In the event that the collective agreement between the company and the union is deemed to discriminate against an employee on a prohibited ground, what is the obligation of the union and management?
A) the union has no duty to accommodate and the company has the full liability for not accommodating the employee outside the union.
B) both the company and the union have a duty to accommodate and the provisions of the collective agreement must be waived.
C) the union has the duty to accommodate and change the collective agreement
D) no resolve can be made until the next collective agreement is bargained, when the agreement can be changed to comply with human rights legislation.
E) the agreement must stand as it was bargained in good faith

Question

Quizplus · Accepted Answer

Both the company and the union have a duty to accommodate the employee up to the point of undue hardship. This means that if a collective agreement discriminates against an employee on a prohibited ground, both parties are required to take steps to accommodate the employee, even if it means waiving certain provisions of the collective agreement. This is in line with human rights legislation, which aims to prevent discrimination and ensure equal treatment in the workplace.

In the Event That the Collective Agreement Between the Company