The national grievance filed by the Canadian Union of Postal Workers against Canada Post’s mandatory vaccination policy, under the penalty of placing on unpaid leave, has been dismissed.
The arbitrator was therefore found in favor of the Canada Post. He believes that Canada Post’s mandatory vaccination policy is reasonable in view of the employer’s rights and responsibilities and that it also complies with the obligations that are on the employer under the Canada Labor Code.
Under this vaccination policy, effective November 26, 2021, any employee who is not fully vaccinated, who is partially vaccinated and does not wish to be fully vaccinated, or is not taken from accommodation for several reasons will be put on leave without pay, the Canada Post explained at the time.
The company also specified whatever adaptation request will be rejected if it is based on a personal preference rather than one of the prohibited grounds of discrimination set forth in the Canadian Human Rights Act.
The Canadian Union of Postal Workers (CUPW) filed its grievance on November 15, 2021, challenging this policy.
Hearings were held in December 2021, then in January, February, March and April 2022.
Ultimately, the arbitrator ruled that Canada Post’s vaccination policy was mandatory has been and continues to be a reasonable exercise of its management rights and its responsibilities under the collective agreement and in relation to its obligations under the Canada Labor Code.
The arbitrator did not consider that the arrival of the Omicron variant was to cause a change in policy.
ang CUPW disappointed with the referee’s decision. We would have liked a different result. We recognize that members will continue to face adversity as a result of this training and we will continue to advocate for them to the best of our ability under current circumstances.he said in a message to his members.
ang CUPWaffiliated with FTQ in Quebec, like now take the time to thoroughly analyze the decision before determining the next steps.
Source: Radio-Canada