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Unions and Collective Bargaining Agreements (CBAs)
Unions and their negotiated collective bargaining agreements (CBAs) add another layer of complexity to the relationship between WCB, employment law, and human rights. Most major CBAs—especially in the public sector—govern important aspects of the employment relationship such as job accommodations, disability pay, leave entitlements, and access to group benefits. These agreements often provide additional protections or terms for workers beyond what is provided by legislation.
- Job Accommodations : In unionized workplaces, CBAs often outline specific procedures and entitlements regarding job accommodations for injured or disabled workers. These provisions may go beyond what is required by human rights law, providing a clear process for adjusting work duties, hours, or environments to support workers’ return to work.
- Leave and Disability Pay : CBAs typically cover paid leave and disability pay entitlements, which can be more generous than the standard entitlements under employment law or WCB policies. Understanding the interaction between these entitlements and WCB benefits is crucial in unionized settings, as workers may be eligible for both forms of support.
- Entitlement to Group Benefits : Many CBAs offer access to group benefits such as health insurance, extended disability benefits, or pension contributions. In cases of workplace injury, navigating these benefits alongside WCB entitlements requires careful coordination.
The Role of Legal Counsel in Unionized Settings
In unionized workplaces, where the CBA, legislated entitlements, WCB regulations, human rights law, and common law all intersect, it is especially prudent to retain experienced legal counsel. Lawyers can help navigate the sometimes- competing provisions of a CBA and ensure that workers’ rights under employment law, WCB, and human rights legislation are fully protected. This is particularly important in situations involving:
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