UNIFOR NATIONAL'S WORKPLACE GRIEVANCE COURSE

Part 1

Unions are like insurance, it's better to have it and not need it, than have nothing when you need it.

I watch and listen to out-of-scope members get yelled at, belittled, and threatened by their supervisors and wonder why they do not stand up for themselves. I guess fear of losing their job is more powerful than standing up for their rights.

That is why I love being in a union, especially Unifor, we are not alone and if someone needs help or support, they are not alone. I learned in the 3-day grievance course that when it comes to someone in the union who needs help, they get trained and knowledgeable union reps to help them through the process of grieving any wrongdoings caused by the company or management.

We must remember that managers are people who do not know everything and make mistakes all the time, after all, they are only human.

The 3-day grievance course showed me that it is not just the paperwork that makes a grievance happen. There are meetings, investigations, information gathering, and many hours of volunteer work and preparation that goes into each grievance and you are not alone.

There is a group of 594 brothers and sisters here to help you. It's easy to push a lone person around, but hard to push Unifor members around because we are not alone, we stand together and fight for our rights.

Unifor has many years of experience and people to help, united we stand together. Stay strong my sisters and brothers of 594. Remember union dues are not to pay for parties, gatherings, and entertainment; but are there to ensure you are protected and supported emotionally, spiritually, and financially when you need it.

Shane Thompson

Unifor 594, VMG Shop Steward

Part 2

On February 28 to March 2, I had the privilege of attending Unifor National’s Grievance Handling Course in Moose Jaw. It is aimed at new shop stewards, such as myself, to provide a basic foundation from which to build as we take on our new roles.

It began as an introduction to Unifor and origins in the 1980s and early 1990s, when our predecessor unions broke away from their American counterparts, becoming the CAW and CEP unions, who later merged in 2013 to become Canada’s largest private sector union. We also learned about the structure of Unifor National.

From there we dove into what our roles are as shop stewards and got an introduction to grievances and the processes involved when it comes time to stand up for our members’ rights in the workplace. We listened to stories, shared some experiences, and did some group activities where we were given a scenario, and had to decide if and what types of grievances were to be filed, and learned how to properly fill out a standard grievance form.

The course touched on many issues affecting people in workplaces today including gender equality, domestic violence, harassment, depression, suicide, and addictions. The goal is not so much to become experts or counsellors ourselves regarding these issues, but rather to have the level of understanding necessary to better help them find the resources we have available through our employer.

Whether we are simply helping a co-worker in need, working to ensure the terms outlined in our collective agreement are upheld, or coming to someone’s aid against an excessive reprimand, the goal here is the same as it is for everything else we do as a local: to ensure our membership, as a whole, arrives at the best possible outcome.

Thank you for the opportunity,

Cam Parisien, Section 4 Shop Steward

It has been a little over seven months since the Grievance Backlog Project (GBP) began and those serious conversations about the 150-plus active grievances have resulted in numerous settlements or grievance resolutions. They can include a wide range of terms and conditions for both parties and vary depending on the fact-specific circumstances.

The GBP process has forced the Company & Union to be creative in crafting settlements, in ways not typical of the grievance process. In many instances, the individuals at the center of the issue are no longer employed at the refinery and institutional knowledge is lost. While a side's stance or interpretation of the issue at the heart of the grievances may not have changed, there is a common willingness to resolve or move on from long-standing disputes and improve the labour relations climate.

Normally, arbitration awards provide clear direction and interpretation of a collective agreement issue and the decision is binding to all parties, but arbitrations are highly combative, time-consuming and expensive. Ultimately, the Arbitrator has all the power. Reaching a settlement before arbitration is likely to yield an outcome that is more beneficial to everyone involved.

Throughout the GBP we have reached a variety of settlements that has impacted members from every corner of the plant. This could include altered/reduced suspensions or discipline. We have also resolved grievances that result in the Company making charitable donations in 594's name. Or it could be direct monetary compensation to a member if there were missed work opportunities or a potential violation of rights afforded by the collective agreement. Another potential example would be the Company making a commitment to enter maintenance work into the Contractor Log Book that was previously missed.

It's not unusual for settlements that include a benefit or damages to the Union, to also include language that an agreement won't be deemed or construed as an admission of liability or wrongdoing by the Company. Grievances filed regarding more sensitive issues are likely to see additional confidentiality clauses added to settlement documents. This constrains all parties from discussing details or specifics about the settlement more than otherwise legally necessary.

There are two other common phrases found in the majority of settlements, the first being "non-precedent setting". This means that the settlement cannot be used as a guide, rule or justification for subsequent similar situations. The second common phrase being "without prejudice". This basically means that statements made in the settlement of an existing dispute cannot be relied upon as evidence or used against one of the parties in the future. As an example, if we settled a door repair contracting out grievance that included this language, while beneficial at the time, we could very well end up filing the exact same grievance a month or week later for the exact same thing and we'd have to start from scratch. While we may settle a specific grievance from a specific moment in time, it simply "kicks the can down the road" because it doesn't necessarily resolve the question of when can the Company contract out door repairs. To get that answer, the parties must advance the grievance to arbitration.

The Union continues to engage the Company in good faith GBP discussions to pursue as many settlements as possible that are advantageous to all involved, but at the end of the day our directive is to protect the collective agreement and the rights of the membership. Doing so will result in a better, more successful work environment.

Richard Exner, Chief Shop Steward

LAST LAUGH

• Congratulations Tyler Bird (Yield Accounting) and MacKenzie who welcomed their daughter Abby May born February 22, 2023.