Workplace Representative Appointment and Renewal

Purpose

The policy codifies the nomination, appointment, renewal, and revocation processes, as well as the roles, responsibilities, and expectations for AMAPCEO Workplace Representatives (WPRs).

The policy also codifies the appeal processes and related procedures for members who have had their request for appointment denied; for WPRs whose appointments have been revoked within their term; and for WPRs who have been denied renewal of their appointment for another term.

Policy

1. Authority

It is understood that being initially appointed, and possibly renewed, as a WPR is not a right of every member of the Union but, rather, is a privilege granted to a member under this policy. As such, it is at the sole discretion of AMAPCEO, as outlined in this policy, to determine if a member should receive WPR training, be appointed as a WPR, and be renewed as a WPR.

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

2. Eligibility Criteria

To be eligible for WPR training and then to be appointed as a WPR, a member must:

• Be a fully signed-up member of AMAPCEO;
• Have a home position in AMAPCEO and any acting assignments or secondments must be in AMAPCEO. For clarity, a Fixed-Term Employee (FXT) can be appointed as a WPR as long they have been in their current AMAPCEO FXT position for at least 6 months, and their current FXT contract is for at least 18 months or more;
• Not have one or more active formal disputes at the time of their nomination. Once the Dispute(s) has been resolved, a member will be permitted to go through the WPR application process again;
• Have taken all of the pre-requisite education and training prior to their application for training.

3. WPR Training Application Process

A member can apply for WPR training by completing and submitting an application form, and any other additional information required, to the appropriate AMAPCEO staff. A member’s application will be reviewed to determine if the member meets all of the eligibility requirements for appointment. If necessary, additional information may be sought from the applicant.

Should it be determined that an applicant is eligible, then they will be invited to attend WPR Core training.

In situations where there are more applicants than training spots, priority will be given to applicants from underserviced workplaces, geographic areas, ministries, or HARLO units. For those applicants not given training priority, they will be notified that they will receive training at the next available opportunity. Before a final decision is made however, staff will consult with the non-priority applicant’s District Director. 

4. Appointment Process

After successfully completing all of the WPR training requirements, a member’s name will be forwarded to the WRC for a decision on their formal appointment. In determining whether to appoint, the WRC may seek additional information from trainers, other AMAPCEO representatives, or AMAPCEO staff.

Once appointed as a WPR, a newly appointed WPR will be:

• Required to sign an Undertaking of Confidentiality, to ensure that information that comes into their possession as a WPR remains confidential; and
• Assigned to a WPR Mentor for one year.

AMAPCEO will also send a letter confirming the appointment of a new WPR to that member’s Employer, with copies sent to the member’s ERC Co-Chair and District Board Director.

A member who was appointed as a WPR, but who has decided to relinquish their WPR duties for a period of time, shall not be subject to the training application and appointment approval processes again should they seek to return as a WPR within 24 months of relinquishing their WPR duties. Such members, however, will have the option of being placed on the training waitlist for refresher training.

5. Term of Appointment

A member is initially appointed for a one-year term as a WPR Mentee by the Workplace Relations Committee (WRC). After successfully completing their WPR mentorship, the member will automatically become a full WPR for an additional three-year term.

A WPR’s appointment may be renewed for a subsequent three-year term, following a review by the WRC.

Any WPR who has chosen to permanently exit the workplace, but who may still be on salary continuance, shall be deemed to have resigned as a WPR with effect from the end of the day of their last day at work.

6. Appointment Appeal Process

Should it be determined that a member is ineligible to receive WPR Core training or the WRC does not appoint a member following training, the member will be provided a brief written summary of the reasons why they have been deemed ineligible and will be given the right to file an appeal of this decision to the AMAPCEO Executive Committee.

If the affected member does decide to appeal the decision, they will be permitted the opportunity to submit written documentation to the Executive Committee for their consideration. The affected member will not be permitted to appear before the Executive Committee, however.

The Executive Committee can decide to uphold the decision or to overturn the decision and to permit the member to be trained or to be appointed as a WPR.

A member whose WPR appointment has been denied according to the above process may not be able to apply again until at least twelve months have elapsed.

7. Main Roles and Responsibilities of WPRs

The AMAPCEO WPR is usually the first contact for AMAPCEO bargaining unit members seeking information and advice about terms and conditions of their employment and the processes for dealing with workplace issues or problems. They also act as the members’ representative within the workplace by assisting in the handling of complaints and disputes.

