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

Shop Steward Manual

Union of Northern Workers SHOP STEWARD MANUAL

Fifth Edition 2015

ACRONYMS USED IN THIS GUIDE CLC Canadian Labour Congress CIRB Canada Industrial Relations Board (formerly the Canada Labour Relations

Board–CLRB) GNWT Government of the Northwest Territories NWT Northwest Territories NWTPSA Northwest Territories Public Service Association (as the UNW was called

prior to the 1987 Convention) NTFL Northern Territories Federation of Labour UNW Union of Northern Workers PSAC 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.

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CONTENTS

1. Introduction to the Union of Northern Workers 7

1.1 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 10 2.2 How to become a Steward 2.3 Resignation

Notes 3. Role of the Steward: Providing information to members 14

3.1 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 22 4.1 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 32 5.1 Staffing appeals

5.2 Exceptions

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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 35

6.1 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 39 7.1 Why collective bargaining 7.2 The collective bargaining process

Notes 8. Keeping up with labour-related issues 41 8.1 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 44 9.1 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 47 10.1 Qualities of a Steward 10.2 Fifteen points to remember

Notes

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11. A Steward’s pitfalls 50 11.1 To err is human... 11.2 ... 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

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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

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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 1967. 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 1968. 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 15th 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 15th

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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 1983. 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 2006. 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

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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 6000. 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:____________________________________________________________________________________________________________________________________

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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

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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.

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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.

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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:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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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 union-related 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

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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

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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.

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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 co-workers. 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 3.7.1 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. 3.7.2 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. 3.7.3 Excluded members

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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? ____________________________________________________________________________________________________________________________________________

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__________________________________________________________________________________________________________________________________________________________________________________________________________________

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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. 3.10 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 legislation1 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? ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1For example, Part II of the Canada Labour Code for federally regulated members and the NWT

Safety Act for all others.

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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

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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 2010

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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!

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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,

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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

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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: __________________________________________________________________________________________________________________________________________________________________________________________________________________

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4.6 Gathering information 4.6.1 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. 4.6.2 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 4.6.3 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:

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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.

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a.) Letter style. An example is shown below:

February 28

th, 20xx

The Union of Northern Workers hereby files a 2nd

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, 2003. 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”

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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

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4.9 Following up

Once you have submitted the grievance, follow it up. Make sure that set deadlines are met. Follow these guidelines:

Ensure that management replies in writing

Keep the grievor informed and updated about the status of their grievance

Give a copy of the reply to the grievor. Talk it over so that they understand

Send a copy of the reply immediately to the Chief Steward, Regional Vice President and UNW Service Officer. If it becomes necessary, the Service Officer handles the grievance at the next level

If there is no reply by the deadline, let your Local and Service Officer know NOTE:

Refer to the UNW Grievance Process handbook for more discussion on what happens to grievances after the first

level.

NOTES: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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5. ROLE OF THE STEWARD: HELPING GNWT MEMBERS WITH STAFFING APPEALS 5.1 Staffing appeals GNWT members who are unsuccessful in job competitions have the right to appeal when an appointment is made. This is referred to as an appeal on appointment (or a “staffing” or “competition” appeal). Note that staffing appeals are not covered in the Collective Agreement but in the Staffing Review and Appeals Regulations of the Public Service Act and in the Staffing Appeals Guidelines. As a result appeals cannot be grieved but members can still be assisted by the Union. Read these documents carefully because they contain highly legalistic language. Consult widely within the UNW when helping GNWT members with their staffing appeals. The following guidelines apply to staffing appeals:

The appeal must be in writing and signed by the person appealing (called the “appellant”), not the Steward

The Steward merely supports and advises the appellant

The appeal must be made within 4 days after receiving notice of the appointment

Note that this is an appeal, not a grievance, and thus it follows a different process altogether

An appeal can be made only if: o the position is a part of the bargaining unit or o the appellant is an affirmative action candidate.

5.2 Exceptions A member cannot appeal if:

the position is a teacher with the NWT Teachers Association, or

the position is excluded (i.e. not in the bargaining unit), or

the appointee (i.e. person offered the position) is: o a lay-off (unless appellant is also a lay-off), or o being transferred for health reasons (this does not apply to a promotion),

or o returning from a leave of absence, or o being demoted, or o completing a training program

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5.3 Time limits The limit for filing a competition appeal is

4 working days after a member receives verbal notification that he or she was not the successful candidate, or

14 working days after the mailing date of the letter informing the individual of the same.

5.4 The appeal letter The member writes an appeal letter which includes:

his or her name

competition number and job title

date of notification

reason for appealing The letter is addressed to Human Resources and can be hand-delivered or faxed. Copies should be sent to the UNW, the Regional Vice President and the Local President. A sample appeal letter is shown below: 31 March 20xx

To: Human Resources

I appeal the appointment of Suzie Super on competition 24-0001 (Administrative Assistant). I received notification

of the appointment on 30 March 2xxx.

