Employee Relations Committee Representative Appointment and Reappointment

Purpose

This policy codifies the appointment/reappointment and revocation processes, as well as the roles, responsibilities, and expectations for AMAPCEO (Ministry) Employee Relations Committee (AMERC/ERC) Representatives. AMERCs/ERCs, by definition, are a sub-committee of ACERC (OPS) or its HARLO equivalent (AMAPCEO President/CEO and Agency CEO). Both AMERC and ERC are hereafter referred to as ERC in the policy.

Policy

1. Authority

The main objectives of each ERC are to establish and maintain a positive and constructive relationship between AMAPCEO and the Employer and to work together to resolve issues and concerns related to the workplace. In situations where the ERCs cannot resolve an issue or concern, the AMAPCEO ERC Representatives have the ability to refer such issues or concerns directly to the President/CEO’s Office, or in the case of OPS ERCs (AMERCs) to the AMAPCEO Central Employee Relations Committee (ACERC).

Given the importance of the ERCs, those chosen to represent AMAPCEO on an ERC must be committed to AMAPCEO’s collaborative and co-operative approach to problem-solving and dispute resolution. Consequently, it is understood that being initially appointed, and possibly reappointed, as an ERC Representative is not a right of every AMAPCEO member but, rather, is a privilege granted to a member under this policy.

Moreover, this policy gives AMAPCEO the sole discretion to determine if a member should be appointed or reappointed as an ERC Representative.

Recognizing the importance and contribution of ERC Representatives to the organization, AMAPCEO commits, to the best of its ability, to provide the necessary support, training, resources, and recognition to its ERC Representatives.

2. Composition of an AMAPCEO ERC Team

Each AMAPCEO ERC team will consist of no less than two (2), and no more than four (4) duly appointed ERC Representatives (ERC team members).

As has always been the practice, the AMAPCEO President/CEO shall be an ex-officio member of each ERC Team.

There will also be at least one (1), and no more than two (2) AMAPCEO Labour Relations Service staff assigned to each ERC Representative team. Assigned staff are an integral part of the ERC team and shall participate fully in all activities of the ERC team.

Members of each ERC team, in consultation with their assigned AMAPCEO staff, will select their AMAPCEO ERC Co-Chair. Should it not be possible for the ERC team to select their Co-Chair, the matter will be referred to the Executive Committee for a decision.

Although a Board District Director may apply and be appointed as an ERC Representative, only in exceptional circumstances will a Board District Director be permitted to serve as an ERC Co-Chair.

3. Meeting Frequency and Travel Expense Approval

Meeting Frequency

ERCs shall endeavour to meet with their Employer counterparts at least quarterly, and more ideally on a monthly or bi-monthly basis as is determined by business needs. Meetings will typically require a time commitment of 30-90 minutes in duration. While it remains the responsibility of the Employer to provide non-reimbursable leave to the Union for its participants, unless otherwise agreed to, the Union shall bear responsibility for associated travel expenses. As such, Employer and Union participants have a shared responsibility to conduct meetings in the most effective way possible (e.g., by teleconference, at central locations or at mid-day, to permit same day travel).

Travel Expense Approval

ERCs with duly appointed members who live greater than 80 km away from the traditional meeting place for their ERC, shall be entitled to have their travel expenses reimbursed, in accordance with AMAPCEO’s Expense Reimbursement Policy for up to 2 in-person meetings per calendar year. They may attend additional in-person meetings, if those meetings are attached to the dates of other AMAPCEO activities (e.g., ADC, WPR or ALF Conferences) that have associated and approved travel expenses, and as such there’s no true additional cost. ERC Co-Chairs may in extreme circumstances, request exceptions from this limitation, to ensure the necessary operation of the ERC, subject to approval by the President/CEO and the Director of Finance and Administration.

4. Term of Appointment

Each ERC Team (and each individual ERC team member) will have an appointment term of three (3) years. ERC Teams will be staggered over a three-year period so that no more than a third (1/3) of all ERC team appointments will end in each calendar year.

5. Eligibility Criteria for Appointment/Reappointment

To be eligible to be appointed/reappointed as an ERC Representative a member must:

• Be a fully signed-up member, with a home AMAPCEO position;
• Be working in their home AMAPCEO position, or in an AMAPCEO Temporary assignment or secondment;
• Be a duly appointed Workplace Representative (WPR), with at least one year's experience; and
• Have taken all the pre-requisite education and training prior to applying for appointment;
• In the OPS, work in a ministry or agency that falls within the jurisdiction of the ERC for which they are applying.

