One of SFUFA’s primary roles is to advocate for the interests of members and to represent them in disputes with the University. Representation takes a number of forms, from informal consultation and advising through to formal legal representation in grievance and arbitration proceedings (see below).

Members may reach out to the Association at any time for assistance with any matter arising from or impacting work or the workplace. There are legal limits to our jurisdiction, and we cannot guarantee that we are always able to represent members as they would hope, but we are committed to being available in all ways possible, including acting informally wherever possible even if legal options are constrained.

While not exhaustive, the following is a general breakdown of the ways SFUFA represents and advocates for its members on a daily basis.

A Note on Confidentiality

As a general principle, SFUFA treats member consultations as confidential. We may have need to discuss issues internally, but members can feel confident that their concerns will not be shared with colleagues or with the University without the express permission of the member and/ or until a formal (and more public) process such as a grievance is initiated. There are limits to confidentiality, of course. For example, should an issue come to our attention which causes concern for the safety of the member or the community, or should an issue be raised that is significance to the Association and demands attention organizationally, it may be necessary for us to act even contrary to the preference of the member. Such situations are, however, extremely rare, and the Association does not take such action without consulting with legal counsel as to our obligations.

Faculty members at SFU often participate in confidential procedures, such as search committees and evaluative processes, and have access to confidential information through teaching and service obligations. SFU policies govern treatment of confidential material, but members should note that consulting with one’s Union is permitted regarding any aspect of employment. That is, should a concern arise in or with respect to a confidential process, members may feel confident in approaching the Association for advice on how to handle the situation, and in no case should be threatened or admonished for seeking counsel from SFUFA.

Consultation and Advising

SFUFA staff are available to meet with members regarding any and all workplace related issues, and can be a useful sounding board when an issue arises that is troubling or unclear. Whether related to rights or benefits, University procedures or protocols, interpersonal conflicts, or personal events impacting one’s work – for any reason, at any time, members can seek out the Association for information, advice, or simply an ear to listen.

Informal Processes

Most often, when an issue arises that requires attention, the Association’s first step is to seek an informal solution. Through consultation with the member, we will identify possible solutions and discuss the various avenues available to pursue those solutions, and will work with whatever creativity and flexibility are possible to find the simplest solution for the greatest number of people. The University is a decentralized and dynamic institution, rooted in collegial relationships, and the Association strives to focus on problem-solving, prioritizing what works for real people in real circumstances. Informal resolutions can be pursued at interpersonal, unit, decanal, or University levels as appropriate, and engagement in an informal process neither precludes nor requires more formal action later.

Grievances

Grievances are formal processes concerning the intepretation or application of the Collective Agreement; formal procedures outlining formal complaints, a grievance is not always the most appropriate response, nor even an option if there is not a breach of the Agreement or policy that we can rely on. The grievance is, however, the most standard complaint process available to unions, and initiates a formal process that can lead to a third party, binding process resolve disputes (arbitration).

Grievances may arise from complaints of individual members, groups of members, or the Association as an organization, and once launched set into motion a process that is laid out in the Collective Agreement (Article 21, Dispute Resolution). That process is ultimately governed by BC’s Labour Relations Code, and the Labour Relations Board is the ultimate authority over how disputes are resolved.  As legal processes, grievances are not disputes between individual members and the employer, but between the Association and the University. That is, while an in individual’s specific situation may form the basis of the grievance, the grievance itself is “owned” by the Association. It is the Association that has the authority to launch, settle, withdraw, or arbitrate a grievance.

To say that the Association owns the grievances is not to suggest that the member involved has no role. Throughout grievance processes, and in proposal of or consideration of settlement options, the Association works closely with the affected member(s). Ultimately, however, as the grievance regards violation of the Collective Agreement, and the Collective Agreement is a legal document binding the University and the Union, it is the Union that is both responsible for and has authority for if and how grievances are pursued.  There may, then, be cases in which a member wants to file a grievance and the Association declines to do so; and there may be issues in which a member might prefer not to file a grievance, but the matter is of such significance that the Association needs to act regardless.

In determining whether, when, and how to pursue a case, the Association may consider a range of factors, but much not act in a way that is arbitrary, discriminatory, or in bad faith. Among the factors that may be considered are the following:

• the seriousness of the breach
• the likelihood of success in a formal complaint process
• any conflict between the interests of the member(s) involved and the wider interest of the membership as a whole
• the availability of Association resources to pursue the matter, evaluated against the significance of the case and the chances of success

That is to say, the Association must listen to a member’s concerns, take those concerns seriously and evaluate them against the Agreement, and determine if there has been a breach and whether that breach might be addressed through a grievance, and it must do so in a way that is fair and appropriately considers the interest of the member. That does not, however, mean that all cases will be taken up, either at the initial grievance stage or in consideration of whether a case ought be pursued to arbitration.

Arbitration

Arbitration is the final stage in the grievance procedure, and is available to the Association where a settlement (formal or informal) has not been possible with the University. It involves both parties making arguments and presenting evidence to an independent third party whose authority derives from the Labour Relations Board and who is empowered to issue a decision that is final and binding. Arbitrations are generally public processes, leading to public decisions that form part of case law for future reference.

Not all, nor even most, grievances are pursued to arbitration, and often issues that are deemed appropriate for a grievance will be withdrawn rather than taken forward to this stage. There are a number of factors that are considered in determining whether to pursue a case, including but not limited to:

• chances of success (normally based on a formal legal opinion)
• implications of both success and failure of the case for the future
• cost of pursing a case vs what may be achieved

As arbitration is a binding process that leads to a public decision, the Association will always need to consider not only what may be gained through a successful case, but what may be lost through an unsuccessful one. As procedures that can be lengthy and involve significant legal resources, the Association also may consider the costs and resources necessary to pursue a case.

Decisions regarding arbitration are ultimately the purview of the Executive Committee, based on advice from staff and legal counsel.

Representation in non-Grievance Matters

SFUFA’s formal representation of members is not restricted to grievance and arbitration processes. A Tenure and Promotion Advisor who is a faculty member rather than staff, assists members in preparing for tenure and promotion review, addressing concerns in the process, and launching any appeals that may be necessary. There are also any number of investigatory mechanisms the University uses to address matters of concern, and SFUFA can advocate for members in any of these, whether as a complainant or a respondent. Additionally, members may have medical issues or face human-rights based barriers that call for accommodation (or adjustment of workplace norms). In these procedures, too, SFUFA can assist members as they navigate the processes involved. Whatever the situation, whatever the process, whether one is a complainant or a respondent to some kind of complaint, it is always worth a call to the Association to determine whether representation might be advised.

Appeals of and Complaints Regarding Association Representation 

SFUFA has a policy in place regarding member representation, and an internal appeal process for members who disagree with a staff or Executive decision regarding representation including handling of grievance and arbitration matters.