I am filing this appeal because I believe the process was not handled fairly.

Gerry Goodenough

Department of Planning Resources

c.c President, UNW Headquarters

Regional Vice President

Local President

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5.5 The appeal hearing

Hearings are before a Staffing Appeals Committee. The appellant may ask the Steward to go along to the hearing. If so, you will be there to add anything helpful and provide moral support. Sometimes the member will ask you to do all the talking on their behalf. Make sure you get all the background facts and information before you go. Hearings are informal but decisions made are binding. The Committee includes:

UNW President (or designate)

Human Resources and a

Mutually agreed upon chairperson The Committee independently reviews the competition process to determine if the appellant was prejudicially affected by any irregularities during that process. Specifically, the Committee will determine whether:

procedural fairness occurred during the staffing process, and

the appeal should be granted or denied. Note that the UNW representative is present as an unbiased participant and does not represent neither the appellant nor the appointee. The Union’s presence is merely to ensure that proper staffing procedures were followed in filling the competition. Also, be aware that the Committee cannot award a job to an applicant.

In addition to the appellant, the appointee can also be invited to attend the hearing. Other members of the selection committee as well as technical experts, if any, may also be invited. When the Committee makes its decision this goes to the Minister for Human Resources who is the Minister responsible for the NWT Public Service Act who will then confirm the decision. NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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6. ROLE OF THE SHOP STEWARD: HELPING MEMBERS WITH JOB EVALUATION APPEALS

6.1 Statement of duties

Every member is entitled to have a statement of their duties (also called “job description”). This is one of their basic rights at work. When:

a new member is first hired, or

a member is reassigned to another position, the employer has an obligation to provide a statement of duties to such a member. Any member can also request for such statement of duties in writing from their employer. This matter is covered in your collective agreement.

Task: What does your collective agreement say about providing job descriptions? Show the relevant articles: ______________________________________________________________________

Sample: Request for a job description

The Supervisor March 30, 20xx

Technical Services

Department of Administration

Job Description

As provided for in Article 34 of the Collective Agreement, I request a copy of the current statement of

duties for my position (26-3433), including the level, point rating and an explanation of how the points

were assigned. I would like this information by May 30, 2xxx.

Connie Concerned Review Clerk

6.2 Job evaluation 6.2.1 Classification system: Every job should be rated and ranked according to the points awarded to it, based on 4 factors. These factors are: knowledge, accountability, problem solving and working conditions. Based on these factors, the job is then “classified”.

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For example, the GNWT uses a job classification system known as the “Hay Plan”. The Hay Plan system classifies all GNWT positions and establishes their relative worth against each other and to the whole government system by ranking them. This is done by assigning points to every position and, based on those points, ultimately determining what pay grade each position is in. Jobs with more points get higher pay than nthose with less. Hay Plan uses guide charts and benchmark positions as set out in the “Job Evaluation Manual”. Human Resources in the GNWT conducts free Hay Plan training workshops. Union members, including Stewards, can attend these courses. Take advantage of such training opportunities to learn more about this job classification and evaluation method.

Task: What classification system is used in your workplace?

What does your collective agreement say about job classification? Cite the relevant article: ______________________________________________________________________ 6.2.2 Appealing an improper classification: A UNW member who believes that their position has been improperly evaluated can file an appeal. Job evaluation appeals must be signed by the appellant, not by the Steward. The Steward can help with information gathering and by advising the affected member. There are no time limits for filing job evaluation appeals, however the sooner the better as far as retroactivity is concerned.

6.3 Filing the appeal

Ask the member to get a copy of their job description; including the position’s level, point rating and an explanation of how points were assigned

Ask the member to study it

Encourage the member to discuss the evaluation with their supervisor first. The Steward may attend this meeting, if requested by the member

Have the member document the discussions with their supervisor

Have the member file the appeal; do not delay since retro-pay is only protected 60 days prior to an appeal being filed

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GNWT appeals are to be addressed to the Deputy Head of the employing Department, Board or Agency

The Deputy Head will send the appeal to a Job Evaluation Appeal Board. Here is a sample appeal letter:

Sample: Job evaluation appeal letter

Deputy Head June 23, 20xx

Department of Peace and Harmony

Appeal of Job Evaluation for Position 26-3433

I hereby file an appeal of the evaluation of Position 26-3433.

Connie Concerned

Review Clerk

6.4 The appeal hearing Hearings take place at 2 levels: The Job Evaluation Appeal Board is the first level. This Board has 4 people – 2 from the Union and 2 employer representatives. The Board will ask a member to talk to them in person or by phone. They will ask pointed questions about responsibilities, duties, and seek clarification of other issues being appealed. The member’s supervisor and any other persons the Board feels can help them understand the job content, will also be interviewed. There are 4 possible outcomes from the Appeal Board, namely that:

the position has been properly evaluated (this requires a unanimous decision), or the position has not been properly evaluated. The Board then determines a proper evaluation at this point

if the Board does not reach a unanimous decision, the appeal may be withdrawn or the appeal is forwarded to the second level, i.e. Job Evaluation Review Board

if the Board’s decision is unanimous, it is final and binding on all the parties.

