Creating Community Guidelines for Union Social Media Groups

Does your Local have a Facebook page? Perhaps a small group of workers have created a closed group where they hope they can chat more freely in a private setting?

It is very important that the group or page administrators create and enforce community conduct guidelines for everyone’s protection.  Nothing on Facebook (or anywhere online) is truly private or safe from sharing, no matter how tightly you try to regulate the participants or the posts of its members.

How can something posted in a private, closed group make its way outside the group? Screenshots are the most common, but even photos with closed sharing restrictions can be downloaded or saved, and shared as easily as any other picture. Online activity may be grounds for dismissal so guidelines and their consistent enforcement are critical.

Here are some considerations when creating your guidelines:

  • Define the purpose of the page or group clearly in a post pinned to the top of the feed.
  • Make sure everyone knows who the page administrators are: provide easy contact info and be quick to respond to private messages flagging risky content. Ask members of the group or page to look out for each other online; if someone sees a questionable post, privately communicating with the poster (if possible) quickly can help minimize risk.
  • Make sure all group/page members know what to expect. If you intend to remove posts, make sure you’re clear in the guidelines about what would trigger the deletion of problem content.

What is problem content?

  • Profanity, offensive or violent language, defamatory comments about individuals or the employer.
  • Trolling; intentionally disrupting or hijacking conversations with abusive talk or off-topic comments.
  • Threats, threatening language, harassing or attacking comments directed at individuals or groups (again, including the employer or manager).
  • Discriminatory statements relating to gender, race, ethnicity, religion, sexual orientation or political beliefs, ability etc.
  • Sexually explicit material or links to sexually explicit material, sexual comments or innuendo.
  • Discussion of illegal activity.
  • Spam etc.
  • Discussion of confidential information relating to a client, patient, co-worker, student etc.
  • Disclosure of business information you should reasonably expect to be confidential or proprietary relating to your employer or place of employment.

Consider who will take over management of the group or page if the original administrators leave, move away etc. An unmonitored page is both a wasted opportunity to communicate and a risk. No matter what guidelines are in place, some people will not play nicely. Be prepared to take action in case of inappropriate activity on the page or within the group. It’s a matter of protection for all who participate in the online community.

 

Community Guideline Examples:

YEU Shop Steward’s Network is a closed Facebook group for our elected Stewards. Here are the guidelines we have posted for that group:

COMMUNITY GUIDELINES; PLEASE READ

This group allows YEU/PSAC Shop Stewards an opportunity to access information specific to the Steward role. This is a good place to share ideas and thoughts with your fellow Stewards to strengthen and support the work.

NOTE: This is not the place to post specific details of ANY grievance or member conversation, confidential information etc. Please make sure you maintain your Oath of Confidentiality in all communications, online and in person.

2 Questions to ask yourself before you post:

  • Does it build Solidarity?
  • Is it respectful?

If the answer to either question is ‘No’, please think of another way to phrase your post that supports the above 2 questions.

Posts may be removed if they are contrary to the spirit of these guidelines.

Members may be removed from the group if they consistently post in such a way.

If you have any questions about the administration of this private group, please contact YEU’s Communications Officer or Shop Steward Coordinator at 867-667-2331.

 

 

YG’s New Voluntary Severance Provision: What you NEED to know

yg severance provision graphic*New language has been added to the Collective Agreement between YEU/PSAC and the Government of Yukon. Article 19 Severance provides for voluntary early pay-out of severance pay under certain conditions.

It is important to remember this new provision is voluntary only – there is NO requirement to request an early payout of your severance. All other forms of severance such as the provision for layoff remain intact and are unchanged.

Severance is like a deferred long term savings plan. For every year you work you will have one week of pay set aside for when you retire. For employees who plan to work until they retire, the value of severance is 1 week of pay for each year of service, which is like having an additional 1.9% that is set aside annually for you by the employer.

The monetary “value” of severance varies considerably from person to person depending on years of service, your career plan, and the conditions under which you might expect to take severance pay.

Severance is intended to bridge your time between when you retire and when you get your first pension cheque or provide additional pay in the event you are laid off. There are occasions where several months elapse between the date of retirement and receipt of the first pension payment.

How will the new Voluntary Severance Pay-Out article work?

If you voluntarily take an early payout of your severance, the following applies:

  • You can only apply for it when you have at least 5 years of service
  • You can only take it in multiples of 5 year blocks
  • Early payout of severance means you will only be paid 50% of your regular entitlement. Rather than 1 week’s pay for each year worked, you will receive 1 week’s pay for each 2 years of service
  • Severance will be paid out at your current substantive rate of pay
  • There may be additional tax implications

If you voluntarily take an early payout of your severance and you are still employed, there may be additional tax payable. Any additional taxes will be your responsibility and will vary from person to person depending on your personal financial situation.

