The Saskatchewan Labor Relations Board is rejecting a complaint from an unvaccinated individual alleging that the Canadian Union of Public Employees Saskatchewan (CUPE Saskatchewan) failed to defend its unvaccinated members.
The mere fact that the person disagreed with CUPE’s findings does not constitute evidence of unfair treatment, according to the May 30 decision.
The commission decided it was reasonable for CUPE Saskatchewan not to challenge the Saskatchewan Health Authority’s immunization policy.
Last October, it adopted a policy requiring all health care workers to provide proof of full vaccination.
The complainant, who works for the Saskatchewan Public Health Association and is a member of CUPE, objected to the policy. He wants the union to fight this policy.
After obtaining legal advice and reviewing decisions made in other countries, CUPE decided not to challenge the policy.
Plaintiff argued that CUPE’s absence of opposition was evidence that it had failed in its duty to fairly represent unvaccinated members.
None of the allegations disclose facts that would result in finding arbitrary, discriminatory or misconduct.written by the Labor Relations Board, and added that no there is no reasonable chance of successfully demonstrating that CUPE violated articles 6-59 of the Act.
Email exchange as evidence
In its decision, the Commission wrote that the complainant’s two main complaints were that CUPE did not adequately answer its questions about the representation of unvaccinated members.
The union failed in its duty by allowing the employer’s vaccination and testing policy to proceed without bargaining or fighting, the complainant alleges.
The union shared the emails exchanged with the complainant with the Commission. He also indicated that he held some special meetings to discuss the policy, which the Complainant did not attend.
The Commission said the union has the right to weigh the chances of winning the arbitration when deciding whether to file a complaint or not.
There is certainly no apparent error in the Canadian Union of Public Employees ’decision not to file a complaint. On the contrary, it is a perfectly reasonable course of action.
In files from Candice Lipski
Radio Canada
Source: Radio-Canada