The Job Evaluation Review Board is the final level. It consists of 3 people – 1 each from the Union, employer and an independent chair. The Union and the employer must agree on the chair or the NWT Supreme Court will appoint one. The Review Board will give the appellant an opportunity to present their case. Supervisors are also required to attend the hearing.

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There are two possible outcomes from the Review Board, namely that the position is:

properly evaluated (this requires a majority decision) or

not properly evaluated (also requires a majority decision). In such a case, the Board will then determine the proper evaluation.

The decision of the Review Board is binding on the Union, the member and the employer. A member may withdraw an appeal at any stage of this process before a final decision is reached, either at the first or final levels. NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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7. ROLE OF THE SHOP STEWARD: COLLECTIVE BARGAINING

7.1 Why collective bargaining? Collective bargaining is a process leading to the making of an agreement between an employer, workers and an accredited representative of the members i.e. a union. In this process, the union is referred to as the “bargaining agent”. The bargaining process covers wages, hours of work and other conditions of employment. It requires that each party deal with the other openly and with fair minds. Its success rests on the belief that both parties sincerely endeavour to overcome obstacles existing between them. The end result of the collective bargaining process is that employment relations are stabilized and obstructions to the flow of public services, commerce and industry are prevented. The document produced from collective bargaining is an employment contract, called a collective agreement. Any “bargaining” involves two parties, in this case the employer on one side and union members (hence the name “collective bargaining”), on the other. Naturally, both parties start from differing positions but gradually, sometimes after a protracted struggle, move towards a common position and reach agreement. During collective bargaining the attitude, spirit and approach of give and take should prevail. Members do not always end up getting all they want. Employers too have to negotiate and settle for the best deal they can get. As long as both parties go for a win-win result, there is generally not much of a problem with the collective bargaining procedure. What you do not succeed in negotiating this time might very well succeed during the next round of negotiations. The success of the process is thus not measured in getting everything right now! Remember, as a union, members should fight and win their battles one by one. Collective bargaining is one major success associated with the labour movement. Even the harshest critics of unions and trade unionism readily acknowledge that where a collective agreement exists, workplace harmony, worker morale and therefore productivity, are much higher than places without. This is because collective bargaining is the only instrument workers have to protect and promote their interests in Canada. Closely related with this instrument is the right to withhold or withdraw their labour, which gives workers the strength to bargain as equals with the employer. As soon as a deal is struck with the employer and ratified by the union membership, then there is no need for a disturbed workplace. Many collective agreements actually contain clauses calling for no strikes, lockouts and other work stoppages. Thus collective bargaining directly contributes towards workplace harmony and builds better industrial relations. It

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is therefore important that all UNW members, and Stewards in particular, should guard the process jealously, lest we forfeit our fundamental right as workers. 7.2 The collective bargaining process The Steward plays a central role during collective bargaining, both directly and indirectly. Since you are the Union representative closest to the bargaining unit, you should know what problems you and the members have faced or continue to face. Keep track of all grievances, appeals and clauses of your collective agreement that have created problems. This record should include complaints, grievances, arbitration/adjudication cases that have been handled. You can then advise the Local bargaining committee as to what areas need to be improved, and new issues that need to be negotiated. However, many Local bargaining teams and negotiating committees often include Stewards because of the first hand working knowledge that they have. Either way, your role is still very important to the success of the process. Be aware and familiar also with legislation that governs members you represent. Ask your UNW Service Officer(s) for technical assistance to help you interpret and apply the legislation. Your Local will put out an input call to solicit members’ input on issues they would like to be addressed. You can help with this part of the process also. Your UNW Service Officer will assist you with the proper wording of proposals as bargaining demands. One of your most important roles during collective agreement is to keep members informed about the status of negotiations. Not only will this help present an image of a transparent union, but this will enhance your own credibility as a democratic, caring and concerned representative. Once a tentative agreement is reached, it is time for ratification. Since you know the members at your workplace best, the bargaining committee will rely on you to distribute ratification kits. As well, the committee will ask you to assist during the ratification vote. Finally, when the collective agreement is finalised, read it to make sure you understand it. This will help you when you advise and represent members at your workplace.

