RETURN UNDELIVERABLE CANADIAN ADDRESSES TO:
Yukon Employees’ Union 2285-2nd Ave. Whitehorse, Yukon Y1A 1C9
NEWS
Yukon Employees’ Union
Breaking new trail for workers' rights & social justice. August 2016
the employee has not yet had an opportunity to secure union representation.
These meetings are usually respectful, and less than an hour long, and any party can request a break for private discussions or sidebar chats.
It’s another day at work - everything seems to be going well and it’s shaping up to be a good day. Then you receive a request to attend a meeting the following day and your supervisor advises you to bring a union rep to the meeting!
What’s happened? Why won’t they tell me what the meeting is about? What are the specifics? Being asked to attend with few answers can be incredibly stressful. You have been called to a fact finding meeting.
Fact finding meetings are the first step in resolving a workplace issue. When a supervisor or manager receives a complaint or incident report involving a staff member, they are required to investigate - and they need to talk to you to get your version of the incident. If you have been asked to such a meeting, you must attend.
The fact finding meeting is based on the premise that there has been a problematic event or incident of some kind. The employer needs to ask questions to determine what happened. You might not be directly involved; you may have witnessed the incident or have information that may help to make the situation clear.
These sessions are not meant to be punitive, but should offer space for an open and honest dialogue. These conversations can feel stressful for the employee and may feel like a cross examination, but that is not the intent. Your union representative will be there with you to protect your rights.
Why do I need a union representative? The employer must advise an employee of the need for representation if there's any chance of discipline down the road. The employer can’t deny representation then impose discipline later; this goes against the CA and the principles of natural justice.
Why won’t they answer my questions before the meeting? Well, this is twofold; while they may state “we are going to be discussing event ABC” they cannot discuss the actual event outside the meeting. First, the employer would like to see unchecked, honest reactions to the questions posed. Secondly, if the employer engages in this conversation it may be construed as part of the fact finding session when
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What can I say? What can’t I say? The intent of these fact findings is to bring the facts to light. The employee is responsible to be open, honest and accountable. Your union representative is there to protect your rights and ensure process is followed - they are not defense attorneys.
This is a meeting about FACTS. The employer may ask what others thought or said; avoid commenting on how you believe others think or feel about the incident or parties involved.
Do I get to have my say in the meeting? Of course - this is not a one sided barrage or cross examination. During the meeting you will be asked if there is anything you would like to add. This is the time when pertinent items can be offered if they have not been addressed in the questioning. This is not the time to deflect accountability, point out others’ poor behavior or inject supposition or rumor. Your additions should be factual, pertinent and meaningful.
It’s likely that the employer will investigate the issue with other employees named in the event. These sessions are confidential and private, and employees are advised not to speak about these meetings outside official channels.
How do I get Union representation? Call 867-667-2331 as soon as you’ve been notified of the meeting, and ask for the intake officer. They will ask you for the meeting time & location and ask whether have any idea what the meeting may involve.
YEU will make a call to see who is available to attend with you. Once a Steward has confirmed, they will contact you to discuss the process and answer your questions. Some Stewards will contact you well ahead of time while others, depending on time of notification, may make arrangements to talk just prior to the meeting.
What can I expect once the meeting is over? Timelines are usually established at the end of the meeting. Your supervisor or the HR Representative will notify you of the timeline and might advise you that another meeting will be requested if more questions arise during their follow up. Generally, the post-meeting fact finding time is one to two weeks.
What will happen to me? This depends on the incident and your role in what transpired. I will cover this in future atricles posted to the YEU blog: www.theunionbillboard.ca In Solidarity, Rob Jones - President, Local Y010
YEU NEWS August 2016
Trans at Work; Dignity & Discrimination on the Job YEU walks alongside our trans and gender non-conforming members, urging employers to ensure difference does not preclude employment, workplace safety or dignity. A system designed without thought for those outside the strict male/female binary has entrenched discrimination at every stage of the employment journey. Trans workers encounter incidental discrimination in the form of old policies, language and practices established before anyone considered inclusion as an objective. That type of discriminatory practice is easy to remedy, if the will exists.
Some discrimination is far more overt. Trans & gender nonconforming workers are afraid to be themselves for fear of bullying, or of risking their job. Intolerant workplaces quietly permit managers to restrict access to training, promotion, to employment itself. Sometimes the need to accommodate workers is seen as too great a burden and employees risk being performance managed out of work.
To accept a job with YG, for example, individuals must log in through an online portal and select Male, Female or Unknown from a drop down menu. For a worker who is clear in their gender identity, “Unknown” is an affront; this is gender-based, systemic discrimination. The forms required to access medical leave or to request accommodation offer two gender options; male or female. If a trans worker is seeking accommodation, the necessary forms cannot be completed.
