Twu Telus Collective Agreement

December 19, 2020 – 11:06 am

After a year of collective bargaining, the TWU, ETC National Local 1944, reached an interim agreement with Telus in early October. The local bargaining committee held membership meetings across Canada in October and early this month to discuss the interim collective agreement and vote on the interim settlement. Ballot papers were counted on November 23 and 68% of the votes voted in favour of approval. 17 Because of the individualized nature of the host obligation and the diversity of circumstances that may arise, rigid rules should be avoided. If a company can offer a variable work plan to the worker without unreasonable difficulties or carry out its duties – or even authorize staff transfers – to ensure that the worker is doing his job, he must do so to house the worker. For example, at McGill University Health Centre (Montreal General Hospital) v. Montreal General Hospital Employers` Union, [2007] 1 P.C.R. 161, 2007 CSC 4, the employer had authorized absences that were not included in the collective agreement. Similarly, in the case of the Law Society, Hydro-Québec tried for several years to adapt the complainant`s working conditions: changes to her employment, part-time work, assignment to a new position, etc. However, if, in a case of chronic absence, the employer demonstrates that, despite the worker`s accommodation measures [page 571], the worker will not be able to return to work in a reasonably foreseeable future, the employer will have met its burden of proof and found undue hardship. An interim agreement was reached on 10 October 2005.

On 30 October 2005, union members voted against ratification and 50.3% of voting members voted against the treaty. A second interim agreement was reached by a postal vote and, on 18 November 2005, the treaty was ratified with 64.1% approval, ending the dispute. BP refused to conclude the prognostication letter on the advice of the local union president. I don`t think that`s good advice. The prognosis letter was a request for medical information directly related to the issue of accommodation. Until then, Telus had relied primarily on FAPs for BBs` medical information and advice on diagnosis, functional limitations and fitness to work, including modifications or accommodation. In Telus (Dugay), the employer trusted the FAPs without proper consideration of the information. I don`t think that`s the case here.

Telus first provided temporary accommodation, although micro-breaks, requested by BP and its doctor. It is clear that their presence has not improved. Telus, after BP`s return from its long medical leave, has set up permanent housing that has been put in place in agreement with Laviolette, Health Services, Sun Life and, importantly, BP and its physician. They signed the way back to work. They acknowledged that they agreed with the plan. Nevertheless, BP`s participation remained a serious problem. The employer then made reasonable efforts to obtain more information. Before laying off BP, Laviolette had not checked whether it could pass in another classification. According to her, BP could do the work of its own work.

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