Task: What does your collective agreement say about bargaining? Show the relevant article(s) below: ________________________________________________________________

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8. KEEPING UP WITH LABOUR-RELATED ISSUES

8.1 Staying informed One of the Steward’s main responsibilities is ensuring that members at your worksite are informed about what the UNW and their Local are doing. Similarly, both the union and their Local need to know how members feel about the way they are represented. Clearly this presents a number of challenges, as well as opportunities, for you to learn, advise and educate more members about the union. You will often be called upon to address various issues, sometimes all at once; making the juggling act a bit difficult. You therefore require a variety of skills, knowledge and attitude to help you become effective in your role. You are not a labour relations expert, and are not expected to be. But you should keep abreast of labour-related issues well enough to be able to represent your members to the best of your abilities. There are various ways of achieving this. Firstly, recognise that members have some experience and knowledge that they can share with you. So give them opportunities and support to be fully involved and share your “power” with them to make your job much easier. Equally importantly, involving members helps to create a truly democratic, strong, active and viable union. The new emphasis in trade unionism is putting members in charge, while using the knowledge and expertise of their union. Also remember you are not alone! Rather, you are part of a team of dedicated and experienced labour activists (both UNW officers and staff) that will always support you in your work. There are also a variety of union resources to help you become skilled, effective and fully empowered to take your responsibilities. These are discussed below. 8.2 Courses Learning never stops. Education and training are central to UNW activities and ongoing. Courses, workshops and seminars will help you keep abreast of everyday union issues. They also help you develop the knowledge, skills and build the attitude and confidence you need to perform your role well. UNW education is accessible and takes place in your community and associated costs (such as lost wages) are defrayed to encourage your full participation. UNW training courses are also offered in conjunction with the PSAC. Popular modules include:

Trade union basics

Grievance handling

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Shop Steward training

Local Executives’ training

Health and safety

Collective bargaining

Respect in the workplace

Political action

Equity, building an inclusive union and human rights

Women at Work

Globalisation

NOTES: Should you identify other issues that you would like yourself or your members trained in, inform the UNW office. The Union can design a training event to address those issues. Union training required at my workplace includes: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8.3 News As a Steward, you should have a keen interest in news, current labour and social events and happenings within your community and outside. Reading broadens the mind. The UNW produces regular news bulletins as well as fax facts which are faxed to members’ at their work places to keep them abreast of current issues. More information can also be found on the UNW website: www.unw.ca and the PSAC’s www.psac.com Develop a habit of visiting both websites regularly. 8.4 Reading files Local Presidents receive regular `reading files' from the UNW. These files contain notices and letters of interest. Ask to see your Local’s copy. 8.5 Conferences Every so often, your Local receives information about a conference on one union issue or other (e.g. safety, women’s rights, affirmative action, workers with disabilities, etc). The Local usually has to cover the full costs of sending a delegate. When you hear about an interesting conference:

find out more information about its objectives, dates and costs

explain to your Local why the Local should send someone

attend the Local meeting where the decision will be made and the delegate chosen.

After attending a conference, make a report to your Local. Take an active role in sharing your new knowledge with other members. 8.6 Conventions Union conventions are an excellent opportunity and place to learn more about labour issues, network and meet other activists of various backgrounds. Officers are elected and key recommendations on the direction and policies to be adopted by the union are made during these Conventions. The UNW holds its Convention every 3 years. Convention delegates are elected by Locals. The number of delegates a Local is allowed to send depends on the number of signed up members - another important reason to ensure your members have signed Union cards. There is no cost to your Local for sending these delegates. Additionally, the Local can decide to send observers, at the Local’s expense. The PSAC also has its Convention every 3 years. Some delegates are elected from among UNW Convention delegates. So if you ever attend UNW Conventions, speak up on issues; make sure everyone knows your name, and find someone to nominate you. More information about the PSAC Conventions can be found by visiting www.psac.com The CLC holds its Convention every other year. Each Local can send delegates (depending on size). The Local is responsible for all its delegate costs. More information on the CLC can also be found at their website: www.clc-ctc.ca

Task Think of other ways to help you stay informed and grow as a Shop Steward and union activist. Note them below: ____________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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9. TIME OFF FOR UNION BUSINESS 9.1 Your right to time off As previously noted, notify your supervisor immediately upon becoming a Steward. This should help create a more harmonious working environment and relationship. However, it is your right to be a union representative and to exercise the mandate that comes with being a Steward. The law and UNW constitution provide for members to act as Stewards. This makes you equal to the supervisor in as far as union activities are concerned. As a union representative, you are allowed time off for UNW activities. Your collective agreement will lay out the specific conditions and terms under which you may exercise this right. In general, you are entitled to time off for:

arbitration hearings

mediation

handling grievances

collective bargaining

Union - management meetings

courses, conventions, congresses or similar events Remember to always consult your Collective Agreement. 9.2 When a member has a problem When (and how) you can meet with a member to discuss their problem(s) will depend on the nature of the problem. If a member's problem might lead to a grievance, the Steward and member can talk it over during work hours, subject to those limitations imposed by the collective agreement. Less serious problems or information can be handled during coffee breaks or lunch. 9.3 Permission to leave work If you must leave your work for a grievance meeting or a meeting with management, get the permission of your immediate supervisor. It should not be unreasonably denied. Notify the supervisor when you return.

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9.4 Getting bargaining input and promoting Local activities This should be handled during coffee breaks, lunch hour, or outside work hours. 9.5 Signing up and orienting new members As a representative of the Union, you have the right to meet with new members. Orientation for new members is granted leave with pay for up to 60 minutes in the GNWT. Take the time and care to give new members proper orientation. Involve them and answer questions they might raise. Equally important, get them to sign their union cards at this early stage. Remember, you can’t force or coerce them to sign though. This is what the Rand formula says: that union membership is voluntary.

