This post contains important information for the small number of ULFA Members who are
- not currently vaccinated against COVID-19;
- are only partially vaccinated against COVID-19; or
- have not reported their vaccination status to the Board via the ULethbridge safe app.
In an email sent Sept 13, President Mahon wrote to all employees to announce that the Board would begin enforcing a vaccine mandate on employees.
As of November 1 (October 22 at the Bow Valley Campus), employees of the University who have not reported that they are fully vaccinated against COVID-19 will be placed on “unpaid leave” until they are able to confirm that they are in compliance with the mandate. At an unspecified point in time, any employee who remains unable to confirm that they are fully compliant with the mandate may face termination (the policy is available here). Exceptions are available only on limited human rights and medical grounds and it is expected that they will be difficult to receive.
It is very important that Members who are likely to be affected by this enforcement understand that the current consensus among labour lawyers is that employers likely do have the right in many cases to discipline or terminate members for failing to comply with COVID-19 vaccine mandates. Of course the facts of individual cases and the nature of the collective agreement are always important, and different individuals may experience different outcomes. But the broad consensus for the generic case is clear.
We have discussed the matter with our counsel and have received legal opinions from a number of other unions, both nationally and provincially. Every opinion we have received suggests that we can expect arbitrators and courts to rule often in favour of the employer should such cases be brought before them, subject to the details of the collective agreement and the details of individual cases.
ULFA is and has been working to ensure that the rights of all Members are respected and that any actions taken by the Board are consistent with our Collective Agreement and relevant legislation. But it is very important that Members understand that no action taken by the Union is likely to have an effect before October 22 (Bow Valley campus) or November 1st (all other employees).
If you need help in documenting your status or understanding what the Board’s policy may mean in your case, please contact us for advice.
Governments and medical organisations across Canada and internationally have indicated that vaccination is an important tool in combating COVID-19. We encourage all Members to get vaccinated.
Sincerely,
Dan O’Donnell
ULFA President
Photo by Mufid Majnun on Unsplash
