Unionized Employment Matters

We have spoken with over 40 union members from various unions across Canada regarding possible grievances or complaints against their own unions. These include the following:

Unionized Worker #1

The worker is a driver and security guard. He has worked with his employer in this capacity for two years and has worked in the field of security for many years. He was informed by his employer that he must be vaccinated and provided him with a deadline. The worker remained unvaccinated and was then placed on unpaid leave.

Result: By closely adhering to our step-by-step advice, the worker has successfully brought a grievance against his employer through his union. Arbitration has been scheduled for mid-summer.


Unionized Workers #2

This group of employees all work in a federally regulated industry. As of fall of 2021, members were placed on leave without pay.  To date, the employer has operated efficiently without a vaccine mandate. The workers knew of two ongoing grievances. The workers consulted TDF to determine whether they could remedy their situation.

Result: Following our guidance, the workers requested that the union grieve on their behalf for being placed on leave without pay. The union agreed to grieve and has brought a grievance on their behalf. One of the workers is the subject of a live individual grievance, another worker has been successful in receiving religious accommodation - both as a result of our guidance. The grievances remain live with arbitration scheduled throughout the summer.


Unionized Workers #3

These unionized workers are a group of transit operators. They were required to vaccinate by a future date, failing which, their employment would be terminated. Prior to our involvement, the union had not filed any grievances. The workers consulted with TDF to understand their rights.

Result: Following our provision of general legal information, the workers contacted the union president regarding accommodations and bringing specific grievances. Grievances have now been brought by the union and are currently pending arbitration. 


Unionized Worker #4

This worker is a delivery driver. In the fall of 2021, he was notified of the implementation of a new vaccine policy. This policy required all employees to receive two doses of the COVID-19 vaccine, failing which regular rapid antigen testing would be required. The worker refused to have the vaccine administered and was subsequently suspended without pay.

Result: We provided general legal information to the worker about his rights under labour law and a collective agreement. He subsequently contacted his union to request that they seek corrective measures. We assisted the worker in communicating with his local union representative. The union will be filing an individual grievance on his behalf. The matter is now scheduled for arbitration.


Unionized Worker #5

This worker is employed by a Canadian delivery service provider. During the initial implementation of the vaccine requirement, the worker was permitted to submit negative rapid antigen tests in lieu of vaccination until 2022. Shortly thereafter, the worker's employer implemented a mandatory vaccine policy. Following the implementation of this policy, the worker was placed on unpaid leave.

Result: We suggested that the worker contact his union and request that they seek corrective measures. We assisted the worker with drafting a letter to his local union representative. The union is now filing an individual grievance on his behalf. This matter is now scheduled for arbitration.


Unionized Worker #6

The worker is employed by a delivery service provider in a rural community. He was informed that all employees had to be fully vaccinated by a certain date. Subsequently, due to his failure to vaccinate, the worker was placed on unpaid leave in 2022. We suggested that the worker connect with his union representative and request that a grievance be initiated. We further suggested that the worker submit to an antibody test as a positive result could be persuasive in the event of a hearing.

Result: The worker requested that his union commence a grievance. A grievance has been brought and is currently pending arbitration.


Unionized Worker #7

The worker is a unionized driver and delivery service provider. He has been employed in this capacity for most of his adult life. In 2021, the worker received a notice from his employer stating that he would be required to receive two doses of an approved COVID-19 vaccine, failing which he would be placed on unpaid leave. In 2022, the worker was suspended without pay.

Result: Over several meetings and in correspondence, we have provided the worker with general guidance and information about the grievance process. The worker has filed a grievance specific to the corrective action he is seeking and has joined a larger group grievance for which arbitration has been scheduled.


Unionized Worker #8

The worker is employed as a biologist. The worker has worked from home since 2021. Prior to our involvement, she had no direct dealings with her union. She submitted a formal request to upper management to continue to work from home. Her supervisor declined her request to work from home and informed the worker that she must be vaccinated by an indicated deadline. The worker consulted TDF about her legal rights. TDF provided general legal information about the grievance process.

Result: The worker was successful in bringing a grievance through her union against the government.


