Instructions for union representatives

Union representatives in Uppsala University's various bodies fulfill several important functions in the university's and the Saco-S Association's activities.

Uppsala University as an employer is obliged according to the Employment (Co-Determination in the Workplace) Act (MBL) to continuously keep the Saco-S Association informed about operations, finances and personnel policy, and to negotiate with the Saco-S Association "before employers decide on more important changes in operations". This is the basis for us having union representatives on various committees and boards.

For the Saco-S Association, the union representatives are important links between the board's work and what happens in different parts of the university's operations. As a union representative, you ensure that the Saco-S Association has insight into the university's activities and you are responsible for the Association's board knowing what issues are on the table of the relevant board or committee. You also monitor the decisions made in these bodies and participate in discussions to provide a broader employee perspective on many issues.

As a union representative, you usually have the right to attend and speak, but without the right to vote in these bodies. This means that union representatives are not responsible for decisions made by the university's boards and committees. As a union representative, you are subject to a duty of confidentiality in certain matters. However, you always have the right to inform the Saco-S Association's board about the information that you have been given as a union representative, both written and oral information.

The Saco-S Association's representatives are important ambassadors in the business. It is therefore important to be well-read and professional at the meetings. Should you be treated badly by the other members, it is important to bring it up to us so that we can rectify this as soon and as well as possible.

Laws that have an impact on our work

The employer's obligation to negotiate

Before an employer takes any decision regarding significant changes in its activities, he shall, on its own initiative, enter into negotiations with the employees' organization with which he is bound to negotiate under a collective agreement. The above-mentioned shall also apply prior to any decisions by an employer regarding significant changes in working or employment conditions for employees who belong to the organization.
- Unofficial translation of MBL, Section 11

This means that the employer must negotiate before a decision on more important changes is made in the board. This can advantageously be flagged to the chairperson of the meeting before the meeting, but can also be discussed on the spot.

The employer's obligation to inform

An employer is obliged to regularly inform an employees' organization in relation to which he is bound by collective agreement as to the manner in which the business is developing in respect of production and finance and as to the guidelines for personnel policy.
- Unofficial translation of MBL, Section 19

This means that the employer must provide information in different situations, even if it does not then mean that they need to negotiate. The obligation to inform may extend beyond informing you as a representative at the meeting. If this is the case, you can mention it to the meeting before, during or when you report back after the meeting to the Saco-S Association's board so that we can ask the employer to inform us.

The right to fulfill one's appointment

An employer must not prevent a union representative from fulfilling their appointment.
- Unofficial translation of Act on the position of union trustees in the workplace (Swedish: Lag om facklig förtroendemans ställning på arbetsplatsen; FML), Section 3

This means that you cannot be denied access to the meeting or anything else that prevents you from participating on the same terms as the members.

Right to the leave required for the appointment

A union trustee is entitled to the leave required for the union appointment. However, the leave may not be greater than is reasonable with regard to the conditions at the workplace. The leave must not be arranged in such a way that it entails significant obstacles to the proper conduct of the work.

The scope and organisation of the leave is determined after consultation between the employer and the local employee organization.
- Unofficial translation of FML 6 §

This means that your boss can not say no to you attending these meetings as long as it can be booked in with some forethought. In general, board/ equivalent meetings are booked one semester at a time.

Duty of confidentiality and the right to inform the board

"An employer who according to section 3, second paragraph, is obliged to give a union trustee access to a workplace and let the trustee be active there has the right to negotiate with the relevant employee organization about confidentiality regarding the information to be provided to the trustee.

In such cases, section 21, second and third paragraphs of the Act (1976:580) on co-determination in working life apply. What a union trustee has become aware of with the duty of confidentiality referred to in the first paragraph, the trustee may, despite the duty of confidentiality, pass on to a member of the board of the employees' organization. In such a case, the duty of confidentiality also applies to the board member."
- Unofficial translation of FML 9 a §

This means that you can get information that you only have the right to notify the board of the Saco-S Association. In case of doubt, ask the chairperson of the meeting if there is a duty of confidentiality regarding an issue. There is usually no duty of confidentiality regarding an issue.

If a union trustee or a member of the board of an employee organization violates the duty of confidentiality referred to in section 9 a, first and second paragraphs, or unauthorized use of knowledge acquired by the trustee or board member during such duty of confidentiality, the employee organization is liable for any damage. In such a case, liability according to chapter 20 does not follow. Section 3 of the Swedish Criminal Code (Swedish: brottsbalken).
- Unofficial translation of FML 10 a §

When the appointment has ended

A union trustee may not be given deteriorating working conditions or terms of employment due to their appointment. When the appointment has ended, the employee must be assured the same or equivalent position in terms of working conditions and terms of employment as if he had not had a union appointment.
- Unofficial translation of FML § 4

This is a protection against reprisals and should any such occur, you must contact the board of the Saco-S Association immediately.