Should unions support accommodation measures even if they conflict with a collective agreement?

Should unions support accommodation measures even if they conflict with a collective agreement?

• A. Yes, in all cases
• B. Yes, unless it would create undue hardship
• C. No, never
• D. Only if the employer approves

Answer: (B)

The key idea is the duty to accommodate protected rights under human rights law and how that interacts with a collective agreement. Unions should actively support reasonable accommodations for members with protected needs, even when that requires adjustments to how the terms of the collective agreement operate for an individual employee. This support continues up to the point where accommodating the request would cause undue hardship for the employer—meaning significant cost, safety risks, or substantial disruption to operations, or a fundamental alteration of the agreement’s essential terms. In practice, the union should engage with management to implement the accommodation and, if needed, use the bargaining or grievance process to adjust the agreement accordingly. If accommodating would amount to undue hardship, then the union isn’t required to proceed.

The key idea is the duty to accommodate protected rights under human rights law and how that interacts with a collective agreement. Unions should actively support reasonable accommodations for members with protected needs, even when that requires adjustments to how the terms of the collective agreement operate for an individual employee. This support continues up to the point where accommodating the request would cause undue hardship for the employer—meaning significant cost, safety risks, or substantial disruption to operations, or a fundamental alteration of the agreement’s essential terms. In practice, the union should engage with management to implement the accommodation and, if needed, use the bargaining or grievance process to adjust the agreement accordingly. If accommodating would amount to undue hardship, then the union isn’t required to proceed.