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Who is entitled to time off?
[ch 3: page 21]TULRCA states that to be entitled to time off for trade union duties and activities, an individual must be:
• an employee, working under a contract of employment for the employer, regardless of hours worked or the duration of employment;
• a union official, defined in section 119 as an officer of the union, or the branch, or anyone elected as a representative according to union rules;
• a member of an independent union; and
• in a workplace where the union is recognised.
The duties for which the time off is claimed have to relate to the employee’s own employer and not an associated employer.
Supporting contracted-out members
Unions point out that it is an important issue for reps to be able to support members whose jobs have been contracted-out. Public service union UNISON argues that the core employer should be encouraged to allow flexibility and let reps use facility time to represent members who work in contracted-out sections of the business.
UNISON has said that branches may have to consider funding a part of their rep’s time so that they can assist members working for non-core employers but in the long-term this issue will have to be addressed with an “organising approach”.