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  • authored by doug
  • published Thu, Jun 5, 2003

advice on DFR?

I wish I had found this site sooner. I have filed a DFR against my union and my paperwork has made it throught the initial stages, now I am going through to the consultation next week. They have a lawyer making multi-millions and I have, well, me. I have read the literature on this site about the DFR process it is wonderful. But I could still use advice from professionals here about how to represent myself.
Here is what happened:

I was bumped from my full-time position when a member with more seniorty was laid off in order to save costs. The laid off member worked from home, more than four hours away, and it was deemed his services were not needed anymore. The union bumped me into unemployment. Management scrambled to setup a two year contract position for me to keep me here.
The union files a greivance, citing a specific clause in our contract. I am told what ever the outcome of the grievance is will affect me and my position because the layoff directly impacted me (I have this in a written letter). The union wins its grievance, management files for a judicial review and claims that because I was not mentioned by name in the initial grievance, any outcome will not pertain to me.
I ask to speak with the union, I am denied a meeting and told that the issue will once again be before an arbitrator in June, who will order management to enforce his earlier decision (even though its waiting for a judicial review). I request a meeting with the lawyer, and again I'm denied. I'm told there are more pressing issues at hand.. ?
The person who bumps me goes on sick leave (reasons are debatable) for about 8 months. I keep working. While on sick leave he breaks company policy (I am keeping this vague for privacy purposes) and they have just cause to lay him off now. The union steps up and bats for him again, this time they negotiate a settlement package that sees him get a wad of cash to leave, if he drops his grievance (a grievance that my future was riding on) the union and former employee agree. As a result, that meeting that was suppose to be this month, where I would be re-instated to my full-time status, has been cancelled. Given that my status was so closely tied to his situation, shouldn't I have been consulted about the settlement? Where does this leave me?
Now I'm being told nothing will be done until my contract ends in January. No filings have been made, no conversations have happened between me and my union and I have not received any representation whatsoever!
When I filed my complaint, I was verbally assaulted in front of my peers by a member at large. He then e-mailed me an appology and claimed he was stressed (I have the e-mail). They are also trying to pressure me into a meeting with their lawyer (as per your article - FYI they have done everything you said they would) and claim that there is no way they could win a grievance on my behalf... even though they just did and dropped the ruling to benefit the other member.

Any advice would be appreciated. I have been on my own through this whole thing and the rest of the membership are dumbfounded as to why I am having such difficulty.

thanks

dave

  • posted by gbuddy
  • Thu, Jun 5, 2003 10:56am

Sounds like a typical case of how unions turn ordinary challenges into nightmares for their members.

Can you divulge which union you're in and which jurisdiction (province or state)?

From what you say it appears you still have a job, at least until next January. If that's the case, then you should not feel under pressure to make any moves or decisions that you may regret later.

The best piece of advice I can think of pertaining to your current situation probably would be - sign nothing! Your immediate challenge apparently is this meeting next week. Before, during, and after that meeting, you need to have the agenda under control. I've just been through one of these (my first time), although it was over the phone, and it was a learning experience. I never got anything in writing out of that meeting although some serious issues were discussed and my case has been moved along as a result. I'd say there's probably nothing more important than getting things in writing.

Ahead of time - establish specifically who's going to be at the meeting and what's the purpose / agenda. If they won't put it in writing, you could insist, or just put it in writing yourself and copy everyone. An audit trail is important. Later on you may not even be able to remember clearly yourself what happened along the way.

Can you get someone else suitable to accompany you to the meeting to keep notes and verify what's going on? You might even want to consider wearing a recording device so you can review the discussion at your leisure later on (worked for me).

  • posted by verity tango
  • Fri, Jun 6, 2003 12:31am

The David v.Goliath dyamic is but one of several pitfalls or realities of the section 12 application.

Although it may be too late to offer you some advice, the following comes from my experience. You must, and I mean must with a capital M, realize that a papertrail is everything. These section 12's require that you exhaust all internal union remedies. Often the union responds by telephone so as to avoid adding to a papertrail. What members must do is send registered letters detailing their concerns to the union. Most often the union will use the telephone to respond. Make notes of the conversation and put them in a letter back to the union saying,"Further to our last conversation, my understanding is..." Send that letter registered as well. The system requires that you exhaust the internal union remedies first. What a great many unions count on is that you won't realize that you need to create a paper trail to back your arguement. Without any paper to support your position, it is easy to make the point that you have said little and taken too long to say it. The LRB is happy to dismiss under these circumstances.