Another important factor to consider is you more than likely will be at a higher pay level when you retire. This means severance will be paid out at a higher level when you retire. 

*If you cash out early, you will continue to accrue severance, but like a savings account, once you withdraw severance, it is gone. It can’t be replaced or replenished over time.

*We recommend you do not access this provision unless you absolutely have to.


*For reference, the contract language is below
19.10 Severance Voluntary Pay-Out

A regular employee with at least five (5) years of continuous service may elect to have all or a portion of their accrued severance paid out prior to resignation or retirement, subject to the following conditions:

a)    Pay-out must be requested in five-year increments  (e.g. 5 years, 10 years, etc.)
b)    An employee may request a voluntary severance pay-out each time the employee accrues another five year increment of severance.
c)    Request for pay-out must be made by September 30 each year.
d)    Voluntary severance will be paid on the pay day falling immediately after November 1.
e)    An eligible employee is entitled to be paid by the employer severance pay equal to the product obtained by multiplying the employee’s weekly rate of pay by 1/2 by the number of full-time equivalent completed continuous years of service requested for pay-out to a maximum of 28 weeks.
f)    The number of years of voluntary severance paid out will be subtracted from remaining accrued balance of severance for the purposes of Article 19.
g)    An employee’s future earning and accrual of severance shall remain unaffected.

The Letter of Expectation: What Does it Mean?

Rob-Jones-Y010-President-2016

The fact finding meeting is over; you may never hear about the issue again, or the employer notifies you that they have come to a conclusion and you’re called for a follow up meeting.

During the meeting your supervisor reads out loud and presents a letter of expectation (LOE);  welcome to the performance management stream and the right of the employer to reaffirm the roles, responsibilities and accountability of your position within public service in Yukon.

Firstly, a letter of expectation is not discipline.  While it may feel like discipline (and trust me I know this feeling, having been through this process), it is not intended to be, nor is it a disciplinary action. 

A properly formatted letter of expectation should clearly outline the issues the employer has identified that need to be rectified, the changes they would like to see, the timeline for this change and the support and resources for assisting with process.

What happens after I receive this letter?

This is a shared responsibility; you as a public servant have been advised of your employment expectations and you should seek to meet the mark. It will feel like there is extra scrutiny on you and this is natural and actually accurate, but not in the “I’m gonna get you” way. 

After an LOE is delivered the employer is watching you, not to note your failure but to ensure your success.  It is incumbent on the employer to assist you in meeting the requirements of your position and the expectations that have been outlined. 

YTG (the employer) needs to provide access to support and resources to ensure you are successful.  Bear in mind  you are a big part of this success and it is incumbent on you to meet the requirements of your job contract with YTG. As the cliché goes it takes two to tango and for the most part you are the lead in the dance.

 How long does the LOE stay in my file?

As letters of expectation are not discipline they are not part of your file.  When it comes to your “file” you only have one and this is held at the Public Service Commission (you can make an appointment to see your file with PSC if you would like to review your public service employment file).  

Your LOE will be held by your supervisor and will not be in your “file” but will be kept for reference for the timeline provided in the letter.  An LOE will be deemed complete at your next PPP (Personal Performance Plan) provided the issues have been resolved and have not continued.  Now, if the behavior in the letter continues, this can open up the disciplinary stream (which I will cover in another post).  But we all know that this won’t be an issue……..right?

 A few other details….

 Letters of expectation do not always come from fact finding meetings. Employment behaviors can be noted and dealt with outside of fact finding meetings and delivered at the discretion of the employer.

  • Union representation is not required at the presentation of an LOE as they are not disciplinary, however, it is recommended by YTG that if it will be of benefit to the employee YEU representation can be in attendance.
  • As always, if there are questions or concerns call the YEU office at 667 2331 or call me directly at 334 4331, remembering there is a timeline for issues of approximately 20 days, so call early and get the answers.

 Yours in solidarity,

Rob Jones

rob jones

President, YEU Local Y010

 

 

YG’s Increased Vision Care Benefit: When does it kick in?

18605184 - broken glasses isolated on white

The increased vision care benefit negotiated for YG members in the recently ratified contract is not yet in effect.  The union’s team reached consensus with the employer’s team on an increase to the benefit, HOWEVER it cannot come into effect unless and until it is authorized by the Yukon Government’s Minister of Finance.

LETTER OF UNDERSTANDING “X”

CHANGES TO THE INSURED BENEFITS PLAN

The parties recognize that the employee group insurance benefits plan (the “plan”) design is governed by a contract which covers all Government of Yukon employee groups under specified terms and conditions and that the process for recommending any changes to the plan is governed by the Joint Management Committee (JMC) pursuant to the Public Service Group Insurance Benefit Plan Act.

