Each month, the Advocacy Committee answers your questions about the AD 10 polices (aka, your terms and conditions of employment.)
Hello, I'm Andrew Boden, APSA's Executive Director and an advocate on our Advocacy Committee. I'm answering your questions related to our AD 10 policies. Questions? Submit them anonymously here. These questions will be answered in a monthly advocacy corner issue. For an immediate answer, please contact APSA.
This month's question is about APSA representation during investigation meetings with Human Resources.
I have an investigation meeting by HR, and I'm feeling pretty nervous about it. Should I call APSA?
Although there is nothing in the policies that obligate the University to have an APSA representative present, you can ask for representation. APSA believes it's in your best interest to ask for an APSA representative and have them present at your investigation.
Even though APSA is not a trade union, governed by the Labour Relations Code, it is considered a "near" trade union. So APSA has a duty of fair representation to its members, though one rooted in common law. This means that APSA must act in good faith when representing an employee in an investigation or grievance.
During the investigation meeting, you are likely to be nervous, vulnerable and unfamiliar with this process. An APSA advocate can ensure you receive due process as they are there to defend and represent your interests. APSA advocates are trained on how to proceed in any grievance or investigation meeting.
What if the University denies representation during my investigation?
The University has not denied an APSA member representation during these meetings in the past. Still, they are not required to grant representation. If the University does deny you representation, APSA would press the University to represent its members based on our duty of representation, SFU's past practice and Section 2.4 of the Basic Agreement, where the University recognizes APSA as the sole representative of its members.
What if I don't want an APSA advocate there?
It is your right to choose whether you wish to have representation or not. Yet, APSA advocates are well-trained to assist you in these situations. If a breach in confidentiality concerns you, know that all APSA advocates and staff are bound by a confidentiality agreement, and they must not speak with others about your case.
If you are ever unsure whether you'll be going into an investigation or discipline meeting, you can always contact APSA to discuss your situation. Talking to APSA is 100% confidential.
Need an APSA advocate? Contact us at 778-782-4319.
