UNDERSTANDING ACCOMMODATION AND SENIORITY: FINDING THE BALANCE

It was a pleasure attending the 31st Annual Saskatchewan Labour Law Review in Saskatoon in late October. Lawyers on both the Union and Employer side discussed outcomes of a wide range of cases over the past year and the impact these have on unionized workplaces. A topic of specific interest over the two days was an update on accommodation.

The Company has a legal duty to accommodate workers who need support under protected human rights grounds, such as disability or medical conditions, religion, pregnancy, or family status, etc. The goal of accommodation is not to give special treatment, but to remove barriers and create equal opportunities for all employees.

For Local 594 members, seniority rights are foundational. They protect us from favouritism, reward experience, support fairness, provide job security, and keep our workplace rules predictable. Seniority is one of the strongest tools we have in

our collective agreement.

But sometimes seniority rights and the need for accommodation collide. What happens then?

There has always been a careful balance between the duty to accommodate and the protection of seniority rights. However, recent arbitration trends show that there are now very few, if any, situations where seniority rights will automatically take precedence over the duty to accommodate.

First and foremost, if an employee requires permanent accommodation and the Company wants to place them in a vacant position, a move that could impact the seniority of others, the employer must involve the Union and obtain our consent.

This was reinforced in the York Police Association decision.

In United Steelworkers Local 1-306 v. Agropur, it was further confirmed that the Union is not required to agree to an accommodation that affects seniority IF other reasonable options are available. The employer cannot insist on breaking the collective agreement when viable alternatives exist.

As part of the accommodation process, both the Union and the Company must consider all potential options, including:

- re-bundling regular duties - assigning new duties or creating a new position - modified schedules - remote work arrangements

It is understood that the employer can reasonably be expected to experience some hardship in the process.

Only after all alternatives have been fully explored, and the only viable option left is placement into the vacant position, should the Union assess:

1. whether the accommodation will interfere with other employees’ rights,

2. the nature and extent of the impact, and

3. ways to lessen that impact.

At that stage, an arbitrator is likely to find the accommodation reasonable—even if it results in a bump in seniority.

Importantly, arbitrators have noted that although different in each scenario, such a bump in seniority results in a loss of opportunity, not a loss of wages or benefits, which does not equal undue hardship. However, denying an accommodated worker placement when it’s the only option could effectively force them out of employment, something that would violate human rights law and amount to undue hardship.

Employees need to understand that while the Company must accommodate protected grounds and take into consideration an employee’s preferred accommodation, they are not required to provide the perfect accommodation, only a reasonable one. That could mean modified duties, adjusted hours, different responsibilities, and, in some cases, a lower-paying position.

If the accommodation fits within the worker’s medical restrictions, it is considered valid. A seniority bump into a vacant job remains a last resort.

Accommodation law is highly case-specific. Every situation is different, and medical evidence is critical. For the process to work fairly, both the employee and the employer must actively and meaningfully participate in finding a solution. The employee must attend medical appointments, provide supporting and relevant documentation, and be honest and transparent.

It’s important to share your condition fully & early. Failing to disclose a disability or withholding information about an addiction until after a duty to accommodate arises can jeopardize your ability to receive accommodation. Your honesty matters.

In fact, in a 2025 decision, Arbitrator Shapiro stated that while employers must try to accommodate, they are not required to indefinitely tolerate dishonesty from an employee. He held that:

“Accommodating to the point of undue hardship does not require employers to indefinitely accommodate a pattern of lies and deceit on the part of an employee.”

Accommodation continues to evolve, and recent decisions make it clear that employers, unions, and employees must approach the process thoughtfully and in good faith. While seniority remains a core protection for Local 594 members, it cannot automatically outweigh the duty to accommodate, especially when all other reasonable options have been exhausted. With honest participation from employees, careful assessment from the Union, and meaningful effort from the employer, accommodation can be achieved without undermining the rights of others. Our commitment remains the same: to protect seniority, uphold fairness, and ensure every member has equitable access to safe and meaningful work.



Mitch Bloos & Ashlyn Heintz, Accommodation Committee

Joe Ranalli & Andrew Murray, Law Committee

COMMUNICATIONS COMMITTEE 2025 YEAR IN REVIEW

2025 was a year of growth, creativity, and connection for the Unifor Local 594 Communications Committee.

Our main highlight of 2025 was the creation of a short commercial that captured who we are as Unifor 594. It highlights the many roles we play in the workplace and our connections to this local community. This project was an opportunity for us to display who we are and connect with the public beyond the workplace. The messaging carried through all our outreach efforts this year.

Alongside the commercial production, we also made edits to the Unifor Local 594 sponsorship imaging and tagline "Safety is our Business". The updated logo now proudly incorporates the Co-op Ethanol Complex, which joined our Local as a composite union. This update reflects who we are today, stronger together and inclusive of all our members. We have advertised with Captive Media once again throughout Regina and at Rosie's Bar in Moose Jaw, where we have secured a roof tile (go check it out!). You have likely seen our billboards during the turnaround and holiday seasons and heard a few radio ads throughout the year.

Unifor 594 was proud to sponsor community facilities and events in Regina and the surrounding areas. As we supported operations at many facilities, you may have seen our logo at Emerald Park Communiskate, Lumsden Sportscentre, Regina Performing Arts Centre, St Angela School, and the Regina Red Sox baseball stadium. We have secured sponsorships from Theatre Saskatchewan for TheatreFest this spring and from the Regina Cougars ringette team.

Community engagement will always be a key focus. Our largest community sponsor in 2025, for a second year, was the Regina Red Sox baseball team. This sponsorship included a special night out at a Red Sox game for members and their families; good times were had by all on a beautiful summer evening. We also hosted a family movie day, creating another opportunity for members to connect outside of work. Our booth at the Regina & District Labour Council Labour Day Picnic was very busy, allowing us to engage with members, families, and the broader community.

As we look back on 2025, we’re proud of the creativity, collaboration, and visibility achieved this year. We’re looking forward to carrying this momentum forward and building even more connections and action in 2026.

In Solidarity,

Unifor Local 594 Communications Committee

BUILDING SKILL AT THE BARGAINING TABLE

From December 7–12, I had the opportunity to attend the Collective Bargaining Course at the Port Elgin Education Centre through our Paid Education Leave program. As a new member of our Bargaining Committee, the course was highly

informative and provided valuable insight into what to expect at the bargaining table.

The week was packed with learning. We reviewed collective bargaining agreements, explored what bargaining tables can look like across different industries, and worked through group projects. It was information overload at times—but in the best way. All of this preparation led to a final-day highlight: a mock bargaining session with “the company.” The result? Our class successfully reached an agreement that satisfied both parties.

One key lesson that was repeatedly emphasized was: “If you aren’t talking, you’re writing.” Effective note-taking is critical during bargaining (and really, any meeting). While our Bargaining Committee will have a designated note-taker, this course reinforced the importance of keeping my own detailed notes as well.

Overall, the course was well worth the time. If you have the opportunity to attend any of the courses offered at the Port Elgin Education Centre, I highly encourage you to take advantage of it.



Yours in Solidarity, Ellen Foley – Administration VP

• Congratulations to Brenden Heck (Pumps) and Krystel, who welcomed their son Huxton to their family on November 29th, 2025.

Congratulations

To the following 594 members on their recent retirement:

Darren Hanley - PDD Loading (January 1, 2026)

Brent Henry- Boilerhouse (January 1, 2026)

John Henry- Boilerhouse (January 1, 2026)

Scott Hill- PDD Warehouse (January 1, 2026)

Trevor Kraft- PDD Warehouse (January 1, 2026)