Members elected to the AMAPCEO Executive Committee (President/CEO, Vice-President, Treasurer, Secretary, Board of Directors Chair) will be ineligible to serve on an ERC Team during their term in office.

In situations where no eligible member has applied to be on an ERC team, AMAPCEO will accept applications from eligible members with less than one year’s experience as a WPR, or from eligible members who have not yet taken the prerequisite training. Should such an applicant get appointed as an ERC Representative by the Executive Committee, they will not be permitted to become the ERC Co-Chair of that ERC team until they have obtained one year’s experience as a WPR, and/or until they have completed the prerequisite training. In the interim, the President/CEO will have the authority on an exceptional basis to assign the Vice-President, or a designee, as the temporary Co-Chair for that ERC Team.

6. Application Process

Three (3) months prior to the end of each ERC Team’s three-year term, AMAPCEO will post an open call for ERC Representatives applications. All AMAPCEO members who meet the eligibility criteria to be an ERC Representative will have a period of 15 working days to apply to be appointed or reappointed as an ERC Representative for an ERC team.

During the application period, eligible AMAPCEO members can express their desire for appointment/ reappointment by completing and submitting an online application form, and any other information that may be required.

Each new applicant will need to demonstrate that as a WPR they have done their best to meet all of the WPR Expectations as outlined in the WPR Appointment and Renewal Policy.

The ERC Representatives who are applying for re-appointment will need to demonstrate that during their term on the ERC team they have:

• Met the ERC Representative Expectations as outlined in this policy;
• Attended the annual WPR conference, the ERC Representative meetings and town halls, and other ERC-related information meetings and training events offered by AMAPCEO; and
• Worked in cooperation with ERC Team members and assigned AMAPCEO staff.

All applications will first be reviewed by AMAPCEO staff to determine if each applicant meets all the eligibility criteria for appointment. If necessary additional information may be sought from applicants.

Should it be determined that a member is ineligible for an appointment, that member will be provided a brief written summary of the reasons for the decision.

7. Appointment/Reappointment Process

Once deemed eligible, all ERC Representative applications will be reviewed by the President/CEO or their designee. The President/CEO, or their designee, will make written recommendations to the Executive Committee as to which applicants should be appointed or reappointed to each ERC Team.

In conducting their review, the President/CEO, or their designee, may seek additional information from others such as AMAPCEO trainers, the WRC Chair, WPRs, District Directors, other activists, or AMAPCEO staff.

The Executive Committee will review the President/CEO’s recommendations and decide to support the recommendations or to make alternate appointments.

In appointing ERC Representatives to an ERC team, the Executive Committee will make best efforts to ensure that each ERC team’s membership reflects:

• The diversity of the AMAPCEO membership as a whole; and
• The different AMAPCEO job functions within the workplace(s) represented by that ERC.

In addition, for OPS ERCs (AMERCs), best efforts will be made to appoint:

• One ERC Representative from each component ministry/agency represented up to the maximum of four 4 members; and
• At least one ERC Representative that works outside of the geographic area in which the ministry’s headquarters is located.

Should it be determined that an applicant is not appointed or reappointed, that applicant will be provided a brief written summary of the reasons why they have not been appointed.

The appointment and reappointment decisions of the Executive committee are final and cannot be appealed to another body.

The Board of Directors will be informed of the ERC representative appointments/reappointments at the next regularly scheduled Board of Directors meeting.

8. Appointments Due to Vacancies

Should there be a vacancy on an ERC Team part-way through the Team’s 3-year term due to retirement, resignation, leave/suspension/acting assignment, layoff, etc., the President/CEO, or their designee, has the authority to appoint a new ERC Representative to the ERC team for the duration of the ERC team’s term as long as there are at least six (6) months left in the term.

9. Main Roles and Responsibilities of ERC Representatives

Given the considerable importance of each ERC Team in maintaining a constructive, harmonious and mutually beneficial relationship between AMAPCEO and its Employers, each ERC Representative must always strive to act in the best interest of all AMAPCEO members and AMAPCEO as a whole.