Task: What does your collective agreement say about attending union orientation? Show the article: _____________________________________________________________________ 9.6 Attending courses Time off for Union-related training is allowed for the Steward as leave without pay (depending on operational requirements, reasonable advance notice, etc.). The UNW pays lost wages for your time off. Further, UNW has agreed with most employers for two weeks’ notice when requesting union leave for courses (3 weeks notice for shift workers). However, always check your collective agreement when applying for this type of leave.

Task: What does your collective agreement say about attending union courses? Show the article: _____________________________________________________________________ 9.7 Arbitration hearings If the Union requires the Steward’s presence at an arbitration hearing, you get leave with pay. Again, check your collective agreement on this issue.

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Task: What does your collective agreement say about arbitration hearings? Cite the article: _____________________________________________________________________ Under the Canada Labour Code, there are various provisions for different CIRB units. Some agreements grant leave with pay; others leave without pay, while the rest grant leave where operational requirements permit. Check your collective agreement. NOTE: In all the above cases, always check your collective agreement since information changes from time to time. As well, consult with your chief Shop Steward, Local or UNW Service Officer.

NOTES: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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10. FIFTEEN THINGS EVERY STEWARD SHOULD KNOW 10.1 Qualities of a Steward Section 2.1 discussed qualities that make an effective UNW Steward. These were listed as:

Fairness

Friendliness

Being involved

Enthusiasm

Courage

Efficiency and effectiveness

Knowledgeable

Leadership and leading by example It was also noted that Stewards are the backbone of the Union. They are the members’ first line of communication at the workplace. Stewards serve members by advising them of their rights and responsibilities; resolving problems; handling grievances, educating and organizing. Stewards enforce collective agreements and liaise between Locals and the membership. Indeed, the Steward is the face of the Union at the workplace. Your role as a Steward can therefore be summarised as that of a union:

Organizer

Educator

Communicator

Leader

Problem solver

Negotiator 10.2 Fifteen points to remember Here is a list of 15 guidelines to help you play these roles more effectively: 1 You do not have to be an expert. Do not pretend to know what you are talking

about when you don’t because others will see right through it. Say you will find out and get back to them with an answer. Then do so.

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2. Know where to turn for answers and help. Regional Vice Presidents, Local executives and UNW Service Officers know collective agreements very well and have good understanding of labour law. Other Union activists are important sources of information. Build a network of support and stay in the loop.

3. Delegate tasks. Recruiting volunteers is an easily learned skill. You may

benefit from recruiting or team building training. Delegating makes you a democratic leader and reduces burn out.

4. Do not try to do it all yourself. You cannot do everything as well as you should.

You will get frustrated will burn out if you try to do so. The more people are involved, the more the Union can accomplish. This is what trade unionism is based on: participatory democracy!!

5. Empower people. If all you do is solve people’s problems for them, what are

they going to do when you are not there? Help people learn how to help themselves and support them to act for themselves.

6. Ask a lot of questions. The best ideas come from asking a lot of questions and

getting people to think about old problems in new ways. Because the workplace keeps changing, unions also have the challenge to see, and do, things differently.

7. Learn how to listen. When people have problems, sometimes just listening is

the most important thing you can do. You need to know how other people feel before you can assist them. Ask and listen. Active listening is a particularly good skill to practise as a Steward.

8. Do not let management harass you. While representing your co-workers as

their Steward, you are equal to the supervisor. On the job, the supervisor may have authority over you, but on Union business you are on equal footing.

9. Never assume that management knows better than you. Some supervisors

and managers have little understanding of labour law or contract rights. Therefore anything you learn about members’ rights makes you more of an expert than management might be.

10. Pick your fights. Defending your fellow members is an important part of a

Steward’s job, but if that is all you do, you are always on the defensive. Be proactive. Identify new issues and take the initiative to demand changes. Do not let management control the agenda. Pick the issues you can make some headway on. Remember, your success as a Steward is not from winning all fights at once. Develop a strategy to fight your battles one by one.

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11. Always get back to people. If you want your co-workers to trust you, you must be a responsible and reliable representative. Do not promise things you cannot deliver. Be sure to follow through on your commitments.

12 Organize yourself. Pick a system and keep to it. How will you keep track of

appointments, meetings, and grievance time frames? Where will you keep notes and reminders to yourself? Do you have a record-keeping system for all grievances, complaints and arbitration/adjudication? Throw out papers you do not need, and have a good filing system for information you need to keep.

13. Be a responsible member. This is important if you want people to respect you

and your opinions. It also keeps you from getting into unnecessary trouble with management. Be a good worker, who is honest and punctual. Lead by example.

14. Maintain a sense of humour. Being a Steward is stressful. Humour can be a

powerful weapon in such difficult situations. In addition, do not take yourself too seriously. If you get self-righteous you will not learn from your mistakes and you will turn people off. Besides you become an unnecessary target.

