Question 2
You asked: Is a member required by law or the CBA to sign a Last Chance Agreement?
Let’s get into it.
Absolutely not. The alternative, however, is instant termination and the Union must decide to proceed to arbitration or abandon the grievance.
If the Union abandons the grievance then the grievor is terminated and he/she has two options in Unifor 111 (only 1 option in any other Union).
[1]Appeal to the membership of the Union at a General Membership Meeting that has a quorum (25 people). If his/her motion that the Union must take the grievance to arbitration succeeds, then the Union is compelled by Local 111 Bylaws to do so.
[2] The grievor can apply to the BC Labour Relations Board alleging a violation of Section 12 of the BC Labour Code. To prevail at the Labour Board he/she will have to provide evidence and argument that the Union acted in a manner that was “arbitrary, discriminatory or in bad faith”. VERY few Section 12 applications are successful.
It is a great question and I would like to elaborate on 2 issues that arise.
The first is to give a much more comprehensive understanding of what a Last Chance Agreement is and how it usually comes about. But let me elaborate on the second point first.
BC Labour Relation Board Decisions
The second point is to emphasize what a great resource BC Labour Board “published decisions” can be. Every week the BCLRB publishes ALL of the decisions that were rendered in the previous week. They are FREE to the public and reading the decisions will quickly increase your knowledge of how the labour code is applied and what relief is available through the various sections.
Here is an example of last week’s publications from the Board:
Hello,
The Board issued the following decisions for the week ending on Friday May 22, 2026:
2026 BCLRB 133, Farren Wilson -and- B.C. General Employees' Union -and- The Government of the Province of British Columbia (Ministry of Transportation and Infrastructure)
2026 BCLRB 134, Universal Show Services Ltd. -and- International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada, Local No. 118
2026 BCLRB 135, Certain Employees -and- Nixon Bros. Truck Repair Ltd. -and- International Union of Operating Engineers, Local No. 115
2026 BCLRB 136, Construction Labour Relations Association of British Columbia -and- International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local No. 97
2026 BCLRB 137, Nova Drywall Ltd., Alpha Drywall Limited Partnership, Alpha Sky Development & Construction Ltd., and Fine Drywall (Interiors) Ltd. (Leave for Reconsideration of 2025 BCLRB 37)
2026 BCLRB 138, Beatrice Obetoh -and- B.C. General Employees' Union -and- Fraserside Community Services Society
2026 BCLRB 139, Certain Employees of Sub Zero Liquor Store #5 Inc. (Berezan LRS-Sullivan) -and- Sub Zero Liquor Store #5 Inc. (Berezan LRS-Sullivan) -and- Service Employees’ International Union Local 2, Brewery, General & Professional Workers’ Union
2026 BCLRB 140, Nuest Services Ltd. -and- Service Employees' International Union Local 2, Brewery, General & Professional Workers' Union (Leave for Reconsideration of 2026 BCLRB 82)
2026 BCLRB 141, Andre Seixas Neves Torrico -and- B.C. Ferry and Marine Workers’ Union -and- British Columbia Ferry Services Inc.
2026 BCLRB 142, Crystal Douglas -and- UNITE HERE, Local 40 -and- Sodexo Canada Ltd.
2026 BCLRB 143, Kian Charles Gray -and- B.C. General Employees' Union -and- The Government of the Province of British Columbia (Leave for Reconsideration of 2026 BCLRB 97)
2026 BCLRB 144, Emily Chan -and- Fraser Health Authority -and- Health Sciences Association of British Columbia (Claims Review Committee Decision)
2026 BCLRB 145, Nicholas Glass -and- Triumph Traffic Techs Inc.
As you can see, there were 13 decisions issued and they range across the entire Code, including a Section 12 application. Reading these decisions gives a deep understanding of how cases are processed, what jurisprudence is relied upon and gives insight into how to approach presenting your own issues in a para-legal setting (quasi-judicial) setting. ALL tribunals and applications to them (WorkSafe, Human Rights, etc) are considered quasi-judicial. Knowing the rules for one prepares you for knowing the rules for all. Handy knowledge to pick up.
Here is the link to the Home page of the BC Labour Relations Board. Great topics to be explored there.
Last Chance Agreements – Where do they come from and how do they work?
The most common use of an LCA involves substance abuse. Initial discipline involving substance abuse invariably leads to the Company or the Medical Plan paying for “detox” and/or “rehab”. Upon successful completion of the program the employee is in a position of intense scrutiny, often involving random urine or blood samples.
A “LCA” is written and agreed to between the Company and the Union and, importantly, “voluntarily” by the employee. It is a balancing act between the interest of the 3 parties. The Company wants assurance that the problem of a substance abusing employee is definitely resolved and they again have a “clean, productive” employee. The Union has done what it had to do to preserve the employee’s job but also understands that the Company did not necessarily have to go the rehab route and winning a substance abusing employee’s job back through grievance arbitration is the ultimate challenge in grievance handling. The employee gains by having an opportunity to “start at square one” and retain his/her job. However, there will always be a “Recidivism Clause”. What will happen if the employee “falls off the wagon”. In almost every case, the employee will be terminated again and although I have seen more than 1 LCA in my career, they are very rare.
Of course, there can be last chance agreements not related to substance abuse but based on egregious conduct or an exhaustive disciplinary record.
The concept arises when the Union is completely satisfied that they CANNOT prevail at arbitration and the only real option is to request compassion from the employer….in the form of a LCA.
Thank you for an excellent question.