Developing Return-to-Work Programs in Unionized Companies

If you are an employer seeking to implement a RTW program, check out the following link to a 2009 article found in the July 2009 issue of Risk Management  entitled:  Developing Return-to-Work Programs in Unionized Companies.

The link to the above article provides insight for employers who strive to implement RTW programs, however have concerns about labor contract requirements.

The author, Rebecca A. Shafer,  provides 7 considerations for implementing a RTW program in a unionized company:

1.  Check for Management Rights - Know what your company's rights are in your collective bargaining agreement regarding your ability to promote, layoff, or transfer employees due to lack of work.

2.  Review Contractual Provisions - Certain provisions in your contract may also impair the ability for your to utilize a RTW program.  Consider these as negotiation points in future collective bargaining agreements.

3.  Analyze Past Practices -  Start by reviewing prior arbitration awards and determine what your capabilities are in implementing RTW programs based on these. Make sure that the past practice was developed based on a clear understanding of the orgininal issue(s) and not something that was misinterpreted.

4.  Gain Senior Support - Regardless of being unionized or not, an employer needs the senior management team's support.  When senior management shows their support, this sends a clear message to the unions that this is a serious and supported issue that may not be worth the time and effort for the Union to take it to the National Labor Relations Board (NLRB).

5.  Communicate with the Union - Demonstrate the benefits if RTW programs to your union representative.  Do WC impact the Injured Worker's requirement to pay union dues?  Does it impact the union's health funds?  Ultimately, RTW is best for employees and for unions.  Consider how RTW programs will benefit the Union and use these as selling points.

6.  Eliminate Loopholes and Disincentives - Are there practices that currently permit union employees to receive more than their pre-injury pay (stacking of benefits)? Consider any potential disincentives and work to change these policies as soon as possible.

7.  Monitor Claims Closely - Keeping an eye on your claims is similar to increasing management's interest in RTW programs.  This may even reduce any potential for illegitimate claims.  A thorough accident investigation and aggressive claims handling are good practices for all employers. 

Whether you are a unionized employer or not, many of these tips are still applicable to your organization.  Get commitment from the top, make sure no policies are working against your RTW efforts, communicate and monitor your claims.  Analyzing prior claims outcomes is also a good way to monitor how other employees rationalize what will happen to them if they have a WC claim.  Lastly, being compliant with all state and federal labor regulations is imperative, no matter if your company is unionized or not!