When are union stewards entitled to pay?

The Report: June / July 2003 vol.24 num.3

by RITU MAHIL

Are union stewards entitled to their full regular salary when they perform steward duties during work time?
 

Yes. Article 5.09 of the collective agreement provides that “Union stewards shall be allowed reasonable time while on duty without loss of salary consistent with the operational requirements of the employer to process grievances under Article 7 and to attend labour/management meetings.”

What if labour/management meetings are scheduled outside of the union stewards' work hours?
 

Then the steward should be paid at straight time rates for the time spent at the meeting.
 

What kinds of grievances under Article 7 attract steward pay under Article 5.09?
 

The processing of any grievance or potential grievance concerning the interpretation, application, operation or any alleged violation of the collective agreement should attract steward pay under Article 5.09.

Examples of such grievances include, but certainly are not limited to processing:

• classification grievances;
• selection grievances;
• policy grievances concerning rules and policy unilaterally introduced by management;
• grievances concerning the proper provision of displacement notices during a lay-off situation;
• grievances concerning the proper provision of benefits set out in the Collective Agreement;
• occupational health and safety grievances;
• harassment grievances;
• grievances concerning the adequate accommodation of disabled members; and
• grievances concerning the termination and/or discipline of members.

Other than processing of grievances and attending labour/management meetings, are there any other meetings that attract steward pay under Article 5.09?

Yes. If an employee is called into a meeting that could reasonably result in a written warning or more serious discipline up to and including termination, that employee has a right to have a steward present. The steward attending the meeting with the employee is entitled to be paid her regular hourly salary, even if the meeting does not result in any warning or discipline.

Ritu Mahil is legal counsel for HSA. Got a question for this column? Fax 1 800 663 0976 or e-mail @email!