In 2017, two policy grievances filed by the UNW regarding the GNWT’s improper hiring and misuse of casual employees went before an arbitrator.
The UNW claimed that across all departments, the GNWT was incorrectly hiring casual employees for longer periods of time than was allowed; was systemically rehiring casual employees instead of creating term positions for them; and was using casuals on an “as and when” basis who should have been hired as full-time relief workers.
An arbitrator ultimately ruled in favour of the UNW and, over the next couple years, the UNW continued to wrangle with the employer over the amount of the remedy and how it would be administered to affected employees.
A recent supplementary award from the arbitrator confirming the employer’s obligations has now allowed the UNW to move forward with distributing the funds to affected members.
If you, or someone you know, was a casual employee of the GNWT prior to April 20, 2019, you may be eligible to receive a portion of the remedy. Check out the UNW website (www.unw.ca/casuals) for more information if you think you qualify.
It's unfortunate that these processes sometimes take as long as they do, especially when some of the members involved have moved on and may not even be in the NWT anymore. But the grievance and arbitration process is an important and effective tool that union members can use to address violations of their rights in a workplace.
When a unionized worker encounters an issue at work that can’t be resolved through healthy discussion with their supervisor, they have the benefit of being able to consult their union. This might be a fellow member who has been appointed as a union shop steward in their workplace, or it might be a service officer employed by the worker’s union to provide assistance.
If it is determined that the worker’s collective agreement rights are being withheld or contravened, that worker can file a grievance against their employer to resolve the issue.
Many people think that filing a grievance is an aggressive approach, but it is actually a formal procedure that allows both sides to bring forward evidence for or against a complaint, and provides a fair and predictable process for the worker and employer to attempt to resolve the issue.
Many workers’ encounters with their union are for individual workplace issues and grievances, but one of the roles of a union is to determine if an employer appears to be contravening a collective agreement systematically or on a larger scale.
This is why it is so important to report workplace issues to your union – it is possible that whatever is happening to you could also be happening to others.
If a union receives multiple reports from different members about an employer violating a particular term or condition of a collective agreement, it provides evidence for the union to investigate the matter more closely.
When an employer is found to have been violating articles of a collective agreement as common practice, the union can file what is called a policy grievance.
Usually, these grievances come down to conflicting interpretations of the collective agreement language, but sometimes is it an employer just not following the terms of the agreement.
If the policy grievance cannot be resolved through the regular steps of the grievance process, it is brought before an arbitrator for a final decision. The arbitrator is a neutral third party who reviews evidence, listens to witness testimony, and makes a legally binding decision after a careful analysis of the facts. Arbitrated decisions are public documents, although sometimes names may be redacted, depending on the sensitivity of the grievance.
When the stakes are high (e.g. the employer is facing a large payout or a significant policy change) the process can drag on for years. It’s amazing how much time and money some employers are willing to spend fighting their workers over something that would cost them less than their lawyers’ fees alone.
Sometimes, the outcome of an arbitration is, for example, a policy change, award of monetary damages, a grievance dismissal, reinstatement of position(s), a declaration of wrongdoing, or an apology. In the case of the GNWT casuals arbitration award, hundreds of current and former UNW members could be eligible for financial compensation.
A win for one is a win for all, and all it takes is one worker who is willing to stand up to their employer and fight for their rights.
But as a unionized worker you do not stand alone – you have the strength and solidarity of your fellow members behind you.