Enforcing our rights

USW Local Union 9400 advocates with employers, governments or society as a whole for the rights of tourism, hotel and restaurant employees in our workplaces.

Together we are improving our working conditions.

Enforcing our rights

The union is here to help all workers enforce their rights, whether those provided under the collective agreement or the right to working conditions that respect the health, safety and physical integrity of workers. The Occupational Health and Safety Act also includes provisions on psychological harassment.

Filing a grievance

The collective agreement provides a mechanism for filing a complaint when it is felt that the text of the employment contract has not been respected. Known as a grievance, this is an agreed-upon procedure between the employer and the union that represents the workers.

It is therefore entirely normal to resort to the grievance procedure when there is reason to consider that a given situation violates the collective agreement.

If you wish to file a grievance, please contact one of your local union representatives (unit president, vice-president, steward).

Once filed, some grievances are resolved through discussions between the union and the employer. Others may be brought before an arbitrator who then determines whether the collective agreement has been respected.

Refusing hazardous work

If you have reason to believe that certain tasks endanger your health, safety or physical integrity or even those of a co-worker, you may exercise a right of refusal, as provided for by law. 

You must inform your employer of any such instance. Please also notify a union representative. The employer will then have to assess the situation with the union representative in order to rectify it, or request the intervention of a CNESST inspector.

In any case, please contact a local union representative if you have any questions or concerns about your health or safety. 

Psychological harassment complaints

If you are the victim of psychological harassment, your union can help you regain a calm and healthy work environment.

Psychological or sexual harassment in the workplace is a vexatious conduct that manifests itself in repeated behaviours, words or gestures which:

  • are hostile or unwanted
  • undermine the dignity or psychological or physical integrity of an employee
  • make the work environment harmful

Here’s what section 81.19 of the Act respecting Labour Standards says:

“RIGHT OF THE EMPLOYEE: Every employee has a right to a work environment free from psychological harassment.

DUTY OF EMPLOYERS: Employers must take reasonable action to prevent psychological harassment and, whenever they become aware of such behaviour, to put a stop to it. They must, in particular, adopt and make available to their employees a psychological harassment prevention and complaint processing policy that includes a section on behaviour involving verbal comments, actions or gestures of a sexual nature.”

Your union representatives are here to help you.