How does an employer get it right? The City of Whitehorse
has initiated required LGBTQI Welcoming Workplace training for all staff to create an equitable work environment and to ensure clients don’t experience discrimination when accessing City services. Yukon College has taken steps as well through an LGBTQ club that welcomes everyone.
Until the Yukon’s Human Rights Act is amended to explicitly include gender identity and expression as protected grounds, trans and gender non-conforming Yukoners are covered under the protected grounds of sex. Employers must respect that trans workers need to be in safe and appropriate work situations. Forcing them to identify gender at every step of their process, demanding doctor’s verification of gender identity, encroaching on dignity through intrusive and unnecessary procedural systems is a violation of the Human Rights Act.
YEU invites employers to act through policies and procedures which recognize some workers are gender non-conforming, trans, inter-sex and 2 spirited. Work with the trans community to identify gaps and how best to bridge them. Acknowledge your responsibility to protect workers, no matter their gender identity, under the Human Rights Act.
An authentic culture of inclusion will benefit our Yukon community far beyond the workplace doors. We challenge employers to create a new standard of equality and inclusion to help diminish hatred and violence.
How Can You be an Ally? • Challenge anti-transgender remarks or jokes • Support gender neutral public restrooms • Help make your workplace or group truly trans-inclusive • At meetings & events, set an inclusive tone • Listen to transgender people • Don’t make assumptions about a transgender person’s sexual orientation • If you don’t know what pronouns to use, listen first or ask • Don’t ask a transgender person for their “real name” • Be careful about confidentiality, disclosure & “outing” someone unintentionally • Don’t ask about a transgendered person’s genitals, surgical status or sex life Page 3
YEU NEWS August 2016
CANADA POST: MYTHS & FACTS MYTH #1: “Canada Post isn’t profitable” Canada Post’s top management is full of privatizers; CEO FACT: Canada Post has been profitable for 20 of the last
22 years, including the past four years. It was not profitable in 2011 because management locked out its workforce and lost a lot of business. Since the mid-1990s, Canada Post has put over a billion dollars in profits back into the public purse.
MYTH 2: “Canada Post is a waste of taxpayers’ money” FACT: Canada Post doesn’t run on any taxpayer money. It has actually put more than a $1 billion into the public purse. Canada Post became a Crown Corporation in the ‘80s to survive off its own revenues. Anyone who says Canada Post wastes taxpayers money is misinformed or lying.
MYTH #3: “The internet is killing Canada Post” FACT: Canada Post is shipping more items each year
than it was in 1989, five years before the internet took off. Letters are declining steadily but internet shopping has led to a boom in parcel deliveries. Canada Post is constantly setting new records in parcel delivery volumes. Canada Post is riding the internet shipping boom just like Amazon and other internet shipping companies.
MYTH #4: “We can’t afford pensions” FACT: Canada Post is profitable and postal workers con-
tinue to pay into the plan. Canada Post wants to weaken pensions for new hires, saying the old pension plan is too costly. But the pension crisis is a phony one. The pension plan has enough money to pay out workers as they retire. Rolling back the pension plan is a management cash grab.
MYTH #5: “We can’t afford home delivery” FACT: Canada Post can afford to restore and expand
home delivery. We don’t have to be the only wealthy country in the world that is cutting this service. Restoring and expanding home delivery would be even easier with new revenuegenerating services like postal banking, which exists in many other countries, including Canada until the mid-1960s. Canada Post’s own studies show postal banking is a financial no-brainer, but they don’t want postal banking or home delivery because they have another agenda. This agenda has nothing to do with providing essential public services.
Deepak Chopra sits on the board of a think-tank that called on the Harper government to privatize our postal service. Chopra was also a major executive for the world’s largest private mail corporation, Pitney Bowes. The end goal is to privatize our public service. Cutting home delivery and pushing rollbacks on workers is all about making Canada Post ready for pivatization and sapping public confidence.
MYTH #7: “We don’t want a labour dispute” FACT: Canada Post wants a labour dispute and disrupted
service so it can undermine our confidence in our public postal service, blame the dispute on the postal workers. The new Liberal government is also putting together a review of Canada Post; management wants a labour dispute and a phony pension crisis to dominate the agenda, not the restoration of home delivery and postal banking. Look out for corporate think-tanks, newspaper columnists and politicians repeating all these myths. The goal is to undermine a public service so the public won’t protest its privatization. A publicly-owned, financially-stable Canada Post is possible. We can afford decent jobs for all postal workers and home delivery for all. The internet has led to a boom in parcel deliveries. We could also have postal banking like other countries, giving us more options than just the big banks and predatory payday loans, and offer better banking services to thousands of rural and remote Canadians.
What do Canadians want?
The postal workers are not the problem. The privatizers running Canada Post are the problem.
