Recently, the UNW celebrated an important arbitration win that spells out an employer's obligation to protect workers from third-party harassment (UNW v. GNWT re: J. Patterson).
This win is significant because the language of the decision sets a new precedent for worker protections not only in the NWT, but across Canada.
Most people only see the public side of union activism – lobbying governments, responding to media, and other activities that have a "public" face.
When a union takes an official stance on a public issue, there are some things to keep in mind:
First, union leadership at any level, from President to Local executives and reps, must uphold and defend the collective rights of its members.
Some members may not agree with all the messaging, but it’s important to remember that there is a collective responsibility to protect the rights and benefits members have fought for.
Second, union leadership is elected by and from the membership to speak and act on their behalf. In the UNW, members re-elect or replace their Local leadership at AGMs.
Executive members and table officers of the Executive are elected at every three years at convention, where members also have direct input on the direction they want their elected leaders to take during their term.
Just like the politicians we elect to the territorial and federal government, union officers represent a diversity of experiences and voices.
And just like our current political landscape, the loudest voices don’t always represent the majority.
This is why large unions are often broken up into Locals – to ensure groups with similar circumstances such as location, occupation, and/or employer are given representation and voice through their elected Local and leadership.
Locals must ensure they are properly representing their members. This includes record keeping and keeping their members informed on the activities of the Local and union by holding regular membership and executive meetings with financial reporting. It includes listening to their members – but not just the loudest ones – and making decisions that benefit the majority of members.
These are all activities that the public sees and should be aware of; but in fact, a lot of union work is behind the scenes.
A union’s major focus is assisting members with protecting and upholding the rights and benefits of their collective agreement.
Because this work involves representing and assisting individual members through workplace issues, it doesn't get the same coverage – and for good reason, as the confidentiality and the privacy of members is taken very seriously.
At the UNW, over 65% of union staff are dedicated to member services.
If a member’s issue is grievable – which means a violation of the collective agreement is thought to have occurred – union shop stewards (members) and service officers (staff) assist members with moving through the process of resolving the issue.
When a grievance is especially egregious or simply cannot be resolved through discussions between the member, their union rep, and their employer, the final step is to take it before an arbitrator.
An arbitrator is a neutral party, similar to a judge, who listens to both sides and makes a binding decision on the matter.
Arbitrations are a big deal. An arbitrated decision is a top-level decision that binds the parties and sets a legal precedent for interpreting articles of a collective agreement moving forward.
It is also a public process – which means if a matter goes to arbitration, names and evidence are made public once a decision has been rendered (with some exceptions).
Over the years, members who were willing to fight for their rights have won huge victories that have impacted working conditions for their fellow workers and set precedent for other employers.
Arbitrations can also arise out of policy grievances. These are filed by a union when an employer has been systemically breaking the collective agreement, and they apply to multiple members.
The GNWT Casuals Decision that the UNW was recently awarded through arbitration is an example of the union successfully holding the employer to account for deliberately misusing casual positions to avoid staffing processes that would put workers into more stable positions such as term and indeterminate – which pay members their full benefits and entitlements.
Arbitrations don't happen out of nowhere.
They require the union to bring them forward, can take a long time, and be expensive.
But standing up for each other when an employer isn't following the rules – it’s why unions exist!
So next time you find yourself wondering, “what does the union do for me?” think about your upcoming weekend, your right to refuse unsafe work, overtime pay, and all the other rights and benefits that workers enjoy because the union members collectively fought for them – both in public and behind the scenes.