
Becoming involved with the Union does not mean that you cease to be an employee. In your role as an employee, you face the same set of expectations that any other employee faces - performance appraisals, compliance with work rules, etc.
You do have a degree of representative immunity meaning that you cannot be disciplined for ‘vigorously advocating’ on behalf of your co-workers when engaged in your role as a steward.
So remember to always be clear with the employer when you are acting in your role as a Shop Steward. Be mindful of your interactions when acting on behalf of the Union, and remain professional and respectful.
If you think you are facing unfair treatment because of your union activity, talk to your Chief Shop Steward and Local Executive members to develop an effective and quick response.
If there is no provision for Leave Without Pay in our Collective Agreement, can we still get it?
If there is no provision for Leave Without Pay (LWOP) in your collective agreement, then there are no bargained rights with respect to it. However, your employer may have an internal policy and members can ask a manager or a human resources (HR) representative about it.
You can also take note of such ideas and remind members to propose them at pre-bargaining meetings before the next round of collective agreement negotiations.
Where can I find more union videos?
Unions and other progressive organizations produce great videos. We'll keep adding to our list of favorites below. Please send us the ones that you would like us to share. If you would like to use the computer at the YEU Hall to watch these videos (as some of them are longer), please get in touch with the Education Officer
Here is the winner of the 1-minute message contest of the Canadian Labour Congress, the umbrella organization to which the PSAC and all Canadian unions affiliated. Solidarity.
For a great trip down Canadian labour history lane, check out this video by the Alberta Union of Public Employees, AUPE:
Here is how a Shop Steward with the Ontario Public Service Employees Union (OPSEU) welcomes new members:
The grievance process explained to OPSEU members:
This oldie but goodie made by the Steelworkers has three scenarios to demonstrate how a steward interacts with a member and management the third scenario that starts after the 6-minute mark is particularly helpful
The classic Kim's Grievance made by the Canadian Labour Congress has been used for 3 decades by many Canadian unions to show how a grievance can be used to organize the membership of a Local.
This short video from the BC Government Employees Union gives a good explanation of discipline and labour law:
A humorous take on "What have (American) unions for us?"
How do I apply for Union Education?
I want to take Union Education courses but have never applied for Union Leave. How does this work?
To attend a union course that is offered on your work time, you apply for Union Leave. Refer to the section often called 'Leave for Union Business' in your collective agreement. Here are the steps:
- You submit an application for Union Leave to your employer (in the case of YG employees, this is an online process, find Leave Without Pay). Do this early! At least 1 month or more prior to the course really makes it easier.
- Indicate the time off for the course duration. If you are a shift worker scheduled to work in the 8 hours proceeding or following union training, you indicate leave for those shifts off as well. You can book off the entire shift, even if the course is only 8 hours and your shift is 12 hours long.
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Complete this YEU form in which you will attach your Approved Leave.
- If you are an AOC or casual worker not scheduled for work but you receive a call in for shifts during the training period, you can submit for Wages Expense Claim form directly to the YEU. Send the YEU form (linked above), documentation of the refusal of the shift offer and a copy of a recent pay stub to the Finance Officer for reimbursement.
- If you have another job that you must take unpaid leave from in order to take the course, you can get reimbursed for lost wages, provided you let us know in advance. Send the YEU Financial Officer proof of your unpaid leave (email from your employer), copy of recent pay stub showing the rate of pay, and the loss of wages form indicating the total hours of work that you missed out on.
- Except for a few employers (Yukon Hospital Corporation, KVA, Yukon Arts Centre, Town of Watson Lake and Women's Transition Home) your pay will not be affected when you attend the Union Education. (The YEU reimburses your employer for the time that you attend the course). If you work for one of the employers in brackets above, you must submit a Wages Expense Claim form to the YEU along with a copy of a recent pay stub and the YEU will reimburse you directly. YEU Financial Officer will assist you.
- For members travelling for Union Education, the YEU reimburses travel, accommodation and meal costs. Use this form and submit it at least 2 weeks before the start of the course. The YEU will arrange for the hotel reservation or you can stay with friends or family and the YEU will reimburse you $50 per night. If you require additional childcare to attend training, please contact the Financial Officer. The Finance Officer will also let you know how much travel time you are entitled to.
- Don't forget to register for the course on the YEU website. Your RSVP tells us you are coming and helps us prepare the material and logistics for the course.
Union Education is a great way to get involved in the Union. Some union courses are offered on week-ends but most YEU course are during the week. If you want to take a course that is offered on your days off, then it is on your own time.
*Please note that PSAC courses have a separate registration process. Contact Shawna at 867-668-8593 for all questions related to PSAC education. Still confused? Talk to your Shop Steward or call the Education Officer and we'll walk you through it!
What is the difference between managing an employee's performance and giving discipline?
Members can feel that they are being disciplined when their manager is giving them feedback about their work. How can I tell if it is normal performance management or discipline?
It can be difficult to distinguish between performance management and discipline.
