Access, equity, and selection criteria for training

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Contractual provisions in this area are designed to ensure that all employees have fair and equitable access to training opportunities, along with clear selection processes and supportive conditions during training. These protections are especially important during times of job change or technological transition, when access to skill development can directly impact workers’ ability to remain in or advance within the workplace.

Provisions are grouped into the following categories:

• Equity and accommodation in training access: Language promoting inclusion, non-discrimination, and support for workers with disabilities or other accommodation needs.
• Selection criteria and eligibility for training: Rules governing how workers are selected for training opportunities, including criteria based on seniority, job classification, or length of service.
• Protections during the training period: Safeguards that prevent disciplinary action while workers are participating in training or adjusting to new job duties.

Equity and accommodation in training access

These provisions emphasize inclusive training practices, with a focus on eliminating barriers and ensuring that all employees—particularly those with specific needs or from underrepresented groups—can participate fully in training opportunities.

Examples: 

• “Selection and approval for training will be accomplished in a fair and equitable manner and in accordance with the principles, policies and provisions of this Agreement which provide for non-discrimination. Employees who were denied training based on budget constraints and/or work priorities shall be afforded first consideration for subsequent offerings. The Employer agrees to provide accommodation for Employees with special requirements, such as sign language interpreter(s) from a qualified source, accessibility for wheelchair users, appropriate lighting, etc.” (NFFE-OPM119)
• “The Employer shall set up training and development programs for all employees, with emphasis on women, minority groups and military veterans, to provide equal opportunity for transfer or advancement to all employees, such programs to be on-the-job training, supplemented where indicated by formal classes.” (TNG-CWA-PCBA34)
• “The company and unions agree to work together to ensure that all employees are given adequate time and support to train on higher-classification positions.” (USW-IBEW-OLMS4)
• “Should the Department offer Educational Programs for RNs via computer or other technology for which an RN requires assistance, the Department shall provide such assistance.” (NNU-OPM37)
• “The one-year training will be incremental, supportive, pragmatic and ongoing, recognizing that new skills may be acquired by team members at different speeds dependent on prior knowledge and experience. Team members will always have the ability to have direct contact with a named mentor (who may be a manager, or a named colleague identified by the support manager) to support their learning.… The Employer will also provide clear and prompt feedback regarding the employee’s progress in acquiring needed skills.… Peers will be assigned by the managers to provide hands-on training and assist with questions when dealing with an issue.” (TNG-CWA-PCBA36)

Selection criteria and eligibility for training

These provisions establish clear rules for determining who is eligible for training and how participants are selected. Common approaches include seniority-based access, minimum service requirements, and procedures to ensure transparency and fairness.

Examples:

• “Whenever formal training is required for employees to qualify on new equipment or technology, the Company shall to the fullest extent possible, offer the training by seniority on each shift and or bid area as practical.” (IAMAW-PCBA50)
• “Training opportunities shall be offered in accordance with house seniority among those in the affected classification. The Employer shall allow up to two (2) Union representatives to be present to observe the training but to not participate in it.” (LJEBLV-UNITEHERE-OLMS13)
• “Any regular employee with at least one (1) year of net credited service will be eligible to participate in such training program under the terms of such program.” (CWA-PCBA44) 

Protections during training period

These provisions shield employees from disciplinary action while they are adapting to new roles or learning new skills, recognizing that performance during training may not immediately meet standard expectations.

Examples:

• “For a period of six months, disciplinary procedures will not be used against employees who are perceived to be underperforming as a direct result of major [technological and organizational restructuring] changes or a significant change that affects his/her job duties, such as the integration of new job duties.” (TNG-CWA-PCBA34)
• “No discipline shall be assessed for the employee’s training progress as a [job classification] during the one-year training period.” (TNG-CWA-PCBA36)

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