Unionized Worker #9

The worker is a unionized nurse formerly employed at a hospital. Following the implementation of the hospital’s vaccine policy, and the worker's refusal to be vaccinated, the worker was suspended from her job without pay. In 2022, the worker was terminated from her position. The worker sought an exemption on religious grounds. Her exemption request was denied by the hospital. The worker consulted TDF seeking information about her legal rights. TDF provided general legal information about her rights under the collective agreement and in arbitration.

Result: With our continued guidance, the worker successfully joined a group grievance brought by her union against the vaccine policy. In addition, the union has initiated specific grievances on her behalf.


Unionized Worker #10

In 2021, the worker received a notice from her employer outlining the company’s newly implemented vaccine policy. The policy stated that employees required two doses of a COVID-19 vaccine by a deadline, failing which they would be suspended without pay. The worker was suspended without pay. She consulted TDF for information about her legal rights.

Result: TDF provided general legal information to ensure that the worker understood her union’s obligations under the collective agreement. She was unfamiliar, at the time, with the grievance process. We assisted her with drafting a letter to her union regarding a possible grievance. The union has since filed a grievance.


Unionized Worker #11

The worker is an employee at a media organization. In 2021, he received an email from his employer indicating that, in order to avoid being suspended without pay, he needed to provide proof of vaccination. His employer provided him with a deadline to provide proof of vaccination. instead, the worker submitted a religious exemption request, which was subsequently rejected. The worker remained unvaccinated and was placed on leave without pay. He requested that his union file a specific grievance on his behalf. The worker consulted TDF about his legal rights. The union filed a grievance shortly thereafter.

Result: To date, TDF has provided general legal information in advance of the worker's union meetings, and assisted him with the grievance process by explaining next steps. Arbitration is pending.


Unionized Worker #12

This worker is employed in the manufacturing industry. In the fall of 2021, the worker was notified by her employer that she was required to submit a declaration of her vaccination status. She was provided with the following options in the declaration: partially vaccinated, fully vaccinated, medical exemption, human rights exemption. The worker submitted her declaration prior to the deadline. The employer sent the worker a follow-up notice indicating that all employees must be fully vaccinated or receive an approved exemption request, failing which they would be suspended without pay. The worker submitted an exemption request on both religious and human rights grounds. Her exemption requests were denied. The worker was then placed on unpaid leave. She consulted TDF for information about her legal rights.

Result: After our consultation, the worker demanded that her union seek corrective action on her behalf. The union has filed a grievance specific to her exemption requests. The worker has also joined two group grievances targeting her employer’s vaccine policies. Arbitration has been scheduled.


Unionized Worker #13

This worker is a long-term federal government employee. She was asked by the federal government to declare her vaccination status in order to return to her seasonal position. She submitted a request for an exemption on religious grounds: the request was denied. As a result, the worker is unable to return to work. She consulted TDF for information about her legal rights.

Result: After our consultation, the worker demanded that her union seek corrective action on her behalf. The union has filed a general grievance with respect to the vaccine policy.


Unionized Worker #14

This worker is a PSW. In 2021, she was provided with notice stating that she must be fully vaccinated by a certain date, failing which she would be suspended without pay. The worker submitted exemption requests on religious and human rights grounds, which were rejected by her employer. The worker was placed on leave without pay. She consulted TDF about her legal rights.

Result: We met with the worker to help her understand her legal rights under labour law and her collective agreement. She was unfamiliar, at the time, with the grievance process. We gave her information to enable her to draft a letter to her union. She subsequently wrote to her union demanding that it take corrective action on her behalf regarding her improper suspension. The union has since filed a grievance on her behalf.


Unionized Worker #15

The worker is a homeless shelter employee. She has over two decades of experience in her field. In 2021, the worker was notified by her employer that she would have to declare her vaccination status or provide a valid exemption request in order to continue working at the shelter. The worker was given a deadline to adhere to her employer’s new vaccine policy. The worker did not submit exemption requests on religious or human rights grounds. She was suspended without pay. Prior to TDF involvement, she had some preliminary discussions with her union representative.

Result: TDF provided general legal information regarding labour law and her rights under the collective agreement. The worker has since demanded that her union seek corrective action on her behalf.