The Boss Wants your Medical Records? Call the Union …Quick!

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All of us at YEU are concerned for the privacy of YG employees and the protection of their personal & private medical history.

Sometimes workers must provide their employer with medical information to access a workplace accommodation or receive benefits. The right to privacy is quasi-constitutional, meaning it can’t be set aside or trumped by other policies or rules, so any exceptions to that right must serve a legitimate purpose. Any information shared has to be handled with extreme caution. An employee’s medical condition must have a genuine impact on their work, affecting attendance or creating performance issues. Without a significant impact, the employer does not have a right to medical information- period.

Employees seeking a medical accommodation are obliged to provide some information to the employer; we don’t dispute that. The information must be limited to prognosis and limitations or restrictions that would affect your ability to perform your job. Often though, there is uncertainty about what the employer is entitled to, and how they should be using and protecting this information. Your diagnosis is your business, not your employer’s. Requests for information or history beyond what is genuinely needed are invasive;  employees can never be sure who will see their private information once it has been provided.

We know of many instances where the Yukon government has collected extensive medical information on employees, far beyond what is required to access benefits or develop an accommodation plan. In several cases, information about other family members has been collected and shared – clearly without their knowledge or consent. Over time, these reports have been copied, e-mailed and viewed by many people in various government departments as well as other service providers.

This should never be allowed to happen; it can be very distressing for the workers involved, and is a significant concern for the union. Many employees do not ask for the union’s help at the beginning of the accommodation process, and end up providing a lot of unnecessary and deeply personal information to their employer.

An employee should share medical information only when absolutely necessary, and only the information absolutely required to reach an accommodation. Any general requests for medical records should be refused. The employee should also refuse to authorize any employer representative to speak with their doctor directly. A reasonable alternative is to have the employer write their questions out so that the employee can discuss it with their doctor and consent to specific disclosure.

YEU has asked the Privacy Commissioner to examine Government of Yukon’s processes around collecting, using, sharing and retaining medical information related to the disability management and accommodation process. In the meantime, we can help employees navigate the inquiry and accommodation processes and support employees in protecting their privacy.

Employees should contact YEU before agreeing to share any medical information. Call 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

 

 

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

 

Isn’t it Time for Gender Free Union Solidarity?

gender freeDear Friends & Comrades:

For years, the terms Brother and Sister have been used by unionists to call together our community. Continue reading

YEU Needs Shop Stewards!

YEU needs Shop Stewards…workers like you who are willing to take some training and be available to help colleagues who need an ear, someone to accompany them to a meeting or to help find a solution to a problem at work.

Who can be a Steward?  Any member in good standing of Yukon Employees’ Union can be a Shop Steward in their Local.

What about training? YEU has created a new staff position dedicated to strengthening our Shop Steward team. New training initiatives will be announced over the next year; it’s a very good time to step forward as a Steward!

YEU currently offers monthly Shop Steward Round Table sessions held the 3rd Wednesday morning of each month. These informal presentations offer opportunities to ask questions and learn from others. The PSAC office in Whitehorse also offers regular training on things like union structure, roles, Local Officers training and more. There is online training available through PSAC’s Education program and workshops are offered by affiliate organizations throughout the year.

Rob-Jones-Y010-President-2016Yukon Government has an employer/union co-facilitated course on the Grievance Process – required training for all YG Stewards which can be accessed by all YG members through the Quarterly. No union leave is required for this training. For other training approved during your regular work hours, YEU reimburses your employer for your time; you will not lose pay to attend.

What will I be expected to do? Your co-workers will likely ask you questions about the contract, the union or their own work situations. Stewards are called by our Intake Officer at YEU to accompany members to fact finding meetings with their manager or supervisor. Your role at these meetings is usually as an observer, note taker and provider of moral support. In some cases and with appropriate training, you may be asked to participate more fully in discussions at meetings, but not until you have received coaching and feel prepared to do so.

Is it all volunteer work?  Most contracts have a clause that permits Shop Stewards to do union work while on the job. You submit a leave form citing the appropriate article from your collective agreement for the time you spend researching or representing a member. Your pay will not be disrupted. Representation work done outside your normal work hours is done on a voluntary basis and is not compensated.

My workplace already has a Steward. Stewards represent workers from their Local, not just from their specific workplace so don’t let that stop you. The more well-trained Stewards we have the better.Teresa-Acheson-Miscal-Avano-Nesgaard

If I make a mistake, will someone lose their job? No. You will have a network of support including our well trained & experienced Union Advisors. As a Shop Steward you will have regular conversations with our staff in order to ensure everyone is working in unison for members.

How do I become a Shop Steward? Each Local’s bylaws are worded differently. Some dictate that Stewards are elected at the Local’s AGM, others allow for nominations and elections at any time.

