Tag Archives: vaccination

Government lifts vaccination policy for federal workers

Today, the federal government announced it will lift the vaccination policy for all workers in federally regulated workplaces as of June 20, and allow workers who’ve been put on leave without pay because of their vaccination status to return to work without restrictions.

Treasury Board has also asked Crown corporations and agencies to suspend their vaccination requirements, and contractors accessing federal workplaces will no longer have vaccination requirements.

“There’s no doubt we continue to support vaccinations as an important tool to protect workers and our communities from COVID-19,” said PSAC National President Chris Aylward. “But as public health guidelines have been lifted across the country, we’ve been urging the government to review and update their vaccination policy for federal workers.”

Unfortunately, the federal government did not consult with PSAC before making its decision to lift its vaccination policy. Unions should always be consulted on policies that have a major impact on the terms and conditions of employment of our members to protect their health and safety and their rights in the workplace.

Policy grievances for workers on leave without pay 

In March, PSAC filed policy grievances on behalf of our members who continued to be on leave without pay (LWOP) because of their vaccination status. We argued that continuing this measure was unnecessarily punitive.

Earlier this year, PSAC also launched policy grievances arguing the government’s policy placing full-time remote workers on leave without pay constituted an abuse of management authority because they posed no threat to the health and safety of their workplaces.

“Now that the government has lifted its vaccination policy, we expect members who were unfairly impacted to be compensated,” said Aylward.

This article was first posted on the PSAC website.

PSAC files policy grievances against federal vaccination policy

PSAC continues to support vaccination as a critical public health measure to protect our workplaces and our communities. Yet as public health restrictions begin to lift across the country, it’s important to take a critical look at the federal government’s vaccination policy and how it is applied to PSAC members.

As the pandemic has evolved and the science has developed, we believe continuing to put unvaccinated employees on leave without pay is a harsh administrative measure that can be considered disciplinary and without just cause.

PSAC has filed policy grievances on behalf of all members in the federal public service – including Treasury Board, Canada Revenue Agency, the Canadian Food Inspection Agency and Parks Canada – who have been put on leave without pay because of their vaccination status.

As part of the remedy, we have requested compensation for members should they continue to be placed on leave without pay because of the government’s policy. PSAC’s grievances come as the government begins to review its vaccination policy six months after its implementation.

Throughout the pandemic, we have continued to support members who have had their human rights or workplace rights violated because of their vaccination status.

PSAC continues to consult with the federal government on its vaccination policy to ensure it reflects the latest public health guidelines while protecting the health and safety of our members and their rights in the workplace.

Policy grievance for remote workers remains active

Though all workers are included in this latest policy grievance, PSAC had previously submitted a different policy grievance covering only remote Treasury Board employees in December 2021, with a subsequent submission for remote CRA employees earlier this month.

PSAC argued at the time that the federal government’s mandatory vaccination policies to place remote workers on leave without pay constituted an abuse of management authority because remote workers, who had little to no prospect of returning to physical workplaces in the long term, posed no reasonable threat to the health and safety of their workplaces.

This article was first posted on the PSAC website.

Ongoing protests against bilateral vaccine mandate: Letter to CTA President Laskowski

Photo of CIU flag

CIU National President Mark Weber sent the following letter to Stephen Laskowski, President of the Canadian Trucking Alliance, on February 3, 2022.

Dear President Laskowski,

It is with great interest that I have been reading the recent statements issued by the Canadian Trucking Alliance in response to the ongoing protests against mandatory vaccination for truck drivers and other essential workers crossing the Canada-U.S. border.

Last August 6, when members of the Customs and Immigration Union undertook their work-to-rule strike action as part of contract negotiations, the overwhelming majority of truck drivers demonstrated patience and consideration towards Border Officers, speaking to the professionalism of your membership. In the last few weeks, the feedback from our members on the frontline has also been unequivocal: Since the implementation of the mandatory vaccination policy for cross-border travel in late January 2022, interactions between Border Officers and truck drivers entering Canada have continued to be positive.

As the CTA noted in its communications, most truck drivers are vaccinated and are complying with COVID-19 related regulations. With CBSA personnel and truck drivers interacting on a daily basis across Canada, I am greatly appreciative of the fact that our respective memberships have been doing their part to ensure the health and safety of everyone involved in maintaining the flow of commercial goods entering the country.

While the right to protest is an undeniable strength of our democracy, it is certainly unfortunate to see that some individuals have elected to voice their irritation with current regulations in a way that casts a shadow on the rest of the truck driving profession. I am certain that Canadians everywhere know that these actions are not representative of your members in general. Acts of intolerance cannot be condoned or ignored, and I am glad to see the CTA taking a strong position against such behaviour.

In closing, I wish to thank your members for working the front line throughout the pandemic, and offer my full support to you and your organization in these challenging times. In line with what you yourself have stated, only by working together toward a common goal can we hope to mitigate the effect of the ongoing pandemic. In that spirit,

Best regards,

Mark Weber
National President
Customs and Immigration Union

Click here for the PDF version.

Mandatory vaccination policy for public service employees — Further guidance and FAQ

Image of border crossing with the words "COVID-19"

Over the last few days, we have heard from several members regarding the federal government’s mandatory vaccination policy for federal public service workers. Due to its scope, this policy has understandably generated a fair number of questions and concerns.

