By the end of this module, participants will be able to…
- Explain what a collective agreement is,
- explain why collective agreements are important,
- navigate the UTE collective agreement in order to find basic information,
- identify some rights specified in the UTE collective agreement.
The Collective Agreement
Definition: A collective agreement is a legally binding contract that defines employer’s and employees’ rights and obligations and establishes working conditions. It is negotiated between the union and the employer, along with other applicable legislation.
The kinds of terms and conditions covered by a collective agreement typically include wages and benefits, as well as terms and conditions of employment like seniority, hours of work, overtime, leave, etc., and a dispute resolution or grievance process.
- What’s the difference between collective agreement and an employer policy?
- Which takes precedence when there is a conflict between legislation, the collective agreement, and employer policy? Why?
Example: Article 45 – Leave without pay for relocation of spouse
45.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
The Employer may require documentation supporting this request.
- What right(s) does the clause establish?
- What obligations or conditions, if any, must be met by the employees and/or the union for the right to come into effect?
- What obligations or conditions, if any, must be met by the employer for the right to come into effect?
Example: Article 53.01 – Leave with or without pay for other reasons
53.01 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the employee prevent their reporting for duty; such leave shall not be unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this Agreement.
- What right(s) does the clause establish?
- What obligations or conditions, if any, must be met by the employees and/or the union for the right to come into effect?
- What obligations or conditions, if any, must be met by the employer for the right to come into effect?
Example: Article 19.01 – 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.
19.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If, by reason of paragraph (a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
19.03
By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
19.04
Upon request by the complainant(s) and/or respondent(s), an official copy of the investigation report shall be provided to them by the Employer, subject to the Access to Information Act and Privacy Act.
- What right(s) does the clause establish?
- What obligations or conditions, if any, must be met by the employees and/or the union for the right to come into effect?
- Where else is the right for members to be free from discrimination found?
Workplace discrimination can take many forms. For example, if, on the basis of a prohibited ground, you are:
- disciplined unfairly,
- denied benefits or opportunities, such as a promotion,
- harassed,
- denied needed workplace accommodations, or
- treated differently or disadvantaged at work.
Discrimination can take many different forms, ranging from overt to more subtle. Discrimination doesn’t have to be intentional. It can involve direct actions or behaviours, but it can also include policies and practices that disadvantage a group or individual based on a prohibited ground.
If you are unsure whether your situation involves discrimination, find out more information and speak to your local representative.
If you believe you have been discriminated against at work:
- Know that your collective agreement and human rights laws protect you.
- Keep records. Make sure to keep written records of any incidents that have happened at work and what was done about it. Keep all relevant documents as they could be useful as evidence.
- Speak to your local union representative about filing a grievance and/or other avenues of recourse. Your local representative can then get additional assistance, if needed, from UTE or a PSAC regional office.
- You may be able to use the employer’s internal process for dealing with discrimination complaints. Before filing an internal complaint, we recommend that you speak to your union representative to determine the best recourse.
- You may also be able to file a human rights complaint.
It is important to remember that there are deadlines for filing a grievance, so contact your union representative as soon as you are aware of the discrimination.
Human rights complaints
We typically recommend that members file complaints with the Canadian Human Rights Commission, often at the same time that they file their grievances. However, it is important to also use the grievance procedure. Filing a complaint with the Canadian Human Rights Commission ensures that you’re keeping all avenues of recourse open, but legislation requires that you first exhaust the grievance and adjudication procedure.
Example: Article 17.02 – Discipline and Article 18.10 – Grievance Procedure
17.02 Discipline
When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing, or to render a disciplinary decision which concerns them, the employee is entitled to have, at their request, a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one (1) days’ notice of such a meeting.
18.10 Representatives
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.
- What right(s) does the clause establish?
- What obligations or conditions, if any, must be met by the employees and/or the union for the right to come into effect? What obligations or conditions, if any, must be met by the employer for the right to come into effect?
Example: Article 12 – Use of Employer Facilities
12.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin boards where available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
- What right(s) does the clause establish?
- What obligations or conditions, if any, must be met by the employees and/or the union for the right to come into effect?
- What obligations or conditions, if any, must be met by the employer for the right to come into effect?
The Top 10 benefits of unions and collective agreements
1. Higher wages. On average unionized workers are paid $5.40 an hour or 23 per cent more than those who aren’t members of a union. The union advantage is considerably higher for women and lower paid occupations.
2. Greater equality. Compensation in unionized workplaces is more equitable overall, with relatively higher wages for lower paid workers and less of a wage gap for women, younger workers and racialized workers. Unions are also recognized for significantly increasing equality across society overall.
3. Pensions/benefits. Over 70 per cent of union members have access to a workplace pension, compared to less than 30 per cent of non-union workers. Union members have better health and other benefits, including leave, than non-unionized workers.
4. Job security and tenure. Unionized workers are more likely to be full-time, permanent and to work longer for their employers. For instance, 14 per cent of unionized workers are part-time, compared to 20 per cent of non-unionized workers; 12 per cent are on temporary status compared to 14 per cent of non-unionized workers; and almost half (49 per cent) have ten years of experience with their employer compared to just 35 per cent for non-unionized workers.
5. Health and safety. Unionized workplaces tend to be safer, with studies for the construction industry showing 30 per cent lower critical injury claims, 17 per cent fewer mobility impairments and 23 per cent lower lost-time claims. Unionized workers are more likely to report health and safety violations and minor no-lost time injuries (due to training, awareness and/or less fear of reprisal), which makes workplaces safer overall.
6. Predictable hours. Union contracts set predictable schedules, standard hours of work, overtime and shift premiums.
7. Training and education. Training and education is a major priority for unions, included as a requirement through contracts and also extensively provided by unions themselves.
8. Transparency and equitable due process. Wages are set by common wage scales and grievance and arbitration procedures provide for due process over disputes.
9. Workplace democracy. Unions provide democratic organizations through which workers can affect change in their workplaces, communities and in the wider world.
10. Advocacy and political action. Unions have paved the way in improving conditions for all workers, levelling the playing field so that non-union employers have to compete with them to attract workers.