The main roles and responsibilities of an ERC Representative include:

• Advocating on behalf of the AMAPCEO membership and represents AMAPCEO in discussions with Employer ERC Representatives;
• Ensuring the Employer complies with their Collective Agreement obligations, as well as other Employer policies, directives, guidelines and relevant legislation;
• Working with Employer representatives to resolve broader workplace issues or problems;
• Seeking additional information and disclosure from the Employer on issues brought forward at the ERC table;
• Notifying assigned AMAPCEO staff, or the AMAPCEO President/CEO directly, of issues and/or workplace problems still unresolved at the committee;
• For OPS ERC Representatives, referring certain matters and/or issues to the Deputy Minister and/or to ACERC;
• Actively participating in AMAPCEO ERC Advocacy Campaigns and Collective Bargaining campaigns, and assists with mobilizing campaigns when requested to do so;
• Keeping abreast of AMAPCEO positions on certain workplace and labour relations issues,
• Proactively gathering information on broader workplace issues and problems from Workplace Representatives (WPRs), members, and other activists;
• Communicating, and sharing of information, with WPRs on issues discussed or resolved at the ERC;
• Keeping appropriate records and information regarding workplace issues or problems that are discussed with the Employer through the committee process;
• Preparing for and maintaining good overall attendance at ERC meetings;
• Developing their skills and knowledge by pursuing education and training opportunities provided by AMAPCEO; and
• Other duties as assigned.

10. Expectations of an ERC Representative

The Expectations are a description of the combined knowledge, skills, attitudes, and traits that a duly appointed ERC Representative is expected to draw upon, to the best of their ability, to carry-out their duties and responsibilities.

• Knowledge and Understanding: Knowledge of the relevant AMAPCEO Collective Agreement, especially articles that relate to the ERCs and the duties, and obligations of an ERC Representative; knowledge of relevant Employer practices employer HR policies and practices; an understanding of labour relations and member-representation concepts and principles; and an understanding and appreciation of the need to balance the interests of individual members, the interests of the ministry/bargaining unit-wide membership, and the interests of the AMAPCEO-wide membership.
• Relationship Management and Interpersonal Skills: Exhibits a commitment to a collaborative and cooperative approach to problem-solving and dispute resolution; and builds and maintains good relationships, with Employer representatives, with fellow ERC Representatives colleagues, with WPRs, and with assigned AMAPCEO staff.
• Professionalism and Sound Judgement: Acts in a professional manner at all times while representing the interests of members and AMAPCEO, and while interacting with Employer representatives, with ERC Representative colleagues, and with AMAPCEO staff; demonstrates sound judgment in dealing with members, ERC Representative colleagues and Employer representatives; and does not allow personal issues or problems to cloud their judgment in performing their ERC Representative duties.
• Availability and Willingness: Is reasonably available to meet with WPRs and with ERC Representative colleagues to discuss workplace and labour relations issues; is willing and able to attend ERC pre-meetings and post meetings; is available to attend all ERC meetings with Employer representatives unless unable to do so for legitimate reasons; consistently provides information and material to assigned AMAPCEO staff in a timely fashion.
• Privacy and Confidentiality: Adheres to the Undertaking of Confidentiality and the Privacy Policy; uses sound judgment in handling confidential and highly sensitive material and information; stores all ERC information in a secure location; and reports any breaches of privacy or confidentiality to the assigned AMAPCEO staff in a timely fashion.
• AMAPCEO’s Structure, Policies, Procedures, and Practices: Adheres to all AMAPCEO policies, procedures and practices related to the WPR role and the ERC Representative role, with a strict adherence to the AMAPCEO Equity Statement and the Activist Code of Conduct. Continually works within the structures of AMAPCEO and in collaboration with assigned AMAPCEO staff; fully complies with reporting and information-sharing requirements; and does not publicly oppose or question decisions of AMAPCEO, nor how AMAPCEO has decided to handle an ERC or a labour relations issue.
• Education/Training and Engagement: A willingness and a desire to stay informed and to continue developing their skills and knowledge by pursuing educational and training opportunities provided by AMAPCEO, including attending:
  • Each annual Workplace Representative Conference, unless unable to do so due to work or personal commitments;
  • All mandatory ERC Representative training courses/modules offered, as well as attending nonmandatory courses if time permits; and
  • ERC Representative meetings and town halls, or other such meetings or events offered by AMAPCEO throughout the year.

11. Revocation of an Appointment within a Term

The Executive Committee has the authority to review and revoke an ERC Representative’s appointment at any time during their term in situations where there has been an allegation and clear evidence of:

• Inappropriate behavior or misconduct directed towards a member(s), or towards staff, or towards Employer representatives; or
• An inability and/or unwillingness to perform the duties and responsibilities of an ERC Representative, or to meet the Expectations of an ERC Representative.

An alternative to revoking an appointment is a continuation of the appointment with a requirement for additional training to be taken by a prescribed date.