Your Chief Shop Steward or your Local President will guide you through the process. Once we’re advised by your Local that you’re a Shop Steward, you’ll be invited to our office to be sworn in by our President or Vice-President. You’ll get an orientation to our office, staff and procedures and receive your New Steward’s package. Once you’ve met everyone, you’ll be registered for upcoming training.

Will becoming a Steward make me a target for my employer? Shop Stewards who are well trained and level-headed help create workplaces that function smoothly. Employers recognize the benefit of a union liaison in the workplace and are usually very happy to work with them. It’s in everyone’s best interest to solve problems quickly and cleanly. It is very rare that our Stewards find themselves in conflict with their employer simply by virtue of stepping forward as a representative.

Will co-workers expect me to be an instant expert on our contract, labour law and all things union?
Your role is to ensure members have fair representation and that all pertinent information is recorded, provided to the Union Advisor and kept confidential. You’ll need to get to know your contract but we do not expect you to interpret the agreement or be up to date on all labour issues.Talk to a steward

A Steward needs to be compassionate and organized. The Steward’s role is one of problem solver and witness.

At some point in their careers about 50% of workers call their union. It might be a simple question about vacation leave, a scheduling issue or ongoing and persistent harassment from a co-worker or supervisor. To meet our members’ needs when they need support we need your help. Please call your Chief Shop Steward, Local President or the YEU Office today. Visit yeu.ca for contact info.

Remember; join us the 3rd Wednesday of each month for Shop Steward Round Table training sessions; informal workshops geared to skill building. We also invite you to an informal Sandwich Session at lunch the 1st Tuesday of each month. This is a training fee casual get together just to build our network and get to know each other. Call David Anderson at YEU, 667-2331 or email danderson@yeu.ca

Greetings from YEU Local Y010 President Rob Jones

Greetings Brothers & Sisters, Friends & Colleagues.exec-adjusted

It is a great honour for me to be able to write to you as the new President of Local Y010. I am humbled to have been nominated and trusted to continue the great work of our past President and Executive.

I would like to take this opportunity to thank Sister Tammi Sikorski for all her hard work, sacrifice and dedication to the local. This was greatly appreciated and I clearly have a high standard to meet in keeping up with Tammi’s leadership over these past few years.  Thank you Tammi, we owe you more than we can ever possibly convey.

I would also like to thank Brother Richard Wagner for his work and representation for the Local and YEU as a whole as our Chief Shop Steward.  His knowledge, mentorship and representation were greatly appreciated.

We also say goodbye to Sisters Kat Traplin and Yoshiko Atkins, their voice, experience and dedication to the Local were greatly appreciated and will be missed. Thank you for your service. We wish you all the best in the future.

Please allow me to introduce your Local Y010 Executive:

President: Rob Jones
Chief Shop Steward: Paul Davis
Assistant Chief Shop Steward: Laurie Tamminen
Secretary / Treasurer: Denise Berken
Directors:  Duane Purych, Khusru Zaman, Aziz Mollah
Kathy Donnelly, Amber Harder and Danielle Swift.

We have two Director vacancies. If you are interested in being an active voice in your Local please contact me to discuss the roles and responsibilities of a Local Director.

Over the next year local Y010 has an ambitious agenda including:
Y010 new logo 2014
Signing off all RAND members:
A RAND is a worker in the union environment who has not filled out a union card; presently Y010 has some RANDs.  As a RAND your union dues are being deducted, however you do not have all the benefits of full membership.  We will be working in the community and workplaces to ensue our members are converted from RAND to fully signed members to protect your rights.
Not sure of your membership status? Call YEU at 667 2331. They’ll send you a card if you haven’t signed yet.

Shop Steward training and recruitment:
Local Y010 has approximately 2500 members and is growing. At present we have 10 active Shop Stewards looking after your representation needs.  These dedicated Brothers and Sisters are working to ensure your rights in the workplace.  If you are interested in becoming a Shop Steward or have questions about the roles and responsibilities please contact the YEU office at 667-2331 or contact me and I will be happy to chat.  Moving into 2016 there will be new resources and training initiatives for current and new Stewards.

Social awareness:
We’re working hard to ensure social awareness and initiatives in each community.  We’re always looking for members’ ideas, input and comments on how to move our local forward. Our Local meets at 5:30pm the 2nd Tuesday of each month in the YEU Hall. Please attend a Local meeting; we need you!

Lastly, this is a bargaining year and our collective agreement is on the table.  Your Bargaining Team will be working hard to ensure your rights & make sure you are informed.  Ratification meetings will be announced and held after bargaining; be informed and be engaged. Sign up for regular bargaining update emails at http://www.yeu.ca.

Your local executive is working hard for you, we welcome your comments, concerns, and ideas.  Please contact me at rgjones@northwestel.net or call me at 867 334 4331.

In Solidarity,

rob jones

 

 

Rob Jones, President- Local Y010