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.

 

 

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

 

 

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

 

A Little Straight Talk about Workplace Discipline

disciplineIn the context of employment, discipline is the employer’s corrective response to a workplace issue, usually related to your performance or behavior. While Employers have the right to discipline employees, there are a number of questions that must be asked and answered before an employee is sanctioned.

First, the employer must establish that you did something “wrong” or acted in a manner that warrants discipline. In most cases, you will be invited to an investigative meeting so that the facts of the matter can be established.  For most employees covered by a Collective Agreement, your right to representation by the Union starts here. Call us for representation.  While some employees choose to go through this step alone, it’s important to remember that if the right questions aren’t addressed at this stage, you may receive discipline that is either not warranted, or more than you deserve.

You have the right to know what you are being disciplined for, and to present your side of the story.

When discipline is being considered, there are a number of factors that the union will insist the employer examines including:

• Did the employee act willfully?
•Was the employee properly trained?
• Has the employee received previous discipline?
• Are there mitigating circumstances?

If the employee’s actions warrant discipline, the next question is “how much is enough?” The employer’s corrective response should match the employee’s actions; discipline is not intended to be punitive. The union will look at whether the amount of discipline is in line with the offence and whether discipline has been progressive.

Progressive discipline provides a graduated range of responses to employee performance or conduct problems. Disciplinary measures range from mild to severe, depending on the nature and frequency of the problem. It is important to keep in mind that your employer is not obliged to follow a specific path; some conduct warrants substantial discipline regardless of the employee’s prior history.

Sometimes it’s not clear whether you’re receiving discipline, or coaching, or a verbal warning. If you are in doubt, or you are called to a meeting that might lead to discipline, call us; 667-2331.

Straight Talk: Off Duty Online Harassment may cost your JOB!

cloud-2“OMG – did you see Sarah’s outfit today?  Looks like she got dressed in the dark again!”

“Office romance alert:  it looks like Mr. Shiny-Shoes is cheating on his wife with Ms. Short-Skirts!!”

“All women are cheaters!”

We’ve all heard of cyber-bullying and online harassment through social media.  Did you know that if you engage in harassing behaviour online, you can be disciplined at work?  The rules of your employment don’t end when you go home for the day.  With the rise of social media, especially Facebook and Twitter, what we say online can really affect our working lives.

It doesn’t matter if you’re posting from your home computer long after your work day ends;  if your online behaviour can be linked to your workplace,  your employer may have a legal obligation to make sure you are not harassing your co-workers.  The law says employers have a responsibility to ensure a safe and harassment-free workplace.  That includes ensuring protection from after-hours cyber-bullying.

Ask yourself the following questions to consider whether your online activities may be inviting discipline:

1. Is what you are saying online harassing? Is it critical, mean or overtly personal?
The first thing an employer would have to consider is whether what you said was actually a problem.

~Were your comments about a specific person or could they be reasonably interpreted to be about a specific person?
~Were your comments offensive or bullying in nature (the argument that you were making a joke won’t fly here)?
~Were they discriminatory (were they about a protected ground in the Yukon Human Rights Act)?
~Were your comments objectively inappropriate?

2. Were your comments made in a public forum?
We tend to think of some arenas as private: your kitchen, your car, your Facebook wall….?!

Although there are different levels of privacy on social media, Facebook & Twitter are NOT private.  Even if you post in a private message, your comments could be shared using screen capture or other tools.

If you have made offensive comments that you intended to be seen by a private audience (through a private message on Facebook,  or to a select few followers on Twitter), you could argue that your comments were not made in a public forum.  Proving that your comments were not public would help any argument you would make if your employer disciplines you for online comments. The reality is that once you put something out on the web you lose control of it.

3. Were your comments reasonably connected to work?
If your comments were about a specific person in your workplace, whether you named them or just made it clear who you were talking about, your employer (and co-workers and friends and community members) could reasonably conclude that your comments were connected to the workplace, and therefore have an obligation to act.

If you identify yourself on social media as working in that specific workplace, then your employer may also conclude that any comments you make are related to work and reflect poorly on the employer.  Therefore, they may act to discipline you.

If the answer to any of these questions is YES, your employer may have a legal obligation to discipline you.

It is a complicated issue and there is not enough room here to go into the complexities. In the end, the best thing to remember is DON’T BE MEAN ONLINE!   Not only does it hurt other people, but it could come back to hurt you at work too!

Christie Harper, YEU Union Advisor

Call your Union…it’s really OKAY!

call your unionWe often hear fear in peoples’ voices when they phone the union hall for the first time. There’s a hushed voice at the other end of the line, reluctant to make the call, afraid of negative repercussions. We ask for a name and there’s a pause… a beat while the caller considers whether it’s safe to give their real name. We are accustomed to getting just a first name.

When we ask for details about the problem, we have to be patient. Sometimes the story comes out in tiny, vague pieces. Afraid of giving too much away, details are disguised and identities are masked. While we may get to the real story and names eventually, it requires careful listening and a lot of reassurance. There is fear that by calling your union you have set in motion something you can’t control.

There are a few things you need to know.

  • You are allowed to talk to your union!
  • Your information is confidential.
  • We will never, not ever, contact your employer without your express permission.
  • If you have a meeting with a Shop Steward, they are bound by the same rules of confidentiality that we are here at the Union Hall. They are trained, knowledgeable and discreet.
  • Sometimes the problem you are experiencing at work is not grievable; that’s a fact. Your union rep will help determine whether or not there are grounds for a grievance. If there are, the decision to proceed is yours.
  • If, after discussion with your union rep you choose to file a grievance, the process will be explained to you fully before any action is taken. You need to be comfortable with the way things progress. No grievance will be filed on your behalf without your consent & participation.
  • If you choose NOT to file a grievance or proceed with any action, that’s okay too. Sometimes all you need is someone objective to help you see things more clearly.
  • If you are called to a discipline meeting with your employer, you have a right to union representation. Call us as soon as you are told of a meeting and we will make sure you don’t go into it alone.

Your Collective Agreement is a big document. It may seem daunting but it’s worth a read. Your workplace probably has a Shop Steward or union representative who can take some time to go through things with you if you’re not sure. If you don’t know who to call, then please call us. We’re here to help. You can call us at (867) 667-2331. If you live in the communities, call us toll-free at 1-888-YEU-2331 (1-888-938-2331). And hey; you can always email contact@yeu.ca.