As we continue to work closely with PSAC to support our membership, CIU has prepared the following documentation to address lingering questions. From a labour relations perspective, it should be noted that certain aspects of the policy have possible ramifications that bring both the union and the employer into uncharted waters. In addition to resources already available from both CIU and PSAC, we hope that the following guidance, based on current legal expertise, will help you navigate the next steps.

The health and safety of our members has always been of the utmost importance to CIU, and never has this been more true than during this pandemic. We understand that this new policy from the employer can be a source of stress for some and, in addition to the guidance provided here, we encourage you to speak with your medical professional to help you make an informed decision regarding vaccination.

Should your question not be addressed below, or should you have further concerns, please contact your Branch President or keep an eye on the national CIU website for updates.

FAQ: Mandatory vaccination policy
for federal employees

As previously stated, CIU supports vaccination efforts as a response to the COVID-19 pandemic. With other preventative measures, having as many Canadians as possible fully vaccinated remains the best way to combat the ongoing pandemic.

Further reading about the importance of COVID-19 vaccines:

We do take issue with the unilateral imposition of this policy without meaningful consultation with the unions to pre-emptively address concerns. It is especially concerning to us that the employer would immediately resort to placing non-compliant employees on administrative leave without pay (LWOP) without looking into other methods of accommodation, where possible.

The employer has made it clear that the policy applies to all employees in the core public service, including those working remotely. However, as the policy concerns health and safety in the workplace, it is unclear — at this time — why the obligation to be fully vaccinated should extend to employees who are not in the workplace, such as those working from home. Nevertheless, the employer’s expectation is clear, and employees who do not meet the policy’s requirements face being placed on administrative leave without pay.

Yes. Members have the right to grieve and, should they be placed on administrative leave without pay (LWOP) under the policy, we will support them to the best of our abilities. As with any grievance, each case that is brought forward will be thoroughly assessed based on individual circumstances and merit.

Members who wish to grieve in this context should only do so after being placed on LWOP as per the policy. Members who are in this situation should contact their Branch President. It bears mentioning that the redress process is generally lengthy, and that a swift resolution to a grievance is unlikely.

Members can always choose to file a human rights complaint and should contact the Canadian Human Rights Commission (CHRC) to do so. While CIU cannot file Human Rights complaints on behalf of members, we can provide information on how to do so, and we invite members to contact CIU’s Human Rights representative, Murray Star, for more information on the matter.

Based on existing information, however, it appears unlikely in our opinion that the CHRC will rule favourably on the issue — except for cases involving religious or medical exemptions. The Ontario Human Rights Commission has already stated that the decision not to be vaccinated constitutes an individual decision/belief and, as such, does not fall under the prohibited grounds of discrimination as defined in the Canadian Human Rights Act.

Where members have an exemption on medical or religious grounds and the employer fails to provide a suitable accommodation, we encourage them to file both a grievance and a human rights complaint. For more information on how to request an accommodation, please see the following post.

As the government’s mandatory vaccination policy applies across the federal public service, policy grievances lie within the purview of PSAC who, as the bargaining agent, will decide whether or not to contest the policy as a whole. We will be sure to inform the membership should this happen.

All employees have a right to file a complaint with the Office of the Privacy Commissioner if they believe that their personal information is not being handled properly. Members who wish to file a privacy complaint can do so through the Office of the Privacy Commissioner of Canada.

Note that while CIU does not normally represent members on individual privacy complaints, we can provide information on how to file one, should the information provided by the Office of the Privacy Commissioner be insufficient. It is also possible for the bargaining agent — PSAC — to file a complaint with the Privacy Commissioner, and we will be sure to keep members informed of any development in that regard.

Accommodation requests regarding the new federal mandatory vaccination policy

Image of border crossing with the words "COVID-19"

As per the federal government’s new mandatory vaccination policy​ for federal public service workers, all CBSA employees must attest to being fully vaccinated by October 29, 2021, or face being placed on administrative leave without pay two week after the attestation deadline.

The policy does allow for employees who are unable to be vaccinated — based on a certified medical contraindication, a religious exemption, or another prohibited ground of discrimination as per the Canadian Human Rights Act — to request an accommodation. CIU recommends that members who intend to request such an accommodation do so before the October 29 deadline, which is fast approaching.

​Members who wish to submit an accommodation request should:

  • Inform their manager of their intention to ask for an accommodation as early as possible, before October 29.
  • Obtain the necessary documentation justifying the request from relevant authorities (for example, a qualified medical professional or religious authority figure).
  • Contact the CIU Human Rights Representative, Murray Star, at murray.star@ciu-sdi.ca for additional guidance.

As this policy applies to the entire public service and not just CBSA, it is worth noting that the federal government has made it clear that they would be very stringent in granting accommodations regarding mandatory vaccination. Should accommodation requests be denied, we will continue to defend our members to the best of our abilities. It is important to stress that such cases often take considerable time to resolve.

Should you have further questions regarding the accommodation process, please contact the CIU Human Rights Representative, Murray Star, at murray.star@ciu-sdi.ca.