BCCA Issues Guidance On The Role Of Unions In The Employee Accommodation Request Process

Background

The Union brought a grievance alleging that the employer, Telus Communications Inc. had breached the relevant collective agreement, the Canada Labour Code, and the Canadian Human Rights Act by refusing to provide the Union with notice, information, and consultation in respect of all employee requests for accommodation to address a medical disability. Telus took the position that the Union was only entitled to such notice, information, and consultation where the accommodation required a change in the collective agreement or where the employee requested Union representation. Otherwise, Telus maintained, the Union did not enjoy the rights it asserted.

Arbitrator Sullivan upheld the grievance and concluded that the Union was entitled to notice, information, and consultation in respect of all employee requests for accommodation for a medical disability. He held that the exclusive bargaining authority of the Union, flowing from the certificate of bargaining