As such, the main roles and responsibilities of a WPR are as follows:

a) To clarify and provide appropriate information and guidance to AMAPCEO members seeking assistance, including information and guidance on:

• Terms and conditions of employment contained in the relevant AMAPCEO Collective Agreement, within legislation/regulations, and within the employer’s directives, policies, practices, and guidelines.
• The Dispute Resolution processes contained in the relevant Collective Agreement and elsewhere.
• The AMAPCEO dispute resolution “carriage model” and internal review and approval policies and processes.
• The roles and responsibilities, as well as reporting relationships, of various AMAPCEO representatives.

b) To provide advice, guidance, support, and union representation to AMAPCEO members with workplace issues, problems, complaints, and disputes, in particular to:

• Provide members who are seeking your assistance with appropriate literature, referrals, policies, and guidelines related to specific workplace issues and problems.
• Investigate individual member or group workplace issues, problems, complaints and disputes.
• Assist members in the framing of informal or stage one disputes and filing such disputes with the appropriate Employer representatives.
• Accompany members to meetings with Employer representative(s), including any informal meetings and/or formal stage one dispute meetings.
• Assist members to problem-solve and/or negotiate a resolution to individual or group workplace problems, complaints, and disputes with Employer representatives.
• Refer certain matters to the AMAPCEO Workplace Advisor staff.
• Keep appropriate records and information regarding the workplace problems, complaints or disputes that are being handled, and if available, use the electronic or online dispute storage or tracking systems made available by AMAPCEO, such as the Registry of AMAPCEO Dispute Resolution Activity (RADAR).

8. Expectations of a WPR

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

a) Knowledge and Understanding: knowledge of the relevant AMAPCEO Collective Agreement and dispute resolution processes, especially articles that relate to the rights, duties, and obligations of a WPR; 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 ministry/bargaining unit-wide membership, and the Association-wide membership.

b) 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 members in the workplace, with Employer representatives, with fellow WPRs, with other AMAPCEO activists, and with assigned AMAPCEO staff.

c) Professionalism and Sound Judgement: Acts in a professional manner at all times while representing members and the Union, and while interacting with Employer representatives, AMAPCEO staff, and other AMAPCEO activists; demonstrates sound judgment in dealing with both members and Employer representatives; and does not allow personal issues or problems to cloud their judgment in performing their WPR duties.

d) Availability and Willingness to Provide Timely and Effective Support and Representation: Is reasonably available to meet with members who are seeking advice, guidance, assistance, and representation; is willing and able to attend meetings with members and Employer representatives when required; attempts to find another WPR should it not be possible to provide assistance or representation to a member; consistently provides information and material to assigned AMAPCEO staff in a timely fashion.

e) Privacy and Confidentiality: Adheres to the Undertaking of Confidentiality; uses sound judgment in handling confidential and highly sensitive material and information; stores all WPR information in a secure location, and for OPS WPRs, utilizes the RADAR system as a means to store all member workplace problem/dispute related information; reports any breaches of privacy or confidentiality to the assigned AMAPCEO staff in a timely fashion.

f) AMAPCEO’s Structure, Policies, Procedures, and Practices: Adheres to all AMAPCEO policies, procedures and practices related to the WPR role, with a strict adherence to the AMAPCEO Equity Statement and to 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; respects the internal dispute decision-making structures and processes; and does not publicly oppose or question dispute “carriage” decisions of the Union, nor how AMAPCEO staff or assigned legal counsel decide to handle a dispute.

g) Education/Training and Engagement: A willingness and a desire to stay informed and to continue developing their WPR skills and knowledge by pursuing educational and training opportunities provided by the Union, including attending:

• Each annual Workplace Representative Conference, unless unable to do so due to work or personal commitments;
• All mandatory Workplace Representative training courses/modules offered, as well as attending non-mandatory courses if time permits; and
• Workplace Representative town halls or other such meetings or events offered by AMAPCEO throughout the year.

