Tagged: internal policies
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Hi there,
Quick question regarding including internal policies in a Collective Agreement. In union environments, is this standard practice, or do most organizations simply make mention of policies in the Management Rights article? Wondering how hard I should push for things like Zero Tolerance Drugs and Alcohol or Bullying and Harassment to be included in the CA, which will inevitably extend bargaining.
Thank you
That’s a great and very practical question, and you’re right to think strategically about this before bargaining.
General Practice
It’s not standard practice to embed detailed internal policies directly into a Collective Agreement (CA). Most unionized organizations reference policies more broadly under the Management Rights clause or through side letters/Memoranda of Understanding (MOUs). This approach preserves flexibility to update policies (especially when laws or best practices evolve) without reopening the CA.
Typically, the Management Rights article will include language such as:
“The Employer retains the right to establish and enforce reasonable rules and policies, provided they are not inconsistent with the terms of this Agreement.”
This makes the policies enforceable as long as they are reasonable, consistently applied, and communicated to employees — but they remain management’s prerogative to modify.
When Policies Are Incorporated
Occasionally, specific policies are included or appended to the CA when:
-They directly affect employee rights or working conditions (e.g., hours of work, overtime, or leave entitlements).
-The union wants formal input or protection from unilateral changes.
-The policy is contentious or tied to discipline (e.g., substance use, harassment, or workplace violence).However, doing so can significantly complicate bargaining, since any policy amendment later requires mutual agreement. That’s why most employers prefer to keep them out of the CA and instead commit to consulting with the union before making major policy changes.
Your Specific Examples
Zero Tolerance Drugs and Alcohol: Often referenced but not fully included. The employer may include a clause recognizing the policy and confirming it will be “maintained and enforced in accordance with applicable law” (especially since cannabis and impairment laws evolve).
Bullying and Harassment: Increasingly, this is covered by legislative requirements (e.g., under WorkSafeBC or provincial OHS regulations), so referencing compliance obligations rather than embedding your policy text usually suffices.
Recommendation
You can usually push for recognition language such as:
“The Employer shall maintain policies on Drugs and Alcohol, and on Bullying and Harassment, consistent with applicable legislation and in consultation with the Union.”
That keeps the CA lean while giving the union comfort that these important topics are acknowledged and binding in principle.
I hope this helps!
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