15. Keep your eye on the prize. There will be setbacks and losses. People,

including Union members, will get angry with you. You will wonder if it is all worth it. Remember that collective action is the only real way to change things. Helping to build the union is the best thing you can do for yourself, your community and society in general.

NOTES: _____________________________________________________________________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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11. A STEWARD’S PITFALLS

11.1 To err is human....... All people make mistakes. As a Steward you will also make mistakes once in a while. Nobody expects you to be perfect. Making mistakes is part of the learning process. Learning from our mistakes, however, is what life demands from all of us. You will have to “learn by doing”. You do have the support of the entire UNW network to back you, including utilising Union resources like courses to develop your skills; the website for your current information needs as well as this Guide to help you. Take full advantage of every opportunity to improve and develop yourself. When informed, you can minimize mistakes. 11.2 ........but watch for the pitfalls All the same, as a union representative, a social activist and labour leader you will be under the spotlight always. Therefore, avoid negative behaviour. A professional approach to your work; integrity in your dealings with members and management alike plus a strong sense of justice for workers’ causes will assist you tremendously. Here are some pitfalls to avoid! 1. Failing to represent fairly: Not only does this expose the union to lawsuits for

breaching its duty to provide fair representation but it is just not the right thing to do. Failure to represent undermines the whole purpose of a union. This does not mean that you can not make a mistake – it merely means you have to represent a member fairly and to the best of your abilities, without bias or favour. The simple test to apply in this regard is: can you live with your actions?

2. Making backroom deals: Management can try to get Stewards to trade

grievances. “I’ll let you have this case if you drop the one we talked about yesterday.” Every member deserves a fair shake, and every grievance needs to be evaluated on its own merits. Never agree to anything you would be uncomfortable telling your entire membership about.

3 Meeting with management alone: When you meet with management alone e.g.

without the grievor, suspicions may arise that you are making deals. Such meetings also allow management to lie or change its story. Equally important, when the Steward meets with management alone, it takes away an opportunity for members to participate in their union and to understand that it is really their organization.

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4. Promising remedies too quickly: You hurt both the member and your credibility

if you pass judgement quickly on a grievance, before a thorough investigation. Only after you have spoken to the grievor, witnesses, consulted the Collective Agreement, the employer’s rules and past practices, are you in a position to make that determination. Given the frequency of poor and mixed arbitration decisions, no Steward should ever promise victory.

5. Failing to speak with new workers: The most important way for the UNW to

gain support of old and new members is through one-on-one contact with the Steward. Interacting with all members builds a personal relationship and gets them more involved in Union activities. It is not sufficient to merely say to a new members “fill in this application when you have time” and then leave the matter there. Rather, give them the right orientation and sign them up properly. You are allowed time to do this.

6. Failing to adhere to time lines: Even the strongest grievance case can be lost if

time lines specified in the Collective Agreement are not followed. Even if management agrees to an extension, it is not in the Union’s interests to let problems fester and grow. If you do get a formal extension of time limits, be sure to get it in writing.

7. Letting grievances go unfiled: Every grievance that goes unfiled undermines

the Collective Agreement which members have worked hard for. These gains will be eroded each time a grievance goes unfiled. While most members may see changes and problems only in terms of the impact on themselves, on the other hand the Steward needs to have a bigger picture and understand a grievance’s impact on the employment contract and the UNW as a whole.

8. Failing to get settlements in writing: Just as you should protect yourself by not

meeting alone with management, be sure to get all grievance settlements in writing. Putting settlements in writing helps to clarify issues and keeps management from not instituting the settlement.

9. Failing to organize: Stewards are much more than grievance handlers. They

are the key people who mobilize the membership in their Local. Each grievance or labour incident should be considered for its potential to increase participation, build the Union and create new leaders. Strong unions rely on what is called the “organizing model” for growth and success.

NOTES: ________________________________________________________________________________________________________________________________________________________________________

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IV

APPENDIX A: HOW THE UNION IS ORGANISED TO WORK TOGETHER May 2015

(This chart is for illustrative purposes only. Please check with your Local, RVP or UNW Executive for a more formal organizational chart)

23 LOCALS:

X0001

X0002

X0003

X0006

X0009

X0010

X0011

X0012

X0013

X0016

X0019

X0021

X0022

X0025

X0028

X0029

X0030

X0031

X0032

X0033

X0036

X0345

X3050

(Executive Committees run Locals. Committee members are elected

during AGM’s, held every November)

7 REGIONS:

Deh Cho, made up of:

(Locals 13, 31)

Ft Smith (Locals 2, 12)

Hay River (Locals 6, 21, 22)

Inuvik (Locals 3, 19, 29)

Kimberlite (Local 36, 3050)

North Great Slave (Locals 9, 10, 11, 25, 345)

Somba k’e (Locals 1, 16, 28, 30, 32, 33)

(Each Region is headed by a Regional Vice President)

PSAC NATIONAL BOARD OF

DIRECTORS: National President

Executive Vice President

7 Executive Regional Vice Presidents

18 Component Presidents (including UNW President)

UNW EXECUTIVE: President

First Vice President

Second Vice President

7 Regional Vice Presidents

Equity Vice President (All the above 11 Executive Committee members are elected to their positions)

Triennial UNW CONVENTION: All UNW Executive members attend

Locals with: *1 to 75 signed members can send 1 delegate to Convention *76 - 175 signed members: 2 delegates *176 – 325 signed members: 3 delegates *More than 325 signed members: 4 delegates, etc.

