If your employer invites you to attend a meeting, you MUST ask them whether or not the “get-together” is regarding a disciplinary matter.

As a unionized employee, you have the “Right To Be Accompanied” to have union representation present at any meeting with your employer, resulting in discipline, including fact-finding and all disciplinary meetings.

The “Right To Be Accompanied” is a right guaranteed in labour contracts between employers and unions. Including Quebec’s Health and Social Services National Collective Agreements.

As a result, it is illegal for an employer to take retaliatory action against an employee who requested to be represented by a union. If even a tiny part of an employer’s retaliation against an employee was due to the worker’s desire for union representation, the employer could face server consequences.

If The Meeting is Regarding a Disciplinary Matter.

Employers should respect their staff and automatically invite union representatives to meetings that will or may result in discipline, including fact-finding meetings. However, not all bosses play fair, and some won’t because they are not legally obliged to invite the union.

It is the employee’s responsibility to ask for union representation and contact their union as soon as possible.

If your supervisor or manager confirms the meeting is disciplinary in nature, you should inform them that you would like a union rep present. Then immediately contact your union representative and insist on their presence at the meeting. Failure to do so could result in severe consequences for your job security.

If the employer refuses to answer or attempts to intimidate you, contact your union representative immediately. At this moment, it’s to your advantage to have a union rep present to support and advocate for you during the meeting.

Non-unionized workers, click HERE.

What Is A Disciplinary Meeting?

A disciplinary meeting is a meeting that could lead to disciplinary action such as a verbal, a first, or final warning. This type of meeting can often be one of the terrifying things you’ll ever have to go through at work.

As former VP OHS and Interim President for the McGill University Health Centre Employee Union, I noticed the employer’s motives were not always an objective search for the truth. At times there exsisted ulterior motives.

Below is an instance of a hostile meeting I attended as Union Rep.

The disciplinary meeting took place at the Historic Royal Victoria Hospital in Montreal following a complaint from a patient’s mother towards a patient attendant (orderly).

During the meeting, attended by the 6 Medical Floor head nurse (KC), an HR consultant, two nursing department managers, the patient attendant and myself, the head nurse presented numbers and percentages to support the complaint.  

When I asked KC where he got numbers, he became flustered and replied, “They’re ad hoc, Manuel. I made them up. That’s why I was getting nervous when I noticed you were writing them down.”  When I strongly objected to this behaviour, the only comment from the employer reps was to proceed with the meeting.

Then things got more insane. On the evening of the incident, the patient attendant had followed the instructions from her nurse-in-charge, so I asked KC what the nurse-in-charge had said when he spoke with him.

KC replied that he did not speak with the nurse-in-charge. He explained his action or lack of, by saying that the “nurse is a very private person who did not like to get involved in these matters”. Again there were no responses to my objects!  Upset I turned to the HR consultant who was busy “playing” with their Blackberry.

During my investigation, which I presented at the meeting, nurses and support staff told me they sympathized with the patient’s mother. Still, her demands to all the staff were unrealistic considering the number of patients on the ward and each employee’s heavy workload.  

The patient attendant, who had an excellent work record, received a two-day suspension, reimbursed a year later when the union negotiated the grievance she deposited. A few months following the meeting, the head nurse left the MUHC.

Unfortunately, this was not an isolated occurrence. This type of behaviour from the employer underscores why you MUST ask your employer whether or not the meeting is regarding a disciplinary matter and if it is, then contact your union as quickly as possible. The outcome for PAB, might have been more severe had she attended the meeting without union representation.

As an Employee, What Are Your Rights?

• As a unionized employee, you have the right to have a union representative present at any meeting with management that will result in discipline, including fact-finding meetings.
• You have the right to know the meeting’s topic. 
• Seek advice from your Union representative prior to the meeting.
• Please make sure you know the “charges” levelled against you and the evidence supporting them. 
• Pay close attention to management’s assertions during the meeting and make sure you understand them.
• Don’t interrupt the employer’s representatives, and don’t let them interrupt you when your speaking. Politely ask they allow you to finish. Note down the times you were interrupted. This is important and should be addressed in writing directly to the Human Resources Director by your union. Ask for a copy of the email!
• If the employer’s representatives become rude or aggressive during the meeting, and your union rep does not intervene, you should politely ask them to respect the “civility of a meeting.” If the inappropriate behaviour continues, say, “Your behaviour is making me feel uncomfortable.” Make sure your union rep notes your remarks. 
• During the meeting, you have a right to request a pause. 
• The meeting should occur on the employer’s time, not your break, lunch, or after/before your shift.
• If the meeting occurs before/after your work shift, the employer needs to compensate you for the amount of time.
• Travel expenses incurred getting to the meeting, if not at your place of work, are reimbursed by the employer.
• Even though your union rep is under no obligation to provide you with a copy of their notes from the meeting, it is nonetheless a good idea for you to request a copy. Some delegates do not mind sharing their notes with their members.

Your Union Representatives Responsibility

• They should ask what the complaint/subject of the meeting is. However, should the employer refuse to provide the information… After the employer presents the “charges” at the start of the meeting, your rep should request a time out to discuss them with you. I once took a thirty-minute timeout. When the worker and I returned, the employer expressed that they thought we had left and gone home. From then on, that HR consultant always provided the required information before meetings.
• They should meet with you before the meeting to get your side of the story, collect relative documents, and, if possible, perform at minimum a preliminary investigation to gather witnesses and/or evidence.
• During the meeting, they can help clarify questions from management and ensure you are not interrupted when speaking.
• They need to ensure that management clearly understands and documents your side of the story.
• Take notes during the meeting and ask for a break should you and/or your rep require one. 
• They should ensure meetings are conducted with civility, and they should not be shy to point out any inappropriate behaviour on the part of the employer reps.

Non Unionized Employees

Labour laws and regulations in your province or state govern employers’ behaviour when disciplining workers. You can search Google for your area’s labour laws and regulations and locate free “legal aid” and support groups.

You can also call a union central. They will often help guide you, or provide contact information, even if you are not a member.

Here are a few basic principles to keep in mind.

To prepare for the meeting, make sure you understand the case against you and the evidence supporting it. 

Also, make sure you arrive prepared with your evidence, witness names and a list of issues you want to bring up.

Who to bring to a disciplinary meeting with your employer?

If you want someone to accompany you, you must request it from your employer. You don’t have the right to be escorted to an informal conversation with your boss or usually to a preliminary meeting where your manager tries to figure out what went wrong. But, just because you don’t have a legal right, doesn’t prohibit you from asking.

Check your contract and your employer’s disciplinary procedure for details on who you’re authorized to bring to disciplinary meetings. 

The information provided here is for informational purposes.

This feature is for informational purposes only and does not contain any legal advice. It is not intended to be a substitute for professional advice. As always, please consult a qualified professional or your local union with any questions you may have.