Members may come to you when they feel their manager is unfairly criticizing them when in fact the employer may just be exercising their right to manage the work. Members may be defensive when this happens. Performance management can sound like discipline when members are stressed, are juggling home and work pressures or already feel judged by society for the way they look or talk. As Shop Stewards, you can be sensitive to this reaction as you explain to a member that the employer has considerable say about how successfully an employee fulfills their duties. Punctuality, attendance record, adherence to policies and interactions with co-workers and clients/customers can all come under review.
Employees have a responsibility to perform the duties of their position so as to meet the expectations of the employer. Ideally, there is an ongoing process of communication between management and employees that includes clarifying expectations, setting objectives, identifying goals, providing feedback, and reviewing results. But some workplaces aren't like this and corrections or criticisms can come out of the blue or feel unfair.
Remember, employers DO NOT have the right to discipline an employee without just cause or to discriminate at any time.
Employees DO have the right to know the reason for discipline and to have the opportunity to respond to allegations that may lead to discipline.
Sometimes, coaching a member to have a clarifying conversation with their supervisor will be the way to go.
This chart uses examples to highlight the main differences between performance management and discipline. If you are still unsure, talk to your Local Chief Steward or a member of your Executive.
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Performance Management (usually cannot be grieved)* |
Possible Signs of Discipline (may be grieved) |
| Employer provides an employee with a work plan | Employer criticizes an employee for not meeting expectations of work plan and puts a note on their file |
| Employer has regular staff meetings or “bilateral” meeting | Employee is singled out in a staff meeting as not measuring up or meeting expectations. During a “bilateral”, employee is told they are not performing or there is an issue, or are accused of some wrong-doing that will be investigated |
| Employee is called into a meeting to discuss progress on a project or work in general | Employee is called into a meeting to discuss “an issue”. The employee has the right to union representation if the issue could lead to discipline |
| Performance appraisal meeting | Employee is informed there will be a meeting to discuss performance and they have the right to union representation |
| Updating job description with explanation | Removing or changing duties without explanation, or following an issue of under-performing |
| Recommending training or professional development | Not approving training following an incident or rescinding approval after the training has been approved |
| Approaching employee at work and spontaneously wanting a meeting to discuss a work-related issue | Approaching employee at work and spontaneously wanting a meeting to discuss a work-related issue when employee suspects they may be in trouble. The employee should ask if this may be disciplinary if not informed of the right to union representation |
| Not approving leave as it falls during a time of mandatory training | Rescinding previously approved leave due to operational requirements with no further explanation, following a performance incident or issue |
| Employer gives an employee a “Letter of Expectation” to clearly lay out what is expected | Employer gives employee a verbal warning, reprimand. Written reprimand, suspension or letter terminating their employment are clearly disciplinary. |
*Remember, just because something cannot be grieved, it doesn't mean the employee or the Shop Steward can't do anything. For example, if a member receives a Letter of Expectation that they don't like, a Steward can review the contents with the member and coach them to prepare for a meeting with the employer to seek more appropriate wording.
What's the difference between a Letter of Expectation and a Discipline Letter?
A true letter of expectation (LoE) is a letter that serves to clarify expected behaviours in the performance of a member's job in general terms so no specific incidents should be mentioned. It is not disciplinary. A member receiving a LoE may feel like it is disciplinary. Some LoE may be actually disguised discipline and should have the wording changed. Your job as a Shop Steward is to help determine if it is a true LoE or if it is actually disguised discipline. A discipline letter (letter of reprimand) is clearly stated as such and form part of progressive discipline, that is can be used in future and more serious discipline.
In reviewing a letter that a member receives, keep in mind the differences between an LoE and a disciplinary letter highlighted in the table below.
Does a member who may have witnessed an unsafe act need union representation?
A worker was called in for an interview. Management asked if she saw another employee committing an unsafe act. Did she have a right to demand union representation?
Yes, if she had a reasonable fear that her failure to timely report the incident could lead to her own discipline. For example, the employer may have a published rule requiring workers to promptly notify supervisors when they observe safety infractions.
Many members still don't know their rights or feel confident to have this one basic right respected. Talk to your co-workers about their right to ask for union representation. New hires on probation, terms and casuals and members from equity groups are especially vulnerable so try to reach out to them, or better yet, find a volunteer in your workplace who can provide this orientation to members who need it.
Is this a Shop Steward or an LRA issue?
Here is a list of common grievances we see. If a member has an issue you are unsure of how to handle or if you are the right person for the job, ask your Shop Steward Coordinator at [email protected]
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Shop Stewards: Most pre-grievance matters and initial level grievances including but not limited to:
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YEU Labour Relations Advisor: Final level grievances, policy grievances, discrimination matters, complex cases specifically but not limited to:
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NOTE: Classification appeals, matters referred to adjudication/arbitration, and advice, assistance and representation with pensions and disability matters get referred to PSAC Representatives through YEU.