Tag Archives: COVID-19

Update: Grievances on the denial of a religious or medical exemption from the COVID-19 vaccination policy

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Almost all grievances stemming from the employer’s failure to grant a religious or medical exemption from the federal government’s COVID-19 vaccination policy for public servants have now passed through the final level of the grievance procedure. Many of these were accompanied by a second grievance contesting the period of leave without pay that followed a refusal to be vaccinated. These were also presented at the final level.

Last month, CIU started to receive the employer’s final level responses, which continue to deny these grievances. As responses come in, the files are being sent to PSAC for referral to adjudication. PSAC has agreed to provide representation, and the grievances will now be sent to the Federal Public Sector Labour Relations and Employment Board.

If you have filed an accommodation grievance contesting the employer’s failure to provide you with a medical or religious exemption, you should receive a final level response in the coming weeks. Be assured that if your grievance continues to be denied, we will be moving your grievance(s) on to PSAC.

COVID-19 vaccination audits: FAQ

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

In the fall of 2021, CBSA employees were asked to complete a vaccine attestation, confirming that they had been vaccinated against COVID-19. The requirement to attest formed part of the Treasury Board’s Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, which came into effect on October 6, 2021.

The Treasury Board policy was clear that while the attestation would be sufficient to show compliance with the vaccine mandate, the attestation could be subject to a future audit. In other words, employees might be required, at some point, to prove the claim that they had been vaccinated against COVID-19.

CBSA has now begun their vaccination audit. To best answer the many questions our members might have, CIU has prepared the following Frequently Asked Questions (FAQ) section.

Had this audit been conducted while vaccinations were still a requirement, it could have been deemed a health and safety measure. We are disappointed that the Agency has chosen to question its employees’ attestations now when it can only be happening with an eye to discipline.

We invite our members to review the following FAQ and reach out to their local Union representatives should they have any further questions.

COVID-19 vaccination audits FAQ

The audit process is entirely random and is required by the Treasury Board vaccination policy. The policy requires all governmental organizations to develop a verification process to audit employees who have provided an attestation. Most such organizations are auditing approximately 5% of all attestations. At CBSA, this means 633 people across the Agency.

Yes. 100% of those at the Executive level (Directors and above) have already been audited and asked to show proof of vaccination. Lower levels of the management team form part of the 5% random audit.

No. The audit is only for employees who attested to their vaccination status prior to June 20, 2022.

You will be informed by your local manager if your name has been randomly selected for audit.

If you are selected for audit, you will need to show proof of vaccination. This means the QR code or certificate that you were issued when you were vaccinated. If you no longer have a copy, you can access this information online in most provinces and territories using your health card number.

In most cases, complying with the audit will not incur any expenses. You should not need to see a health care professional and should be able to access your records and print a copy of your QR code online. If, however, you incur additional expenses be sure to keep a receipt and submit a claim. Be prepared to demonstrate why the information was not available to you without incurring this cost.

The employer will give you two weeks to come up with the required proof of vaccination. If you require more time, speak to your manager and explain your situation. Be sure to keep a written record of any extension that you may be granted.

Unless you can show that it is impossible for you to provide the proof that the employer is seeking, a refusal may be viewed as an admission that you are not vaccinated. If you attested that you are vaccinated but did not receive the required vaccines or can’t prove that you complied with the vaccine mandate, the expected consequence is discipline up to and including termination.

If you believe that the employer is acting in bad faith or that you have been subject to harassment or discrimination, you must comply first and grieve later. Provide proof of your vaccination status and then speak to a union representative who will assist you with the grievance process. The audit process itself, however, cannot be the subject of an individual grievance.

PSAC celebrates 699 leave victory

In a major victory for federal public service workers hardest hit by the pandemic, an arbitration board ruled that Treasury Board cannot force employees to exhaust all their other leave before accessing 699 leave for COVID-19-related reasons.

This decision means that PSAC members who filed individual grievances related to 699 leave — where members were forced to use other available leave like sick leave, vacation leave or family leave before accessing 699 leave — can now request the leave be reimbursed to their leave banks.

Treasury Board’s heavy hand during the pandemic

The 699 leave provision is for “other leave with pay” and members can request it through their manager when they are unable to report to work for reasons beyond their control. This is different from sick leave and vacation time.

PSAC members relied on 699 leave to grapple with radical work-life changes during the pandemic. Parents were often left with no choice but to apply for 699 leave when schools and daycares were closed or went remote, but the government heavily restricted its use.

The restrictions disproportionately impact marginalized groups who have been the hardest hit by the pandemic, including women, Black, Indigenous and racialized employees, workers with disabilities, high-risk workers and workers with family obligations.

PSAC filed several policy grievances with Treasury Board, CFIA and other agencies for restricting the use of 699 leave. Two of these grievances were then brought before the Federal Public Sector Labour Relations and Employment Board.

The Board found the 699 leave policy breached PSAC’s collective agreement by requiring employees to exhaust other leave before 699 leave could be granted. The Board ruled this posed an undue burden on employees and violated members’ collective agreements.

On parental leave specifically, the Board ruled that denial of 699 leave to parents who “chose” not to send their children to school or daycare is not discriminatory or a violation of the collective agreement. Although parents may have a right to choose to keep their children at home” this was a choice and not a right that is protected by human rights legislation, the Board ruled. PSAC is reviewing this aspect of the decision for potential grounds for judicial review given the evidence that parents had little to no choice regarding childcare during the pandemic as well as the state of human rights jurisprudence on the issue of sex and family status discrimination.

Requesting 699 leave

If you need leave related to COVID-19, you should continue to request 699 leave. If your request is denied or you are forced to take other types of leave, reach out immediately to your PSAC regional office or your component labour relations officer to discuss whether you should file an individual or group grievance, including a grievance citing discrimination on the grounds of sex, family status or disability.

Stay up to date about 699 leave and other important issues by updating your contact information and signing up for our latest updates.

This article was first posted on the PSAC website.

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

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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

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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.