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Indigenous Rights

Indigenous Rights Advocate#

Sample Language

Article XX.X

Establishment of an Advocate for Indigenous (First Nations, Inuit and Métis) Persons

X.1 In recognition of the importance of truth and reconciliation and the need to create more just relations with Indigenous peoples, the Parties agree to the appointment of an Advocate for Indigenous peoples.

X.2 This Advocate must identify as a member of an Indigenous community.

X.3 The Local Union President shall be responsible for the selection of the Indigenous Advocate and in doing so must engage in meaningful consultation and consider the views of employees in the workplace who have identified as being a member of an Indigenous community.

X.4 A The Advocate will be a workplace representative who will provide support to Indigenous members and who will liaise with the local union and the employer to ensure that both have adequate knowledge of needs, customs, and culturally relevant processes that could be adapted to better support Indigenous members in the workplace

X.5 The Advocate’s primary role will include the provision of support for Indigenous members who have expressed concern related to racial discrimination or harassment. The Advocate will seek and share knowledge and actively promote access to culturally relevant resources, practices, and processes. Working cooperatively with the Union and the Company, the Advocate will also help to develop, implement and monitor an action plan that includes an anti-racism and equity strategy;

X.6 The Advocate will act as a link to local Indigenous communities and will seek out knowledge and direction from Elders, where required

X.7 Should the Advocate require time off the job in order to fulfil their duties, the Union shall submit a request detailing the amount of time required and a discussion shall ensure about the nature of the issue for which time off is sought. The parties agree that such a request shall not be unreasonably denied.

Other language for advancing Indigenous rights in the Workplace#

Grievance Procedure (Alternative to Indigenous rights advocate)#

Could be substitute/alternative language for the Indigenous Advocate

In recognition of the respect for and value of the wisdom and experience of Elders and/or other respected members of the Indigenous community, grievers may request these community members to act in a supportive, confidential capacity throughout the grievance process. The parties may also agree that such a community member will act as a mediator or decision maker. This shall not be interpreted to be an obligation on any individual to seek the assistance of an Indigenous community member.

First Nations/Native [Indigenous] Employees Employment Equity Plan 1. (First Nations/Band Employers, Employers Providing Services to First Nations Peoples etc)

In this Collective Agreement, "Indigenous peoples" is a collective name for the original peoples of North America and their descendants including persons who are First Nations, Inuit or Métis

The onus shall be on the employee to demonstrate that they are an Indigenous person and thereby entitled to the rights and benefits set forth herein.

Despite any other provisions of this Collective Agreement, in all cases involving the filling of vacancies, promotions, selections for training, transfers, layoffs, and recalls from layoff, the Company and the Unions agree that the Company shall be entitled to give preference to Indigenous Employees regardless of their seniority provided they have the skill and ability to perform the work.

Despite the provisions of this Article or any other provisions of this Collective Agreement, the Company shall be entitled to develop and implement special work schedules applicable to Indigenous employees to allow them to engage in traditional activities, including traditional economic and spiritual activities, while maintaining employment with the Company.

Equity Plan 2.

It is agreed that the Employer will establish an Indigenous Development and Advancement program for Indigenous members

Acknowledgement of Traditional Territory#

MODEL LANGUAGE:

Letter of Understanding #1:

The company and the union acknowledge that _____ workplace is situated on

Indigenous land that has been inhabited by Indigenous peoples from the beginning. This workplace stands on Ancestral Traditional Territories of the ______. As settlers, recognition is given to the generations of people who have taken care of this land for thousands of years and who have stewarded this land.

National Indigenous Peoples Day (June 21st) and other Indigenous Days of Significance#

Prioritize negotiating June 21st National Indigenous Peoples Day, and other holidays of significance to Indigenous employees, as paid holidays.

Example days#

  • Louis Riel Day; Aboriginal Veterans Day (Nov 8th);
  • MMIWG (May 5, October 4 or Feb 14 – to allow for participation in activities of remembrance and reflection)

Social Justice Leave#

At the request of an employee, up to a total of fourteen (14) hours with pay shall be granted as follows: (This leave is not subject to carry over or to being cashed out.)

a) for the purposes of celebrating National Aboriginal Day on June 21 to attend a recognized function sponsored by an organization other than the Employer; and

b) for the purpose of recognition and celebration of human rights to attend a recognized function related to human rights.

Bereavement Language#

Strengthen bereavement language to reflect Indigenous traditional family units.

For the purpose of this clause, immediate family is defined as father, mother, (or alternatively step-father, stepmother or foster parent), brother, sister, spouse, child, stepchild, child adopted through Indigenous custom adoption practices, or ward of the employee, father-in-law, mother-in-law, grandparents, employee’s grandchild, and other relatives permanently residing in the employee's household or with whom the employee permanently resides, and also includes anyone for whom the employee holds a legally executed “Power of Attorney”.

Negotiate equity statements in the workplace which encompass Indigenous rights and an Indigenous-focused perspective.

Negotiate equity committees which work on measurable gains designated to be done through the life of the agreement.

Employment Equity#

CUPE 2484 and Highview Wilson Child Care-Ontario

LETTER OF UNDERSTANDING #1 - Employment Equity

The Employer and the Union agree to co-operate in developing, implementing and monitoring an Employment Equity Program covering employees of the Centre. All components of the program will be jointly developed between the Employer and the

Traditional Activities#

Upon the request of any First Nations, Inuit or Metis (Indigenous) employee who has completed the probationary period under this Collective Agreement, the Company may grant a leave of absence of not more than three (3) months in a calendar year, for the purpose of engaging in traditional activities, including traditional spiritual activities and traditional economic activities such as hunting, fishing and trapping. It is acknowledged by the Company and by the Union that leave shall not be arbitrarily denied, but that may need to be restricted to a period of less than three (3) months having regards to the total number of employees on such leave at any one time. An Indigenous employee shall continue to accumulate seniority during any leave granted in accordance with this Article.