The Right to Representation at Employer Meetings

The Right to Representation at Employer Meetings

Written by FSA Labour Relations Representative Michael Thompson, the following essay is taken from the Fall 2023 issue of the FSA Voice Newsletter.

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You have been asked to attend a meeting with your manager and wonder, “do I get to bring a union representative?” There are instances when you absolutely have the right to union representation and others where you don’t or where bringing a representative wouldn’t make sense. Each situation is case-specific and governed by your Collective Agreement language. Your FSA Collective Agreement is robust in this regard. Article 19.1.4 states that:

An Employee shall have a representative of the Union An Employee shall have a representative of the Union present at any meeting called by the Employer under present at any meeting called by the Employer under the provisions of Article 19. the provisions of Article 19.

Where there is a possibility of discipline, most employers will ensure that the employee has union representation to guard against the discipline imposed (if any) being set aside at a later date by an arbitrator. The fifth edition of Canadian Labour Arbitration by Brown and Beatty (available as an online resource with the BCIT Library), recognized as the authority on the issue, indeed states:

One of the most important ways that collective agreements shape the structure of the disciplinary agreements shape the structure of the disciplinary process is by guaranteeing that employees will be process is by guaranteeing that employees will be able to call on their unions for help when faced able to call on their unions for help when faced with the threat of discipline.

We’ve noted that the FSA agreement has strong language to protect you in these meetings, yet it is not absolute and applicable across the board. Not every meeting with your manager will offer you the opportunity for union representation.

This being the case, when are you not entitled to union representation? There are many occasions, but some examples include general staff meetings and annual performance reviews. Insisting on union representation or refusing to attend such meetings could lead to perceived insubordination and potential discipline. There are exceptions to this, and as mentioned above, each situation is case-specific. If you are unsure, contact the FSA (fsa@bcit.ca) and we can guide you to the appropriate response.

Your rights stemming from Article 19 of the Collective Agreement are powerful yet pragmatic. To be used effectively requires the application of this language in proper situations and in consultation with labour relations professionals at the FSA.