Thursday, 23 April 2009

Clients

In meetings, university officers , mediators or arbitrators will occasionally refer to the member present as my "client."

It's an easy mistake. To the uncritical observer the gross facts seem obvious:
  • There I sit, making representations on behalf of the person next to me;
  • clearly it's my job; and
  • also clearly, my authority derives (at least in part) from the consent of that person.
That member, nevertheless, is not my client. I work for the Union. At any meeting, I'm there because the Union has assigned me to afford assistance to that member.

Because I owe my primary duty to the Union and member interests generally, the practical distinctions are real and substantial. For example:
  • I won't, therefore, make applications or representations that would undermine the Union's policies.
  • I won't assist in establishing precedents that may adversely affect the Union's ability to represent other members in the future.
  • In most matters I'm agnostic regarding the facts. Because I wasn't a witness to the precipitating circumstances, I can only assist a member in presenting that member's own rendition of the facts.
  • I won't engage in sharp practice.
These issues can come into sharp relief when a member believes that his or her "interests" and the Union's interests diverge. Happily, that's rare.
Beep, beep.
—Road Runner (created by Chuck Jones 1948)