Arbitrator dismisses grievance from North Bay workers' union on COVID-19 policy

While COVID-19 pandemic is no longer considered a public health emergency, fallout from workplace vaccination policies continues through the court process, with a recent ruling involving a northeastern Ontario city.

While COVID-19 pandemic is no longer considered a public health emergency, fallout from workplace vaccination policies continues through the court process, with a recent ruling involving a northeastern Ontario city.

Last week, an arbitrator ruled against CUPE Local 122-1 on a grievance made against the City of North Bay.

The union representing municipal workers in North Bay took the city to arbitration over its mandatory vaccination policy, which led to the dismissal of 10 city workers in 2021 who did not get the vaccine, the arbitration award said.

Lawyers for CUPE made several arguments, but a central one was that, rather than dismiss employees, the city should have given them more options, such as taking an extended leave of absence.

“The union’s essential arguments are that the city implemented a drastic disciplinary measure, arising from a temporary policy, when less intrusive alternatives were open to it, and that it implemented that discipline too quickly,” said the decision from Ontario Labour Relations Board.

“The union argues that the city ought to have extended longer or indefinite leaves of absence for those who were non-compliant with the policy.”

However, a labour board decision earlier this year involving the Central West LHIN in southern Ontario found that mandatory vaccination was a reasonable policy during the pandemic.