  • posted by doug
  • Fri, Jun 6, 2003 8:00am

Well, it looks like I'm F*&*(d! I have some what of a paper trail, but they purposely denied meetings and phone calls verbally to avoid to me having more of one. The only thing I can hinge this on are two documents... the grievance they won last summer and a document from the union to HR stating how my situation is a direct result of the bump, as a result the outcome of that grievance affects me.

  • posted by verity tango
  • Fri, Jun 6, 2003 10:32am

The situation may not be entirely fubar. Without knowing the fine details or the collective agreement or seeing your DFR complaint forms, I still offer these points. It is always important to have documentation. But you must remember that it does not necassarily have to be your own. If the case hinges on the fact that your rights were bargained away without consultation, the documentation from that agreement can stand as evidence. If there is a pattern where your interests have been ignored or prejudiced, this may fullfill the requirement for arbitrary or discriminatory or bad faith. If you had a grievance that the union said it could not win, it does in fact go on to win it, then quietly surrenders the issue without consultation, those documents may be sufficient. Your employer seems interested in keeping you and may also be a source of documentation.

In any event the train has left the station and you may have to just enjoy the scenery. There is still value in the process. However it turns out, you are wiser and the union knows it. If you take what you learned and pass it along to your co-workers, they too are empowered. This is part of the rise and fall of any local. A local that has a well informed membership is far more likely to have good representation than one where apathy is typical. Apathy is an invitation for abuse and sooner or later a union official will accept that invitation. Lastly, section 12 complaints are embarrassing. Even if you lose, the union has come under scrutiny and these issues often make it through the grape-vine to the detriment of the local leadership.

If you haven't studied some Section 12 decisions yet, I would strongly suggest that you do(if it's not too late). These decisions use the language and logic that you will be expected to use. You can get them at www.lrb.bc.ca Click on decisions. Yes, it's very time consuming - part of a process to hurt your chances some say. Little old you versus the big well-financed machine. Many fall by the wayside because they just don't have the time and energy. It helps to be tenacious (stubborn) and committed. Don't kick yourself if it doesn't go your way. Getting as far as you have is something worth doing and you should give yourself a pat on the back.

Please let us know how this turns out along with your thoughts on the process.

  • posted by doug
  • Fri, Jun 6, 2003 11:41am

Dear sir, you kind words are much needed and much appreciated. I will keep you in the loop.

Thanks again for the information.

D.

  • posted by doug
  • Fri, Jun 6, 2003 12:18pm

As an after thought... what is the unions responsibility to protect the personal details of members when in a situation such as this. I ask because our union executive shared all of the personal details of my problem with a member-at-large, who is now spearheading the fight against me. The Pres. is useless and they know it, so they have shared my confidential information with this member and they have been doing a majority of the negotiating.

Is there a specific clause under the Labour Law that speaks to privacy and a members rights to confidentiality?

  • posted by CUPE_Reformer
  • Thu, Jan 1, 2004 9:55pm

posted by doug

quote:


They have a lawyer making multi-millions and I have, well, me. I have read the literature on this site about the DFR process it is wonderful. But I could still use advice from professionals here about how to represent myself.

thanks

dave


Doug:

I think that you should talk to a lawyer as soon as possible. If you are a member of a Union which is affiliated with the Canadian Labour Congress (CLC), you should not talk to any lawyers who have ever done any work for employers or Unions affiliated with the CLC.

  • posted by Labatt Buster
  • Wed, Apr 7, 2004 1:45am

Hey Doug,
I was just reading your thread and as someone who is currently entering the DFR fray I share your apprehension.
CUPE_Reformer's advise to seek a lawyer is good advise.
The only labour lawyer that I've come across that is both competent and trustworthy is a gentleman named Ib S. Petersen and he practises law in Vancouver.
He has a reputation as a bit of a maverick in the labour community.
But as to his competency -well Ib literally wrote the book on labour law in B.C. He is the contributing editor of the B.C. labour code and regulations which is published, I believe, annually.
He can be contacted on his cel at (604) 760-3293.
Hope this is of some help to you.

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