Oct212024

Written by

Nicole McClymont

Local 541’s Head Steward & Co-Chair of the Women’s Committee

PSAC ONTARIO 2024

Local Stewards Training

On October 4th and 5th, 2024, PSAC held a Local Stewards Course for executives and stewards in Ontario. This was an opportunity to learn, network, discuss and explore more details of the Grievance Handling and Duty to Accommodate processes.

I was able to attend the course with our lovely Interim President and Communications Representative, Neruson and Jo. I was happy to have both execs by my side as I navigated my first ever union conference. I have attended union training in the past, but this was more interactive, fun, and included guest speakers and appearances.

Fair Representation

I was happy to meet some of the other individuals who are champions of change within our locals. I also got to meet some familiar faces from other trainings and zoom calls, and even ran into some individuals from my old work building who I did not even know I had left an impression on. This allowed me to have some very meaningful conversations with other local executives, to pick their brains and talk through some difficult scenarios I was facing.

I am most thankful for meeting Hannah Kent, who works at my old office over by Scarborough Town Centre where I used to work in OAS/CPP Pensions (I want to be her when I grow up!). She was very inspirational and helped me to feel more empowered as Head Steward. We were blessed to meet her wonderful family and spend time over dinner discussing life, union stuff and work.

We had two amazing speakers: one who talked about Duty of Fair Representation, and PSAC Ontario’s Regional Executive Vice President Craig Reynolds. I was especially excited to meet Craig Reynolds as I find I do not have a lot of representation in leadership positions at PDOC (referring to Black men and women in managerial positions). Craig had such calm and friendly energy and was taking pictures and speaking to everyone all night — he even happily took a pic with me, Jo and Neruson!

I spoke to Craig about his experiences, how he got into his role, what advice he had for me as a new union exec, and what I can do about the lack of representation at my work location. His responses were very helpful, and he told me about the BLK Summit he planned and executed earlier in the year. Meeting Craig was such a wonderful experience and challenged me to become more involved in the issues and causes that I am passionate about.

Duty to Accommodate & Your Information

Lastly, I would like to share some information that I learned about DTAs.

The facilitators (thank you to Steve and JoanAnn) stressed the importance that anyone can request all files pertaining to them: you can ATIP request (for the low, low cost of $5) to find files/emails mentioning you, and you can request your own personnel file once a year.

This discussion about DTAs made me think of what I view an inclusive workplace to be. In my opinion, an inclusive workplace is a workplace where everyone is respected for their differences, and those differences are met with confidentiality, respect and compassion. In an inclusive workplace, our backgrounds, experiences, disabilities, genders and everything that makes us special would be met with acceptance and celebration. In order for this to become a reality, we must fight for our members to be able to accommodate what makes them different as that is what makes them unique. There is a reason for DTAs, and they came about because people were not being treated fairly. Members unfortunately have to declare their need for accommodation, which may make them feel singled out, instead of removing barriers completely.

DTA cases

Even if you do not get the outcome you are seeking initially, I encourage everyone to look into and explore other avenues, which may include contacting your local MP as sometimes requests may not get resolved in a fair manner at the lowest level. There are multiple case law that show this in action. Specifically, in the Meiorin case, a female firefighter was unfairly deemed unfit for her job as she was 49 seconds over the discriminatory and arbitrary time limit for a training drill that involved running. She was able to get a resolution when she brought her case to the Supreme Court, and this case now changed the landscape for expectations on accommodation on employers. I will always remember the quote from this case, “You can’t outrun a fire”.

The reason why the DTA process is so important because there is no cookie cutter approach to accommodation. You can see this with our Return to Work Mandate, as many members feel that this cookie cutter approach to a hybrid model does not work for them.

More tips for the DTA process ➡️

  • For DTA requests: focus on the impact on you and speak to the limitations you face, not the change compared to working from home.
  • You do not have to give your manager all of your information, and NEVER give them your diagnosis (if your DTA is medical in nature). Do not give them opportunity to have information on you that can be used against you.
  • Do not mention financial hardship in your request (i.e., cost of driving to work, parking, cost of a babysitter, etc.) as the employer can use any extra information you give to deny your DTA. Mortgage, travel, kids, etc. — the onus is on you, not the employer.
  • If the employer is harassing a worker for information and is making the worker’s condition worse, that may be grounds for a WSIB claim.
  • Some cases may require special assessments, like an ergonomic assessment or an assessment from an independent party. Please note that Health Canada is not an independent party. You can obey with the employer’s request to use Health Canada, but this is grounds for a grievance.
  • There should be no performance reviews during the Duty To Accommodate request process.
  • When requesting accommodation, you need your doctor to complete the Functional Abilities Assessment Form, not just a doctor’s note. If you’re requesting certain accommodations, the form must explain what reasons you need the accommodation for and how the alternative (for example, working in the office) will affect the worker’s health negatively.
  • When requesting reimbursement for the Functional Abilities form, put in writing to your manager that the form will cost $___ amount. When you get the bill, give your manager the bill. If they refuse to reimburse you for the cost of the form, that is grounds for a grievance.
  • Please be aware that even if the employer agrees to accommodate you, there is no specific timeframe for them to provide that accommodation.
  • If you need time to care for a family member and have exhausted your Family Related Leave, you can take time off and apply for Family Caregiver Leave through EI.

If you require assistance, and/or are looking for more information about Duty to Accommodate or Alternate Work Schedules, I would encourage you to speak with your favourite union steward or exec, or please come see me and we can chat.

Category: Know Your Rights
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Author: Nicole McClymont

Local 541's Head Steward & Co-Chair of the Women's Committee