The parties recognize that any proposed changes to the plan made pursuant to the JMC process will be in the form of recommendations, subject to the authority and final decision of the Minister of Finance.

  1. The parties agree that a recommendation be made to the JMC to raise the vision care maximum to $300 every two years, effective date of renewal.

What does that mean?

The approval will be sought by the JMC at the October 2016 meeting, and a decision returned by the Minister of Finance.

This is the first time we have sought such a change under provider Great West Life, we can tell you that changes can only occur to the plan at the yearly renewal date. That means no change will take place until April 2017. It is still tentative; although these recommendations from the JMC have never been denied in the past, it will not be official or in force until it is signed off by the Minister.

What should you do?

If you need new glasses & reimbursement now, submit your receipt in the normal way for repayment  of the previously authorized amount, $200.  If you can wait for reimbursement, you can also choose to hold off submitting receipts until after the change takes effect in April of 2017.

YEU will update you once we have more information to share.

Bad Decisions at YG

cropped Steve in black & whiteAre 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 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.

The YG Fact-Finding Meeting; What to Expect

Keep-Calm-call-union-small

It’s another day at work, everything seems to be going well and it’s shaping up to be a good day.  Then it happens; you receive a request to attend a meeting the following day and your supervisor advises that you are entitled to bring a union representative to the meeting!

What has happened? Why won’t they tell me what the meeting is about? What are the specifics? Aside from being frustrated that you can’t have these questions answered, being called to a meeting relatively blind is also incredibly stressful.

You have been called to a fact finding meeting.

Fact finding meetings are a very common and normal occurrence in Yukon Government workplaces.  When a supervisor or manager receives a complaint or incident report involving a staff member, they are required to investigate – this means they need to talk to you and get your version of the incident or event. 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 on the event being discussed. These conversations can feel incredibly 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?  It is incumbent on the employer to advise an employee of the need for representation if there’s any chance of discipline down the road.  Discipline is not always involved, but the employer cannot deny a member representation then dole out discipline after the fact; this goes against the principles of the Collective Agreement as well as the principles of natural justice.

Why won’t they answer my questions about the event or incident 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. Firstly 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 the employee has not yet had an opportunity to secure union representation.

These meetings are usually less than an hour long, depending on the events and issues at hand.  During these sessions the employee, the employer or the union representative can ask for a break to have discussions or sidebar chats.  These meeting should be, and for the most part are, very respectful and smooth.

What can I say? What can’t I say during these sessions?  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 proper process is followed, but they are not defense attorneys and will not be using legal gamesmanship to avoid the issues at hand.

This is a meeting about FACTS, not about what you may think of a situation. Avoid deflecting accountability by drawing others’ poor behavior into the conversation.  The employer may ask what others thought or said, but you should avoid commenting on how you believe others may 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 several times if there is anything else you would like to add. This is the time where pertinent items to the event can be offered if they have not been addressed in the questioning.  This however is not the time to deflect accountability, point out others’ poor behavior or inject supposition or rumor into the meeting.  Your additions should be factual, pertinent and meaningful.

It is also likely that the employer will have investigated the issue by chatting with other employees named in the event.  These sessions are confidential and private, and employees are advised not to speak about these meetings outside of the HR/union/supervisory pathways.

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.

Once this information is collected, YEU will make a call to the Shop Steward group to see who is available to attend your meeting.  Once the Shop Steward has confirmed their availability, the Steward will contact you to discuss the process and answer your questions prior to the meeting. Some Stewards will contact you well ahead of time while others, depending on time of notification, may make arrangements to speak with you 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.  One possible pathway is the performance management stream, another is discipline.  I will cover these topics in an upcoming performance management and discipline article on the blog; keep an eye out and have a read.

Remember, fact finding meetings are a normal part of any workplace and your YEU representatives are there to support you through these meetings.Rob-Jones-Y010-President-2016

In Solidarity,

Rob Jones

President – Local Y010

 

Myths & Inaccuracies: An Open Letter to RYTS Manager Mike Healey

Steve Geick June 2016Mr. Healey:

Last Friday you held a press conference as part of your media blitz in response to YEU’s June 8 Risk at RYTS media release and blog post.  You expressed confusion and told the press that my worry for the safety of staff & residents is based on nothing more than “myths & inaccuracies”.

Myth:  noun| Definition: a person or thing existing only in the imagination; a popular belief that is not true.

Inaccuracy: noun| Definition: a statement that is not correct: an error or mistake

You told the press you don’t know where I got my data, and you don’t understand why I am raising the issue at this particular time when your staffing numbers are so high – you have over 120 full time staff members for the 7 Whitehorse RYTS homes, with an additional 46 AOC workers.  That’s both true and untrue.  Of the 46 AOC staff on your roster, only 23 of them have been deployed in the first months of the quarter.   It is INACCURATE to suggest that the numbers on your roster reflects the number of staff in any RYTS home on any given shift.

