This decision makes it clear that unions, regardless of an explicit clause in the collective agreement, do not have the right to obtain from the employer all the employer`s wishes for accommodation covered by the collective agreement. The employer`s right to manage its affairs includes the right to deal directly with accommodation applications, unless accommodation requires accommodation to accommodate a negotiated duration of the collective agreement if union participation and cooperation are required to obtain appropriate action or if a worker requests union representation. Telus Communications Inc. /Telecommunications Workers` Union is an appeal of a B.C. Supreme Court order that overturned an arbitrator`s decision upholding the Union`s complaint that it has the right to obtain from the employer all applications from workers under the collective accommodation agreement to remedy a medical disability. The Union deplored the fact that Telus had notably violated the collective agreement between the parties by refusing to include the Union in the process of housing workers seeking medical disability. The Union had the right to inform, inform and question all requests for accommodation. There was no such provision in the collective agreement. Moreover, during the last round of collective bargaining, the Union had tried not to negotiate the inclusion in the collective agreement of a provision which would have expressly granted it that right.
During the judicial review, the BC Supreme Court overturned the sentence. Telus did not dispute that housing requiring accommodation to a negotiated duration of the collective agreement and the cases in which the worker applied to be represented by the Union were circumstances in which the Union was entitled to participate in the accommodation procedure. She argued that many requests for accommodation of workers, such as. B, requests for ergonomic chairs, lighting adaptations and adaptations in the workplace, without changes in the negotiated duration of the collective agreement or without effect on other workers, could be resolved and not require the union`s involvement.