Tell your MP you want a better public postal service, not one that cuts services and pushes for labour disruption. Send a message of support to our postal workers and if it comes to it, get down to the picket lines.
By Doug Nesbitt and Dan Darrah, www.rankandfile.ca
MYTH #6: “We won’t privatize Canada Post” FACT: Cutting home delivery, rejecting postal banking,
and pushing rollbacks on postal workers is about making Canada Post ready for privatization. Canada Post delivers two-thirds of the country’s mail, and has by far the largest retail infrastructure in the entire country. Private mail and shipping companies want these assets, and they want to get rid of Canada Post as a competitor. Page 4
YEU NEWS August 2016
A
From the President’s Desk
re Yukon Government’s Managers and Deputy Ministers intentionally making bad decisions? Maybe it’s a lack of understanding or an information vacuum that makes for face-palm results on critical cases? Either way it frustrates the hell out of me. It’s YOU, the members we represent, who suffer from some very bad decisions at every level of the grievance process. I attend many complex representation meetings including policy grievances, 3rd level grievances and arbitration hearings. This isn’t standard for an elected official of YEU but I want to observe the process. Poorly considered decisions result in grievances being referred to PSAC for arbitration, lengthening the process & leaving workers in limbo for years.
The cases that go this route include dismissals, lengthy suspensions, human rights complaints and issues of accommodation. The process can drag on, and the uncertainty impacts an individual’s physical and mental well-being & livelihood.
The cases don’t start out terribly complicated, so what happens? To answer that, we need to look at the first step in a grievance process. This varies by employer but typically starts with an immediate supervisor. Most of these individuals aren't trained to solve complex human resource problems - they are intelligent and well-meaning people - but they’re set up for failure by their employer. They are not given the freedom or the tools they need to be successful.
We see good people promoted into supervisory positions because they know the work; they have the knowledge to perform the job but aren’t given labour relations training. It's not just the supervisors who lack training either – the same is true for all levels of decision makers – Human Resource Advisors, Directors, CEOs and Deputy Ministers.
Accommodating a physical injury is straight forward – an injured worker is usually off work for a short period of time. Upon a return to work, limitations may include how much weight can be lifted or how long the worker may spend at a dedicated task. Mental health issues, invisible disabilities or addictions also require accommodation, the requirement is entrenched in law. This is where we encounter a minefield of miscommunication and a lack of understanding.
Supervisors need proper training to have difficult conversations with workers. Without the right skills, sensitive personal information that might inform a supervisor’s decisions can be misunderstood, inappropriately shared or lost in translation. An attempt at resolution can quickly turn into a performance management issue & rather than achieving an accommodation, struggling workers are disciplined. By the time someone figures out what needs to be done, all
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positions are firmly entrenched and the opportunity to problem solve is long past. Few directors, Deputy Ministers or CEOs are willing to rule against those below them; it reflects badly on the organization and frankly, most of the higher ups haven't received the training needed to know better.
After a few agonizing rounds of bad decisions, a case may end up referred to arbitration, and the people with the knowledge to find a resolution get involved at last. That sounds like a good & positive thing, doesn't it? Sadly, very few settlements are actually awarded by an arbitrator's decision.
Most employers offer to settle prior to the arbitration hearing, or during the proceedings. Why? If an arbitrator makes a decision in favour of the worker, it is precedent setting and becomes part of the public record. A settlement acts as a gag order - instead of public accountability, the matter disappears.
By the time a case reaches this point, the worker involved is often truly suffering either mentally or financially. While it would be great to stand on principal and hold out for a favorable decision and a culture change, it’s rarely feasible or recommended. Enough is enough and peace of mind comes first.
YEU won’t recommend a member continue a struggle just to achieve a ruling. Settlement offers are usually enticing enough and the grievor weary enough that they accept the settlement offer and try to rebuild their lives. Of course, without a binding decision, the employer is free to continue the practices that initiated the grievance process in the first place.
It’s true that not every employee is a model worker. Management has the right to manage and we respect that right when the employer operates in good faith. The union is willing to have tough conversations when members seek representation; that’s part of our job and reflects our obligation to the membership at large.
Some supervisors tell us they feel inadequately trained in labour relations and human resources. If the employer won’t fulfill their obligation, we’ll be glad to step up to help you get what you need.
Congratulations to employers who build strong teams through appropriate training and empowering policies. To the rest of you (and you know who you are) please put aside your pre-conceived notions, prejudices, superiority complexes and whatever else motivates you. Treat Yukoners - our members, with the dignity and respect they deserve.
YEU NEWS August 2016
YEU Shop Steward Round Table Wednesday August 17 9am - noon YEU Executive Boardroom 201-2285 2nd Avenue
Volunteers Needed! It may be the middle of summer, but YEU Local Y010 is already preparing for the annual Labour Day Feed The People BBQ on September 5. We’re already busy scrubbing, organizing and making shopping lists.
