An Ontario arbitrator recently upheld a retirement home’s mandatory vaccination policy as a reasonable workplace rule consistent with the collective agreement, the Occupational Health and Safety Act and the Retirement Homes Act, 2010.
An arbitrator has upheld the Toronto District School Board’s mandatory COVID-19 vaccination policy, determining determined that the policy did not infringe section 7 of the Charter of Rights and Freedoms and was a reasonable exercise of management rights.
An arbitrator has made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19 vaccination policies in unionized workplaces.
In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414, Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians who were suspended indefinitely due to COVID-19.
In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy.
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This week brings a significant change for employment arbitration, as both houses of Congress approved a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445), which now heads to the White House.
In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), the arbitrator denied CUPW’s cease and desist application filed under the collective agreement, which arose when the employer imposed a mandatory vaccination policy.
In Teamster’s Local Union 847 v. Maple Leaf Sports and Entertainment, the arbitrtor denied a union’s grievance over an employer’s policy that required its employees to be fully vaccinated against COVID-19 and to disclose their vaccine status.
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination policy.