NOVA SCOTIA UNION OF PUBLIC AND PRIVATE EMPLOYEES

Welcome to NSUPE On-Line

What’s in a Union Contract?

Grievance Procedure - resolving disputes:

The Trade Union Act requires that the employer and the union include a grievance procedure in the contract. If they don't, the law dictates what that grievance procedure will be. If the employer violates any of the provisions of the contract or disciplines an employee without just cause, the employee can file a grievance through the union representative. With the help of the union, you can try to work the problem out with the employer. If you can't reach a satisfactory resolution then the dispute can be referred to an independent arbitrator. The employer must pay its own costs and the union will pay for your representation and costs. The arbitrator will hear the evidence and make a binding decision.
Note: Employer grievance and dispute resolution procedures have no legal status under the labour laws of the province.

Wage Schedule - an Important consideration:

Wages are usually set out in the contract along with any terms necessary to reach any particular wage level (years of service, type of work, etc.). Usually contracts run for at least two years and sometimes longer. For that time you would try to negotiate an annual wage increase that would at least keep you up with the cost of living. The contract will also say when you get the negotiated pay increases. Usually a contract will set out what constitutes overtime and how much is paid for it, for holiday pay and for call out and stand-by pay (if appropriate).
Note: Without a union contract, any increase given by the employer can be taken away at a later date, promised increases don't have to be paid and the employer can push out higher paid employees to hire new people at lower rates.

Employment Security - many considerations:

Employment security includes the right to know what your wages will be and when you'll get increases. It includes seniority provisions that give longer service employees a preference when it comes to job opportunities, training, layoff when business falls off and recall when business picks up. Most employees try to negotiate such terms into their collective agreements. In addition, many contracts include provisions requiring retraining and severance packages.
Note: An employee without a union collective agreement can only count on the very minimum benefits provided by the Labour Standards Code of Nova Scotia. The employee is responsible for the effort and costs of enforcing the Code provisions.

Hours of Work - so you can have a life outside work:

Hours of work is often a contentious issue between the employees and management. Employees want some stability in their lives, they want to know what they are doing and when they are doing it. They want time for their friends and families. Management wants maximum flexibility so it can cover every contingency at no extra cost. The contract will attempt to define, as much as reasonably possible, the number of hours you work and when you work them as well as how shift changes are made and how much notice is required. Usually a contract will contain provisions for days of rest and how many weekends you get off.
Note: In a non-union workplace the employer is free to make and change rules about how long your work day and work week are and which shifts you work.

Benefit Package - part of your compensation:

A benefit package may include some or all of the following items: medical coverage (including drugs and vision care), dental care, life insurance, long term disability insurance, pension or RRSP plan. None of these benefits are free but they can be critically important when you need than. It's not unheard of for employees to take a bit smaller wage increase in order to improve their benefit package (but that's a decision you will make). Once you have these benefits secured in a contract you don't need to worry about what happens if you or a family member all of a sudden needs expensive drugs or dental care. You know that if you die, your family will be left with some financial compensation and, if you have a long term disability plan, you'll not have to worry about becoming disabled and unable to work. Other benefits provided through government include workers' compensation and employment insurance and the union can help you present your case should you ever need them.
Note: Without the protection of contractual terms, benefit packages can be unilaterally changed or dropped by the employer.

Health and Safety - to enforce and re-inforce legislation:

The Occupational Health and Safety Act sets out rules with respect to workplace safety and the running of joint Occupational Health and Safety Committees. When you have a union then the employee committee representatives come from the union membership and the union will help provide information and resources to its members. Health and safety rules mean nothing without enforcement and they can't be properly enforced without strong union backing. You don't have to work in a mine to have concerns, all workplaces have health and safety concerns.
Note: The miners at the Westray Mine in Stellarton, NS did not have a union. They relied on government health and safety inspectors to protect them. Twenty-six of them died needlessly and not one company official or government employee was held accountable. With an effective union the mine would have been closed until the hazards were eliminated.