Coverage – Trade Unions
Effective date: February 25, 1998
Application: Trade Union Members
Policy subject: Employer coverage and registration
To establish guidelines for coverage of trade union members.
- A trade union is an industry subject to The Workers' Compensation Act, 2013 with its salaried employees regarded as workers.
- Members of the union who act as representatives of the trade union or the trade union movement at conventions, seminars, etc., or on public bodies or while attending meetings of public bodies, and are paid for these activities, are regarded as workers within the meaning of the Act.
- Members of the union appointed as delegates in the same activities as 2 above, for which they receive no pay, are not workers, but may be deemed to be by the Board upon application of a trade union pursuant to Section 2(1)(ii)(iv) of the Act.
- Where the delegate's usual employer is not a trade union but where the usual employer grants temporary leave of absence for union activities and continues usual salary, benefits, etc., pursuant to Section 2(4) the usual employer is considered to be the employer while the worker is temporarily engaged in union activity.
- For each delegate who is not a worker of the trade union or is a person who has not been granted leave with pay by the usual employer, a per delegate fee as determined by the Board from time to time, is to apply where the union makes application for coverage. The per delegate fee can only apply to one person, and must be paid in advance of any claim in the same manner as any employer levy.
- Coverage as delegate shall apply only to administrative functions of the union, and not activities normally thought of as being related to membership activity, such as attending membership meetings or picketing.
- Scope of Coverage - Except for salaried employees of the union or union organization when travelling to and from their residence to the place of their usual employment, individuals will be considered to be in the course of their employment from the time they leave their place of residence on official business until they return thereto, except for deviation for personal reasons, and activities related to daily living such as the taking of meals, occupancy of accommodation, etc.
- Injuries occurring while enroute to dine at an establishment in reasonable proximity to the temporary work site or temporary domicile of the individual, or due to fire, structural failure of the hotel or motel where an individual is housed will be regarded as compensable.
- Assessment Payable and Allocation of Injury Costs
- Assessment for the salaried employees of a trade union is to be calculated in the normal way, that is, upon the basis of payroll, and injury costs are to be charged to the trade union’s experience.
- Where the delegate’s usual employer is not a trade union, but where the usual employer grants temporary leave of absence for union activities and continues usual salary, benefits, etc., assessment will be expected from the usual employer, and any costs arising out of injury will be charged to the usual employer’s experience.
- For each delegate who is not a worker of the trade union or is a person who has not been granted leave with pay by their usual employer, a per delegate fee, as determined from time to time by the Board, is to apply where the union makes application for coverage. Costs occurring from any injury are to be a charge to the trade union’s experience.
- Earnings Loss Wage Base
- For salaried employees of a trade union the worker’s usual average weekly earnings as determined by Section 70.
- For delegates who are employees of a trade union or other employer who have been granted leave with pay for union activities, the worker’s average weekly earnings as defined by Section 70.
- While unusual, there may be situations where the delegate is unemployed. Such cases are to be referred to the Members of the Board for the establishment of an earnings loss base if, in fact, there is such a loss claimed.