By the end of this module, participants will be able to:
- Identify what rights members have in the workplace and where those rights come from,
- Give examples of rights UTE members have in the workplace,
- Know about the right to grieve.
In the labour history module, we learned about how workers who came before us fought for and won many of the rights we have today. Now we’ll look more closely at some of these rights.
As Employees of the Government of Canada we have many rights. These rights come from many different sources.
The Real Rules About Union Activity in the Workplace
UTE members have the right to promote and build our union in the workplace. Members have the right to be kept informed on the employer’s premises during non-work time, before or after shifts and during paid or unpaid breaks and lunch periods. This is the law.
Members have the right to:
- Read union literature. Members can also sign petitions and share information about the union’s campaigns during non-working time.
- Talk union. Members can talk to co-workers about the union at work as they would any other subject – and help keep everyone informed about UTE activities.
- Hand out leaflets before and after work. Members can distribute materials outside or inside the workplace. Even if the entrance is in a commercial area, members have a legal right to engage in this activity. The employer is prohibited from interfering with these lawful union activities.
- Desk drops. Members can “drop” information at members’ workstations. With the employer’s permission, they are allowed to distribute publications that reflect the union’s perspective on workplace issues, as long as the information is accurate and non-defamatory. This is a great way to invite members to information sessions, provide updates on union business and recruit new volunteers.
- Post information on union bulletin boards. Collective agreements generally allow members to use workplace bulletin boards for union purposes. Make these boards “communication central” for the union by keeping them up to date. Remember to include contact information for local representatives.
- Wear the union message. Members can wear buttons, lanyards, stickers, t-shirts, and other items that communicate the union’s message. Even if members wear a uniform, there are ways of wearing a union message!
- If management interferes with the rights of members or discourages them from participating in our union in any way, locals must take action:
- get information from the affected member(s)
- contact the supervisor to resolve the issue
- if there is no satisfactory response, file a grievance
- if management insists on interfering, advise the member to comply and then grieve.
Where is this right outlined?
Federal Public Sector Labour Relations Act
186. (1)
Neither the employer nor a person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer, shall
(a) participate in or interfere with the formation or administration of an employee organization or the representation of employees by an employee organization;
Collective Agreement
- NO DISCRIMINATION
19.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity and expression, family status, mental or physical disability, membership or activity in the Alliance, marital status, or a conviction for which a pardon has been granted.
The right to meet your union representatives
This right is established under Article 13.05 of your collective agreement:
13.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist.
The right to grieve
Section 208 of the Federal Public Sector Labour Relations Act (FPSLRA) is one of the authorities under which we have the right to grieve.
Right of employee
208. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
(a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.
Article 18 of your collective agreement also establishes this right:
18.07 Presentation of grievance
Subject to and as provided in section 208 of the Federal Public Sector Labour Relations Act (FPSLRA), an employee who feels that they have been treated unjustly or considers themselves aggrieved by any action or lack of action by the Employer, in matters other than those arising from the classification process, is entitled to present a grievance in the manner prescribed in clause 18.06 except that:
(a) where there is another administrative procedure for redress provided by or under any act of Parliament other than the Canadian Human Rights Act to deal with the employee’s specific complaint, such procedure must be followed, and
(b) where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the employee is not entitled to present the grievance unless they have the approval of and is represented by the Alliance.
18.10 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level. The Alliance shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
Meetings During the Grievance Process
14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of their grievance, the Employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area, and reasonable leave without pay when it takes place outside their headquarters area.