The data you questioned was provided to me by the Public Service Commission (your employer), when I met with them over the weeks prior to our news release.  I had many discussions with the Director and new Acting Director of Labour Relations at the PSC, both before and after they met with you to discuss the union’s concerns. It was INACCURATE to tell CBC you knew nothing of our concerns.

We became aware of the issues at RYTS over several months, as staff approached the union with grave concerns. Feeling helpless, threatened, & anxious for the well-being of their charges, many feel the needs of everyone involved are being ignored by management. Worse, they feel management has made the callous decision to value economy over safety.

Recently, more than 20 employees came to YEU for an emergency meeting; many others submitted concerns by email and phone. Most wish to remain anonymous for fear of putting their jobs or their colleagues at risk.  We have many stories from workers working alone in high risk situations with intoxicated and violent youth. Thankfully, few compensable injuries have occurred in the last year.

“Our staff and our youth are not put in unsafe situations at any time”. That’s a quote from your June 13th interview with CBC’s Sandi Coleman.

RYTS workers have catalogued a great many instances proving the exact opposite of that statement is true. I’m not sure whether to categorize your assertion as MYTH or INACCURACY, but it isn’t FACT. I’d call that statement laughable, but I’ll let you decide what you want to call it.

While your staffing stats show 46 AOC workers, you know as well as I do that it’s the House Log Books that tell the story of how frequently the homes are single-staffed. Sometimes the single-staffing is the result of an absence by an employee. If a worker calls in sick, no effort is made to fill the gap by calling in another worker. Workers are frequently required to move from one home to another mid-shift, sometimes more than once, creating instability and inconsistency for the children.

 “One night I had started a shift with two youth when I was pulled from the house to a different one in need. I had to immediately stop a game with the kids and leave. The youth left behind did not understand and were visibly upset. These are little forms of re-traumatization for youth with a history of abandonment/attachment issues.”

Workers are often scheduled to move from house to house mid-shift. This puts workers at a huge disadvantage. As one worker says, “you do not know what has gone down earlier in the day, and arrive at a house late at night where there is an intoxicated and/or violent youth with no understanding of what you are walking into”.

Mr. Healey, you mention process & procedure, including risk assessments. You say that supervisors do assessments on every scheduling situation using a comprehensive Hazard Analysis – ongoing, daily situational risk assessment.  While that may be the goal, we’d like to point out the following:

  1. Few of the staff we spoke to were even aware of these ongoing risk assessments; it seems reasonable that the staff would be consulted to assess risk, and advised of risk levels.
  2. These “daily assessments of scheduling situations” take place in the abstract. When on-the-ground realities change (a worker calls in sick, risk levels change in the home) there is no reassessment or recalibration done; additional workers are not reliably called in to keep staffing at intended levels.
  3. Only 2 of the 7 active supervisors will come in to assist when they are on call. The supervisors rotate nights on-call a week at a time. That means only 2 weeks in each 7 can staff rely on the certain availability of the on-call supervisor.
  4. If an urgent situation arises, supervisors advise calling another house for support, or calling RCMP if things get out of hand, refusing to authorize AOC hours.

Suggesting unsupported workers leave another house under-staffed or call the RCMP is an abandonment of responsibility. RYTS staff do everything possible to avoid calling the police. They know the RYTS home is often the child’s last chance before youth detention.

Mr. Healey, when you and I exchanged emails a couple of weeks ago, I asked for 6 months of minutes for the joint Health & Safety Committee meetings. These meetings are meant to be held with management and staff representatives.  Based on the minutes sent to me by your assistant, only 4 Health & Safety Committee meetings have been held in the last 9 months. That does not illustrate a meaningful commitment to safety in the workplace. I bring it up because you mentioned on air that these meetings are an important part of your safety process. Myth?

Rather than consider how to ensure staff and the children in their care feel supported, you have “invited” them all to attend meetings with yourself and ADM Brenda-Lee Doyle.

Your words: “The intent of these upcoming meetings is to listen to your concerns and ensure you have an understanding of the processes and factors that pertain to lower staffing levels. Although this is never ideal, I want to assure you that during times when the human resources are difficult to balance, your health and safety is our priority.” 

I translate that as “We will listen to your concerns then make sure you understand why they don’t matter. Sucks but hey, we’re here for you.”   By your own admission and in direct conflict with your public statements, your email recognizes that RYTS homes currently face lower staffing levels, and you are concerned for their safety.

So please clarify, Mr. Healey; were your comments MYTHS or INACCURACIES?  I’ll let you decide.

Steve Geick, President

Yukon Employees’ Union