9. Appointment Renewal Review Procedure

Each WPR is eligible for a renewal of their appointment for a further 3-year term following a review conducted by the WRC. In conducting their review, the WRC will attempt to gather information directly from each WPR, from AMAPCEO staff, such as Dispute Resolution Officers and Workplace Advisors, from WPR tracking systems or databases if they exist, and from any other sources deemed appropriate. The information sought by the WRC will include the following:

a) Is the member willing and able to continue as a WPR beyond their current term?

b) Does the WPR continue to demonstrate an interest and enthusiasm for the WPR role, including attending the annual WPR conference, and other WPR-related information meetings and training events offered by AMAPCEO?

c) Has the WPR met, or has demonstrated their willingness to meet, most of the WPR Expectations as outlined in this policy?

d) Has the WPR consistently provided information, support and representation to members and can demonstrate this WPR activity?

e) Does the WPR work in co-operation with AMAPCEO staff and consistently seek staff’s advice and guidance in the handling of member workplace issues or disputes?

f) Are there any known concerns or complaints about the service or representation provided by the WPR which have not been satisfactorily resolved?

Among the possible outcomes of the WRC‘s reappointment review process would be one of the following decisions: to reappoint the WPR for another term; OR to reappoint with a requirement for additional training; OR not to reappoint for another term.

10. Revocation of an Appointment within a Term

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

a) Inappropriate behavior or misconduct directed towards a member(s), or towards staff, or towards Employer representatives; or

b) The inability and/or the unwillingness to perform the duties and responsibilities of a WPR, or to meet most of the Expectations of a WPR.

An alternative to revoking an appointment is a continuation of the appointment but with a requirement for additional training.

11. Appeal Procedure For Appointment Revocation Or Denial To Renew 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, or when a decision is made not to renew a WPR appointment for a subsequent term:

a) The affected WPR will be given written notice of the decision, and their right to appeal this decision to the Executive Committee.

b) Should the affected WPR indicate their desire to appeal the decision, they will be given an opportunity to attend a future Executive Committee meeting to make a statement on why their WPR appointment should continue or why they should be reappointed. 

c) The Executive Committee’s discussion of the matter and its vote shall be held in camera, without the affected WPR being present. Before voting on the Appeal, the Executive Committee may, at its discretion, seek additional written documentation from any AMAPCEO staff, and/or activist, who has knowledge of the affected representative’s activist activities.

d) Following consideration of the affected representative’s appeal, the Executive Committee has the option of reversing the WRC’s decision and renewing the appointment; OR renewing the appointment with a requirement for additional training; OR upholding the decision to revoke, or not to renew the appointment.

e) A written decision will be communicated by the Secretary to the affected WPR in a timely manner after the decision is made. The decision of the Executive Committee is final and is not subject to any further appeal.

The Executive Committee’s 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 been denied renewal of their appointment as a WPR, or who has had their WPR appointment revoked, may not apply to become a Workplace Representative for at least 24 months from the date of the decision. 

12. Temporary Suspension of WPR Duties

A WPR will not carry out their WPR duties and responsibilities in the following circumstances:

a) Secondments/Leaves/Acting Assignments

While on secondment, leave or acting assignment outside the AMAPCEO bargaining unit if the secondment, leave or acting assignment is longer than thirty-one days in duration. A WPR who receives the employer's approval of a secondment, leave or acting assignment outside the AMAPCEO bargaining unit has an obligation to immediately notify the President/CEO or Secretary of the Union and their assigned Workplace Advisor of the secondment, leave or acting assignment.

b) 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 who is laid off and is no longer in the workplace (whether or not they are on salary continuance or with recall rights) must temporarily step aside from their WPR role and responsibilities (including not attending any meetings). The WPR must also immediately notify the AMAPCEO President/CEO or Secretary and their assigned staff Workplace Advisor of the suspension or layoff. If the suspension or layoff outside the workplace is longer than six months, the Workplace Representative appointment will be declared lapsed.

c) Facing Criminal Charges

A WPR 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 the Union.

Whether or not such disclosure has been made, if the Secretary of the Union is advised, and can subsequently confirm, that a criminal charge has been laid against the WPR 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 WPR duties and responsibilities. A copy of the notice of motion will be provided to the affected representative with a reasonable deadline (no less than five days) stipulated for a response before the next Executive Committee meeting.

Unless the affected WPR 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 WPR to provide effective representation of members or otherwise carry out their responsibilities to members, or where it is believed that the affected WPR’s 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 WPR 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.