13 Tips: Working Effectively With Unions - Workers’ Compensation: Designing & Implementing a Return-to-work Policy

Companies with unions face very different and unique challenges not faced by non-union companies. Consider these 15 Tips in designing and implementing an effective return-to-work program.

13 Tips for Employers with Unions

1. Determine what management rights you may already have to implement a return-to-work program.

2. Negotiate counterproductive clauses out of the collective bargaining agreement.

3. Consider buying out in negotiations particularly onerous clauses, such as minimum manning provisions, limitations on temporary transfer of employees and prohibition on work out of classification.

4. Obtain top management commitment to the program. Educate in-house counsel.

5. Communicate the program to the unions, employees and supervisors by sitting down and talking with them. Approach the most receptive unions first. Use them as a selling point before approaching more difficult unions.

6. Where possible, eliminate collateral source payments, such as long-term disability, short-term disability and use of vacation and sick time, effectively allowing employees to earn more when they don’t work than when they do.

7. Show the employees and unions how much workers’ compensation costs the company with sound factual information.

8. Use a comparison showing how much in sales it takes to pay for injuries.

9. Relate the costs to the financial stability of the company and to the impact on profit sharing plans.

10. Get signed waivers to avoid future claims, such as American with Disability (ADA) claims. Consider employer legal responsibilities under the ADA, and remind the union of their own obligations to support these legal requirements.

11. Request “withdrawal cards” before lump sum settlements are authorized.

12. Share savings with employees who participate in the company’s return-to-work program. Add this to bonuses, not to wages, so it does not become an ongoing obligation.

13. Have a company representative attend all hearings to describe the job requirements and offer details as needed.

For more information and tools, see WC Cost Reduction Tips. There are several free forms and tools on the site.

Robert Elliott, senior vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs by 20-50%. His clients have included airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and others. Contact him at: Robert_Elliott@reduceyourworkerscomp.com or 860-553-6604.

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