Paid Union Meetings
Union meetings are provided for under section 26 of the Employment Relations Act 2000open_in_new.
Union members are entitled to attend at least two paid union meetings (PUMs) every calendar year.
If possible, schools should remain open for instruction while a PUM takes place.
What does open for instruction mean in the context of a paid union meeting?
It means that, at a minimum, students who remain on-site during the meeting are safely supervised.
Depending on the number of union members entitled to attend the paid union meeting, schools may be able to maintain their normal level of teaching and learning during the meeting.
However, if your school is unable to do so, you should take a practical approach and work with the union to manage operational requirements without closing the school for instruction.
For example, providing supervision using non-union staff and staff who do not have paid union meetings, or, where it would only require a small number of union staff to remain, negotiating with the union to have some union members assist with supervising students.
What if my school cannot remain open for instruction during the PUM?
There will be a variety of different circumstances applying to schools, as to whether they maintain normal operations or offer supervision during the meeting, depending on:
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Which staff are having a paid union meeting.
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The number of staff who are not union members and are available to cover the union members who are at the meeting.
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Whether other staff can cover the work.
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The timing of the meeting.
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Any arrangements the board and union have made to manage the union meeting in their local context.
If, despite the above, it is not possible to maintain normal operations or provide supervision to remain open for instruction, the board may close the school for instruction.
However, it may only do so if it meets all the following criteria:
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It has not closed for more than two half-days in the same school year for a PUM.
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It has given at least two weeks’ notice to the school community of the proposed closure.
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Sufficient supervision is available for students who require it.
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It makes up the closure at another time during the same school year.
What are the legal responsibilities of the union and employees?
The union must give the board at least 14 days’ notice of the date, time, and duration of the meeting.
The union must work with the board to identify how they will manage the paid union meeting. If necessary, they may make arrangements with the school to ensure sufficient union members remain available during the meeting to enable the school to provide supervision, or, if it would require a minimal number of union members, its regular timetable.
Employees are required to return to work as soon as practicable at the end of the meeting.
The union must provide the employer with a list of members who attended the meeting.
What are the board's legal responsibilities?
Boards are required to:
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Work with the union to allow as many of its members as possible to attend union meetings.
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When the meeting occurs during the union member’s normal working hours, pay them their ordinary pay for that time up to 2 hours (see below for further information).
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Keep the school open for instruction if at all possible. Depending on the number of staff eligible to attend a PUM, the school may need to provide supervision rather than continue with its normal timetable.
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If it is not possible to keep the school open for instruction, close the school for instruction, communicate the closure with at least two weeks’ notice, provide for supervision and make up the closure in the same school year.
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Maintain the health and safety of students and staff.
Boards are not required to pay employees for more than two hours (which includes any travel time). Payment is also not required for attending meetings outside their regular hours, or for days of the week on which they do not usually work, unless the collective agreement explicitly provides for this.
Boards are not required to cover any expenses associated with the meeting.
If you have any questions, please contact us.
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