12. Appeal Procedure for Revocation of an Appointment

The following appeal procedure will be followed when a decision is made to revoke an appointment prior to the end of the representative’s term:

1. The affected ERC Representative will be given written notice of the decision, and their right to appeal this decision to the Board of Directors.
2. Should the affected ERC Representative indicate their desire to appeal the decision, they will be given an opportunity to attend a future Board of Directors meeting to make a statement on why their appointment should continue or why they should be reappointed.
3. The Board of Directors’ discussion of the matter and its vote shall be held in camera, without the affected ERC Representative being present. Before voting on the Appeal, the Board of Directors may, at its discretion, seek additional written documentation from other ERC representatives, including the ERC Co-Chair, assigned AMAPCEO staff, and other activists who may have knowledge of the affected representative’s activist activities.
4. Following consideration of the affected representative’s appeal, the Board of Directors has the option of reversing the Executive’s decision OR upholding the decision to revoke.
5. A written decision will be communicated by the Secretary to the affected ERC Representative in a timely manner after the decision is made. The decision of the Board of Directors is final and is not subject to any further appeal.

The appeal decision, however, can only be re-opened, and potentially be overturned, by the Board of Directors should the Board be persuaded, by a two-thirds majority vote, that there has been a procedural irregularity in the handling of the decision or that there is new evidence to consider that was not available at the time of the decision.

A member who has had their appointment revoked, may not apply to become an ERC Representative for at least 24 months from the date of the decision.

13. Suspension of, or Resignation from, ERC Representation Duties

An ERC Representative will be required to resign from the ERC Team in the following circumstances:

• After being elected as a member of the AMAPCEO Executive Committee (President/CEO or Vice-President or Secretary or Treasurer, or Chair of the Board of Directors), and shall do so at least one-day prior to officially taking office; and
• When they have chosen to permanently exit the workplace and will do so prior to their last day in the workplace, even if they have chosen to take a period of salary continuance.

An ERC Representative will have their ERC duties suspended temporarily in the following circumstances:

Secondments/Leaves/Acting Assignments:

While on approved leave, or on a secondment/acting assignment outside of the AMAPCEO bargaining unit, if such is longer than thirty-one (31) days in duration. An ERC Representative who receives the employer's approval of a leave, or a secondment/acting assignment outside the AMAPCEO bargaining unit, has an obligation to immediately notify the President/CEO or Secretary of the AMAPCEO and their assigned staff of the leave or secondment/acting assignment. In the OPS, this would include secondments/acting assignments to a ministry or agency not represented by your home AMERC.

It is the obligation of the ERC Representative to immediately notify the President/CEO and their assigned staff of the relevant change in status as outlined above.

The maximum length of such a temporary suspension shall not exceed six months after which time a vacancy in the position shall be declared if the incumbent has not yet returned from their secondment, leave, or acting assignment.

Laid-off or on a Paid or Unpaid Suspension from the Workplace:

While under a suspension from the workplace for more than 31 days (paid or unpaid) or is laid off and no longer in the workplace (whether they are on salary continuance or with recall rights), must temporarily step aside from their ERC Representative role and responsibilities (including not attending any meetings).

The ERC Representative must also immediately notify the AMAPCEO President/CEO and their assigned staff of the suspension or layoff. If the suspension or layoff outside the workplace is longer than six months the ERC Representative’s appointment will be declared lapsed.

Facing Criminal Charges

An ERC Representative who has been charged with an offence under the Criminal Code of Canada has a duty to make full and timely disclosure of this fact to the Secretary of AMAPCEO.

Whether or not such disclosure has been made, if the Secretary of the AMAPCEO is advised and can subsequently confirm that a criminal charge has been laid the Secretary shall add to the agenda of the next meeting of the AMAPCEO Executive Committee a notice of motion to grant a temporary leave to the affected representative during which they would cease performing their ERC Representative duties and responsibilities. A copy of the notice of motion will be provided to the affected ERC representative with a reasonable deadline (no less than five days) stipulated for a response before the next Executive Committee meeting.

Unless the affected ERC Representative files a written objection to consideration of the motion within five days of receiving the notice, the motion must be placed before the Executive Committee for a vote, if, in the opinion of the Executive Committee, the criminal charge has the potential to interfere with the capacity of the affected ERC Representative to provide effective representation or otherwise carry out their responsibilities, or where it is believed that the affected ERC Representative efforts to continue carrying out their responsibilities while facing the charge may be detrimental to the interests of AMAPCEO and its members. If approved by a majority of the Executive Committee members voting, the temporary leave takes effect immediately and remains in effect for either six months or until the legal proceedings related to the criminal charges are concluded, whichever occurs first (unless, in the meantime, the term of office expires, or a resignation is submitted).

The maximum length of such a temporary leave shall not exceed six months, after which time a vacancy in the position shall be declared if the incumbent has not yet returned. If the affected ERC Representative files (within the specified timeframe) a written objection to consideration of the motion to grant the leave, the Executive Committee may then consider what other steps to take as permitted by this appointment policy.