You can help out at the Slicing Party, Sat. Sept. 3, 2016 at the YEU Hall! Volunteers are needed to slice, dice, chop & husk. Bring your favourite hat to cover your hair - we’ll have plenty of aprons.
We’re also recruiting volunteers for the Sept. 5 BBQ; We need burger flippers, salad-servers & corn cooks! Contact Paul Davis for details; paulsurvelo@yahoo.ca
Explore the role of Shop Steward as a workplace problem solver and the stages of complaint processing prior to filing a grievance.
Some CA’s require members to have an informal meeting with an immediate supervisor before a formal grievance can be filed. In other agreements an informal meeting is suggested or encouraged but not required.
Settling conflict through informal discussion is almost always better for both sides.
Although a Steward does not always participate in meetings at this level, they can assist members by gathering and organizing the facts, tracking timelines, and coaching the member on how best to express the complaint.
We will look at active listening skills, recognizing when a complaint may be grounds for a grievance, networking with your Local Executive and knowing when to request assistance.
Becoming a Shop Steward is a great way to get involved in your Union, your workplace and your community. The Union is YOU! http://yeu.ca/for-members/get-training/
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YEU NEWS August 2016
Notes from the PSAC REVP for the North Jack Bourassa
Our meeting was a positive exercise in bridge building as our many common issues were addressed and consensus was reached on every topic. Clearly, we work well together and can present a common front to be reckoned with. The North is our home, its members our prime concern and together we’ll work to protect and advance their interests.
PSAC Regional Executive Vice President for the North Jack Bourassa met recently in Whitehorse with the presidents of the three northern PSAC Components. From left to right; President William Fennell, Nunavut Employees’ Union, REVP Jack Bourassa, Todd Parsons, President of the Northern Employees’ Union and Steve Geick, YEU President.
The Component Presidents & the REVP will meet again at PSAC’s National Board of Director Meetings this fall.
I
recently had the pleasure of meeting with the three component presidents of the PSAC North to discuss and work on Northern issues relevant to our members and work we did. For two days we had lengthy and fulsome discussions that ranged from education and grievance handling to succession planning… to name a few topics!
The YEU Hall at the corner of 2nd & 4th Avenues features a striking 3 dimensional wall mural. We’ve always thought it’s a great addition to our cityscape, but we’ve just found out it is so much more!
YEU/PSAC’s mural is a featured Pokéstop in Pokémon Go... the “get out and play” app released by Niantic in Canada July 18th. What is Pokémon Go? It’s a wildly popular game that has its players wandering the streets, faces buried in their phones through parks & parking lots around the world in search of Pokémon, Pokéballs, eggs and all manner of items we barely understand. We do know that there is more foot traffic than usual in the YEU/PSAC parking lot, and more youth dropping by the Hall than is common.
The question of course is... will we unionize Team Mystic, Team Valor or Team Instinct first, and is Candela, Blanche or Spark the most likely to try to win the YEU Presidency in 2017? Pokémon, YEU chooses YOU! Page 7
YEU NEWS August 2016
Meetings & Events
Y010 Monthly Meeting: 2nd Tues., 5:30-7:30 p.m., YEU Hall
Y017 Monthly Meeting: 4th Wed., 7:30 p.m., YEU Hall
PSAC Committees Meetings: Contact PSAC RO, 667-2331
Staff
Christie Harper, Union Advisor; charper@yeu.ca Susan Koser, Union Advisor; skoser@yeu.ca
Sharleen Patterson, Union Advisor; spatterson@yeu.ca Beckie Huston, Intake Officer; bhuston@yeu.ca Tammy Olsen, Financial Officer; tolsen@yeu.ca
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YEU Monthly Exec Meeting: 2nd Thurs., 6:30-9:00 pm, YEU
Shop Steward Sandwich Session: Tuesday Aug 2, 12-1, Local Room Shop Steward Round Table: Aug. 17, 9am - noon, YEU
Y010 Feed the People Labour Day Bbq: Sept. 5, Shipyards Park David Anderson, Shop Steward Coordinator; danderson@yeu.ca Roseanne Elias, Membership Svcs Assistant; relias@yeu.ca
Deborah Turner-Davis, Communications: dturner-davis@yeu.ca Laura Hureau, Executive Director; lhureau@yeu.ca
Yukon Employees’ Union Office, 2285 2nd Avenue Whitehorse YT Y1A 1C9 PH: 867-667-2331 Fax: 867-667-6521 Toll Free: 1-888-YEU-2331 Email contact@yeu.ca Visit www.yeu.ca, follow us on Facebook & Twitter & visit our blog; www.theunionbillboard.com Office Hours: Monday through Friday, 8:30 am - 5:00 pm.
YEU NEWS August 2016