The biannual Shop Steward conferences are much-anticipated events because they provide the opportunity for the…
Who Pays for the leave of elected CEU Representatives – Employer or Union?
Elected CEU Representatives (Stewards and Executive Members) are paid by either the Employer or the Union when they take time off work to perform Union-related duties.
There are four Paid Leave categories, each with their own situations when the leave is considered Union-related.
The Paid Leave categories are:
- Union Employer-Paid Leave (“UEP”).
- Union Paid Leave (“UUP”).
- Joint Committee Union Work (“UCP”), and,
- President’s Salary
Employer-Paid Union Leave (“UEP”)
In situations where the Employer pays for the time and benefits of the elected CEU Representative, the Union calls this time Employer Paid Union Leave or “UEP”.
The situations when the Employer will pay for elected CEU Representatives (Stewards and Executive Members) to perform Union-related duties are described in the Collective Agreement under Article 12 – ‘Union Representatives’, specifically clauses 12.04, 12.05, 12.06.
Clause 12.04 lists the normal duties that a CEU Representatives performs which include investigating grievances and assisting any member, investigating complaints, and distributing Union notices.
The Employer is also obligated by the Collective Agreement to pay for the meeting time of an elected CEU representative when there is an Employer representative present (Article 13.02(e)).
Union Paid Leave (“UUP”)
In situations where the Union pays the Employer for the time and benefits of CEU Representatives to attend Union events and/or engage in strictly Union business, the Union calls this time Union – Union Paid Leave or “UUP”.
Article 13 of the Collective Agreement provides elected CEU Representatives time off to perform certain Union work. For example, when Stewards and Executive Members attend Union conferences, educational sessions or are involved bargaining preparatory work they apply for leave under Article 13.01. For these periods of time, the Union reimburses the Employer for the wages and benefits costs of the Representatives attending Union functions.
Joint Committee Union Work (“UCP”)
In situations where the Employer pays for the time and benefits of the elected CEU Representative for the purpose of attending a Joint Committee meeting, or conducting Joint Committee work, the Union calls this time Union – Committee Paid” time or “UCP”.
There are numerous Joint Committees contained in the Letters of Understanding in the Collective Agreement and some Joint Committees developed by the parties through historical letters of agreement.
These Joint Committees are comprised of representatives from both, the Union and Employer. The Joint Committees currently are:
- Workload Committee.
- Exclusions Committee.
- Mental Health Committee.
- Joint Occupational Health & Safety Committees (local and corporate);
- Diversity Committee.
- Harassment Committee.
- Return to Work Steering Committee.
- Rehabilitation Committee.
- Article 70 Reorganization Committee.
- EFAP Committee, and,
- Drug/Alcohol Committee.
The Employer is obligated (based on explicit agreement in the Collective Agreement and/or side letters) to pay for the Joint Committee meeting time of all CEU Representatives. They are also responsible to pay for the travel time and expenses of 1 out of town CEU Representative for the Joint Committees. And while the Employer will not pay for Union preparatory time, they do pay for Committee work carried out by Union Representatives (outside of meeting time), where the work has been preapproved by the Committee, or for work conducted with another Employer representative of the Committee.
The issue of who is responsible to pay the CEU President’s salary and benefits while they are off full-time performing Union work, was brought before an Arbitrator many years ago for resolution. The Arbitrator found that the Employer was responsible to pay for the salary and benefits of the Union President while the President is engaged in full-time Union work. As such, the CEU President continues to receive the salary and benefits of the position they held at WCB prior to being elected as President which is paid by the Employer.
Regarding all meetings (Labour-Management; CEU/Claims; CEU/Prevention; and the listed Joint Committees above etc.), the Employer is not obligated to pay preparation time, for example, time prior to the meeting preparing without an Employer representative, or time after where no Employer representative is present or for time where the work is not specifically approved by the Joint Committee.
Concerning all meetings (Labour-Management; CEU/Claims; CEU/Prevention; and the listed Joint Committees above etc.), the Employer is not obligated to pay travel time/expenses for CEU Representatives (EXCEPT for the 1 out of town representative designated by the Union on the Joint Committees listed above).