Labour Relations for Disability Managers

1
Labour Relations for Disability Managers

• Schedule 2 Employers Group
• 20th Annual Conference
• 30 September 2009

2
The Collective Agreement

• The contract between the Employer and all
  employees within the bargaining unit.

• The union as bargaining agent has the authority
  to negotiate the terms of the agreement.
• The union has the authority to enforce the
  contract for employees through dispute resolution
  processes.

3
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management.

• Management rights
• Seniority
• Job Classification
• Job bundling
• Layoff and recall
• Special rights of the disabled employee
• Wages and Compensation
• Red-circling wages

4
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management.

• Sick banks
• Disability benefits
• Employer insured benefits
• Third party insurers
• Wage top-ups
• Income tax considerations

5
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management.

• Return to work
• Meetings
• Return to work plans
• Involvement of the union
• Non-union representatives
• Medical reports and third party medical exams

6
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management.

• Modified duties and job accommodation
• Attendance or absenteeism management

7
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management.

• Human rights
• Complaint processes
• Investigations
• Harassment
• Duty to accommodate

8
The Collective Agreement

• Key provisions of the Collective Agreement
  related to disability management

• Dispute resolution processes
• Grievances
• Arbitration
• Mediation
• Third party medical arbitration

9
The Collective Agreement

• Dispute Resolution

• Resolution of grievances
• Settlement
• Separation agreements
• Overlapping liabilities
• WSIB claims
• Disability benefits
• Human rights

10
Negotiations

• Disability management issues during negotiation

• The usual Priority of disability management
  issues
• Building a business case
• Costs of absenteeism
• Costs of disability claims
• Payroll and administrative issues

11
Work Stoppages

• Strikes and Lockouts

• Impact of work stoppages on disability plans and
  benefits
• WSIB policies

12
Dealing with the Unions

• Political issues

• Public sector sensitivities
• Emergency services associations
• Essential services
• Involvement of elected officials

13
Overlapping Processes

• Legislation

• Workplace Safety and Insurance Act
• Re-Employment
• Benefit continuation
• Loss of earnings
• Labour market re-entry
• Appeals processes

14
Overlapping Jurisdiction

• Legislation

• Human Rights Code/Canadian Human Rights Act
• Employment Standards Act/Canada Labour Code

15
Case law update