The Telecommunications Workers Union (TWU) advised Labour Relations on April 21 that members are not required to change shifts in order to accommodate three consecutive hours to vote.
The TWU has been in touch with Elections Canada and has confirmed that you are not required to change your shift. If you agree or volunteer to change your shift, then that is your choice, and is not a violation of the Canada Elections Act.
The Canada Elections Act entitles members to three consecutive hours to vote. The employer may choose when the three hours is taken. The time may be granted at the beginning, end or anywhere in between your scheduled shift start and stop time.
The TWU is aware an email was sent from Client Service Operations (CSO) to members in Care Future Friendly Home (FFH) who qualify for time off to vote. The email instructs members who wish three consecutive hours to vote to respond with a request for a change in shift to allow for three consecutive hours.
In light of information from Elections Canada, members who feel they were coerced into changing their shift should email CSO and ask that their agreement be withdrawn and their shift returned to what it was originally posted as. Also, include a request to have the time granted off per the Elections Act to allow three consecutive hours to vote.
If CSO denies you time off to allow for three consecutive hours to vote, please see a Shop Steward to have a grievance filed. In addition, a complaint can be filed with Elections Canada.
It is an offence for employers to fail to provide time off for voting if required under the Canada Elections Act. It is also an offence for an employer to reduce an employee’s pay where the employee has been provided time off to vote in accordance with the Act. The maximum penalty for violating these prohibitions is a fine of up to $1,000, three months imprisonment, or both. It is also an offence for an employer to use intimidation, undue influence, or any other means to interfere with the granting of time off to vote under the Canada Elections Act. The maximum penalty for violating this provision is a fine of up to $5,000, five years imprisonment, or both.
The TWU believes Telus is interfering with our members’ right to three consecutive hours to vote by requiring members to change an already scheduled shift.
Members that wish to make a complaint can do so by mail, fax or e-mail. Provide your name, mailing address, phone number and, if applicable, your fax number. Please keep and include records of your correspondence with
Telus requesting your time off to vote and that you do not agree to change your scheduled shift.
Under the Act, the TWU can file a complaint on behalf of members. Members who do not wish to file an individual complaint can forward their information and correspondence to a Shop Steward or the Union office.