(Triennial means “every 3 years”)

PSAC Triennial CONVENTION: Members of National Board of Directors

One delegate for each 400 members, or major part thereof, elected at Component Conventions

One delegate per Area Council

NOTES: 1. UNW is one of 18 Components that make up the Public Services Alliance of Canada (PSAC), which is a national

union 2. UNW President is a member of the PSAC’s National Board of Directors

3. UNW Conventions are held before PSAC Conventions

4. Both these arrangements formalise the linkage between UNW and PSAC

APPENDIX B GRIEVANCE HANDLING FORMS

GRIEVOR’S RESPONSIBILITIES You have contacted your Steward because you think you may have a problem with the employer; either with the terms of the Collective Agreement or because you have been disciplined. Below is a list of responsibilities that will assist the UNW in representing you. 1. If you have not yet signed your membership card, now is the time to do so!! Remember you will

get many more benefits as a signed member than without full membership 2. Read your collective agreement thoroughly and know your rights. Attend meetings of your Local,

and participate actively in the affairs of your Local 3. There are certain time limits that must be followed or the grievance may be lost. Make sure

therefore that the following procedures are followed: o discuss the problem(s) with your supervisor first o if no solution is reached, file a grievance at the first level

Your Steward will help you with both steps and can attend meetings with you if you wish 4. Stay in touch with your Steward regarding the progress of your grievance or any new

developments, employer contacts regarding your case and if the case is lengthy 5. The Steward is there to represent you. Be open and honest with him or her 6. Get clarification on anything you do not understand from your Steward 7. Answer all questions truthfully. Do not hide facts or information because this might hurt your case

or credibility. As well, your case cannot be fully evaluated if information is missing 8. Think carefully about any recommendations your Steward may make. Recommendations are not

made unless the Union believes them to be reasonable 9. If you move or change your name, please notify the Steward, Local or UNW. This allows the

union and your Steward to keep in touch with you. Sometimes it happens that the union reaches a settlement with the employer only to discover the individual has left employment and moved, with their whereabouts not known. Your grievance can also be abandoned if your whereabouts become unknown and you cannot provide information quickly.

GRIEVANCE FORM UNW Local Number: ____________________ Grievance number: _________________________ Bargaining Unit: _________________________ Community: _______________________________ Department: _____________________________ Date:_______________________________ Name of grievor(s): _________________________________________________________________ Address: ___________________________________________________________________________ Phone: ____________________ (H) _____________________ (W) Fax _______________________ E. Mail: ____________________________________________________________________________ Nature of grievance (attach separate sheets if needed): _____________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Redress requested: __________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Violated Article(s) of Collective Agreement: _______________________________________________ __________________________________________________________________________________ and any other relevant articles of the Collective Agreement, legislation, regulations and policies. _________________________________ ________________________________ Grievor’s signature and date UNW representative’s signature and date

- - - - - - - - - - - - - TO: Employer’s designated respondent Please complete this section and return it to the UNW representative. This acknowledges that I have received a ______ Level grievance from _______________________________________ on _______________ and that I am aware that the collective agreement requires that I reply in writing to the UNW representative within ________days. ------------------------------------ ------------------------------------------ ------------------------------------------ Signature Printed name Date

GRIEVANCE FACT SHEET page 1 of 4

(For internal Union use only)

NOTE: To refer a grievance to Final Level or Arbitration, contact your Service Officer.

Local: _____________ Grievance File #: ________________ Prepared by: _______________________ TIME LIMITS (See collective Agreement)

Level 1 Management’s response

Level 2 Management’s response

Level 3 Management’s response

1. Contact information: Who is involved in the grievance? (a) Grievor’s name:_______________________________________________________________ Personal email address: ________________________________________________________________ Home address: _______________________________________________________________________ Phone: ____________________(W) _________________ (H) ____________Fax: __________________ Department: _____________________ Employer: ________________ Start date: ________________________________ Previous continuous service: ___________________ (b) Immediate supervisor: _______________________ Position: ___________________________ Email address: ___________________________________Phone:________________________ NB: Always ask the grievor to write a statement explaining what happened and why he/she wants to grieve (c) Witnesses for the grievor: If a witness is willing to give a written statement, have the person

write one immediately. Whether or not a witness is willing to testify, indicate on a separate sheet what testimony this person could be expected to provide. Add extra page(s) if needed.

