SAFA Membership Update: October 10th
Discipline and Your Rights
Employee discipline falls within management rights – in other words, management is permitted to direct the workforce, schedule work, and expect employees to be at work when scheduled. When these expectations are not met or other infractions occur, an employer can begin the process of discipline.
Section 16 of the SAFA/SAIT Collective Agreement (CA) is Progressive Discipline Action. Progressive discipline is such an important tenet in labour law and the employee/employer relationship that even if a CA is silent on progressive discipline, there is an expectation from arbitrators that progressive discipline be followed. The generally understood process is verbal warning, written warning, and potentially dismissal. However, an egregious infraction, such as violence or theft, could go directly to termination.
Your CA states that for any disciplinary action, an academic staff member will be informed in writing; however, discipline is often preceded, or done in conjunction with, a meeting with management. The general rule for SAFA members is this: If it feels like discipline, it probably is. If you are called into a disciplinary meeting, it is your right as a SAFA member to have a union representative present. You should stop the meeting and insist on having a union representative at this meeting. You want a union representative present to not only take notes, but to ensure that the CA is being followed and that the meeting cannot be misrepresented and turned into one’s word against others.
SAFA can file a grievance on behalf of a member if the discipline is either unwarranted, or the discipline was too harsh for the infraction – the punishment must fit the “crime”. As per the CA, any disciplinary records will be purged from a personnel record after two years of continuous service.
While the employer has the right to discipline, it must be done so in a way that adheres to the CA, and in a way that does not ignore progressive discipline. Never hesitate to contact the SAFA office with any concerns around discipline.
Craig Coolahan
Labour Relations Officer, SAFA
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7 Reasons I am Thankful for SAFA
By Amir Fard, SAFA Div II Rep
This time of year, people often share all the things they’re most grateful for. So, in the spirit of Thanksgiving, here are seven reasons I am thankful for SAFA:
- Negotiating Salaries and Benefits: Through negotiations, SAFA ensures that salaried members receive competitive compensation for their work, including benefits such as health insurance, pensions, and paid leave. As well, we continue to fight for improved pay for casual and adjunct employees.
- Protecting Job Security: SAFA has negotiated a set ratio of 83% permanent faculty to 17% contingent faculty, protecting our member’s roles. Also, we make sure that due process is followed in cases of potential job loss, including layoff or unjust termination.
- Ensuring a Fair Workload: In our last Collective Agreement, SAFA pushed for new Faculty Workload Guidelines and a workload dispute process that is reviewed by fellow instructors. We will continue our work to expand these guidelines to fit evolving teaching practices.
- Safeguarding our Workday: SAFA held strong in the last round on negotiations, rejecting SAIT’s call for members to work evenings and weekends without additional compensation. Our current Collective Agreement sets predictable schedules and clearly specifies how overload and overtime are calculated.
- Promoting Equity: Ensuring an inclusive and diverse academic environment is high in the list of SAFA priorities.
- Providing Legal Support: In times of emerging work-related legal issues (contractual disputes, harassment allegations, or discrimination cases), SAFA provides legal support.
Providing a Voice. By yourself, it can be tough to get your concerns heard. But SAFA has processes and committees to bring forward ideas or highlight issues to our organization.