Working With Unions on Return-to-Work: 8 Steps for Gaining Support and Avoiding Conflict

Return-to-work (RTW) programs are one of the most effective strategies for reducing workers’ compensation costs and improving recovery outcomes. But for unionized employers, implementing or updating a RTW program can be challenging—especially if the union leadership views it as a threat to their members’ rights or job security.

The good news? Unions and management can absolutely align on RTW goals when communication, trust, and mutual interests are prioritized. In fact, with the right approach, unions can become powerful allies in ensuring injured workers return to safe, meaningful work as quickly as possible.

Here are 8 essential steps to build union support for your RTW program and avoid unnecessary conflict along the way.

1. Assess the Trust Level Between Management and Union Leadership

Before launching or modifying a return-to-work initiative, take an honest look at the current labor-management relationship.

Ask:

• Is the relationship cooperative or adversarial?

• Was the last collective bargaining agreement negotiated in good faith?

• What kind of communication or propaganda has circulated between both sides?

If the foundation is rocky, don’t ignore it—address it. Even the best-designed RTW programs will falter without mutual trust. Start by acknowledging past issues and expressing a shared commitment to improving worker outcomes and organizational health.

2. Review the Collective Bargaining Agreement (CBA) Carefully

Many conflicts arise simply because the RTW program wasn’t aligned with the language in the union contract.

Key CBA areas to review:

• Seniority and job transfer clauses

• “Minimum manning” provisions

• Temporary job reassignment limits

• Work outside of classification prohibitions

If your RTW program conflicts with any of these clauses, work with your legal team to explore alternatives—or begin early negotiations to revise restrictive terms in the next bargaining cycle.

3. Understand Management Rights and Use Them Wisely

Most CBAs include a “management rights” clause outlining the employer’s authority to make certain operational decisions. These may include:

• Determining job duties

• Transferring employees

• Scheduling

• Establishing reasonable work rules

You can often implement RTW programs under this clause, especially when they are temporary and safety-focused. However, just because you can doesn’t mean you should skip collaboration. Involving the union early builds buy-in and reduces grievances.

4. Analyze Past Practices and Prepare to Defend Changes

Unions may argue that past employer behavior—such as not offering modified duty—sets a precedent. This “past practice” argument can derail new RTW efforts if not handled carefully.

To defend changes:

• Clarify that your new program is a proactive improvement, not a unilateral change in working conditions

• Emphasize how it protects employees, preserves jobs, and keeps costs down for everyone—including the union’s welfare funds

• Document any previous efforts at transitional duty, even if informal

5. Gain Support from Senior Management First

If your leadership team isn’t fully invested in RTW as a priority, union resistance will only grow. Senior managers must be prepared to:

• Allocate resources for transitional duty planning

• Communicate consistently and positively about the program

• Stand firm during grievances or challenges (while remaining collaborative)

When unions see leadership’s commitment, they’re more likely to take the program seriously and engage constructively.

6. Communicate the Value of RTW to the Union

Meet with union reps or the business agent early and often. Don’t make your pitch from a management-only perspective—focus on what’s in it for their members.

Key union-aligned benefits to emphasize:

• Faster recovery and better medical outcomes

• Less time off work (protecting job security and seniority)

• Reduced disability or permanency ratings

• Lower stress, faster return to normal routine

• Preservation of union health and welfare funds from overuse

Where possible, involve union reps in job identification, training, or transitional duty design.

7. Eliminate Hidden Disincentives That Undermine RTW

In many unionized workplaces, injured workers actually earn more by staying out of work—thanks to supplemental benefits, full wage continuation, or union-funded welfare programs.

These well-intended benefits can unintentionally work against your RTW goals.

Audit your policies for:

• Wage continuation programs that exceed pre-injury earnings (especially since workers’ comp is tax-free)

• Accrual of vacation/sick time during time off

• Seniority rules that reward time away from work

• Other “perk continuations” like gym memberships or car allowances

Work with union leadership to address these disincentives. Consider structured buyouts of unused sick time or revisions to benefit offsets.

8. Monitor Claims and Protect Against Abuse

A successful RTW program doesn’t end at policy launch. Ongoing claim monitoring helps identify patterns of abuse, prevent fraud, and maintain credibility with both the union and your insurance carrier.

Best practices include:

• Immediate claim investigation

• Asking for “withdrawal cards” when a lump sum settlement is requested

• Requiring signed waivers upon settlement

• Participating in all hearings

• Protecting the employer’s ADA obligations

Show the union you’re holding everyone—including yourself—accountable.

Final Thoughts: A Shared Mission, Not a Battle

At their core, both employers and unions want the same thing: for workers to be healthy, safe, and financially stable. Return-to-work programs aren’t about cutting corners—they’re about giving injured workers purpose, routine, and support during recovery.

By following these eight steps, you can transform your RTW program from a source of friction into a shared mission—and create better outcomes for everyone.

Michael Stack, CEO of Amaxx LLC, is an expert in workers’ compensation cost containment systems and provides education, training, and consulting to help employers reduce their workers’ compensation costs by 20% to 50%. He is co-author of the #1 selling comprehensive training guide “Your Ultimate Guide to Mastering Workers’ Comp Costs: Reduce Costs 20% to 50%.” Stack is the creator of Injury Management Results (IMR) software and founder of Amaxx Workers’ Comp Training Center. WC Mastery Training teaching injury management best practices such as return to work, communication, claims best practices, medical management, and working with vendors. IMR software simplifies the implementation of these best practices for employers and ties results to a Critical Metrics Dashboard.

Contact: mstack@reduceyourworkerscomp.com.

Workers’ Comp Roundup Blog: http://blog.reduceyourworkerscomp.com/

Injury Management Results (IMR) Software: https://imrsoftware.com/

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