Name:_________________________________________________________________ Address: _______________________________________________________________ Phone: ____________________(W) ____________________(H) __________________ Willing to testify? Yes/No ______ Will give written statement? Yes/No ________

GRIEVANCE FACT SHEET page 2 of 4

(For internal Union use only)

(d) Witnesses for management. Add extra pages if needed. Name: _______________________________________ Phone: ___________________ Address: _______________________________________________________________ Name: _______________________________________ Phone: ___________________ Address: _______________________________________________________________ 2. Facts of the grievance (a) What happened? What is this grievance about? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (b) When did the violation occur? Date and time of violation? How often? Is it an

ongoing problem? For how long? Is it within the time limits to proceed with this grievance?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (c) Where did the violation occur? Name the exact location, department, community, work

site. If it involved a piece of equipment or machinery, note the type and serial number. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

GRIEVANCE FACT SHEET page 3 of 4 (For internal Union use only)

(d) Why is this a grievance? Is there: violation of the collective agreement? Supplement?

Law? Past practice? Safety regulations? Ruling or arbitral awards? Unjust treatment? If the grievance concerns the interpretation or application of the collective agreement or legislation, record the violated article. Ensure you have spoken with your Regional Vice President before filing this type of grievance.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (e) What actions are required for the settlement of the grievance and redress in full?

The aim is to place the grievor in exactly the same situation, he or she would have been in had the incident or violation not occurred. Always ask for the grievor to be “made whole.” This includes the provision of back pay with interest; sick, special, vacation leave entitlements, etc.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 3. Employer rationale/argument ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 4. Record of conduct. If the grievance relates to discipline, provide details of the grievor’s past

disciplinary record ( i.e. previous verbal or written warnings and/or penalties imposed on the grievor, dates and reasons why they were imposed). Note if a grievance is outstanding on any of these issues and if any of the previous warnings or penalties are related to this grievance, e.g. repeated lateness, absenteeism.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

GRIEVANCE FACT SHEET page 4 of 4

(For internal Union use only) 5. Documents: Attach all documentary evidence relating to the grievance (i.e. letters of reprimand, memoranda, directives, schedules such as seniority list, wage schedule, leave forms, travel forms, etc). A: _____________________________________________________________________________ B: _____________________________________________________________________________ C: _____________________________________________________________________________ 6. General comments: If you have any personal knowledge of the grievor that might assist the

union at other levels of the grievance process later, include them here. List any other valid opinions such as merits of the case.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 7. Steward’s name: ______________________________________________________________ Date: ________________________________________________________________ Phone: ____________________(W) ____________________(H) Fax: ____________ E.mail: ________________________________________________________________ Note: If you have additional comments or information, include it with the form on a separate page(s). If further information becomes available or if there are changes to this Fact Sheet after the grievance has proceeded to First Level or beyond, these additional comments should be made known immediately to the Union.

APPENDIX C: REFERENCES, RESOURCES AND CONTACTS

In order to perform your role as a Steward effectively, you will need certain “tools” and resources to help you. The following checklist list is not exhaustive, but should help you identify what you will need. Add more things to it as you identify new resources and build up your own network of useful contacts.

Collective agreement(s)

Legislation (e.g. Public Service Act (for GNWT members), Labour Standards Act (for other members) and Safety Act and Regulations, Canada Labour Code

Past grievances

Local’s files

Up to date list of members which you represent (with contact details)

Updated list of your Local executive (with contact details)

Updated list of other Stewards in your area or region (with contact details)

List of Regional Vice Presidents (with contact details). RVPs are based in Deh Cho, Inuvik Beaufort, Kimberlite, North Great Slave, Somba K’e, Hay River, Ft. Smith

A list of resource persons from your community (with description of services they provide) and social activists (i.e. “friends of the Union”)

UNW Regulations and By-Laws (also your Local By-Laws, if there are any)

Contact details of UNW Service Officers

This UNW Shop Steward Guide

PSAC Steward’s Handbook

PSAC Policies (on heath and safety, harassment, human rights, pay equity, etc)

Membership applications

Grievance fact sheets (available from your Local or UNW offices)

Grievance forms (available from your Local or UNW offices)

UNW website: www.unw.ca

Others (identify them below): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

A Steward’s Useful Contacts: Local President:------------------------------ ------------------------------------ Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Secretary:--------------------------------------- --------------------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Chief Steward:--------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Service Officer:-------------------------------- --------------------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Resource person:---------------------------- --------------------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:--------------------------------------------

Local Vice-President:----------------------- ------------------------------------ Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Treasurer:--------------------------------------- --------------------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Regional Vice President: ----------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Resource person:---------------------------- ------------------------------------ Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:-------------------------------------------- Resource person:---------------------------- --------------------------------------------- Phone:-------------------------------------------- Fax:------------------------------------------------ E. Mail:--------------------------------------------

UNW Shop Steward Guide/April 2004/Z: drive/Revised 2007/2010/2015/Chaka. Rukobo

NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________