To all CUPE 4270 members, we are all aware of the Health Order being implemented by our Government on October 18/21. In this order a majority of our membership will need to either be vaccinated or agree to being tested several times a week.
We have heard from many members that have brought forth their concerns. There have been suggestions that this order violated their Human Rights and is also in violation of our contract. It has been implied that our leadership has not been working for its membership.
I want to ensure all members that is not the case. We have taken every concern forward. We have sought legal opinions by our in house Lawyers as well as by an independent labour law firm. All legal opinions have stated that this health order does not violate our collective agreement and no human rights are being violated. Any court challenges would end in an expensive loss. We have listened to these lawyers but we do understand some members are upset. We have spoken to the Employer and stated we will grieve any termination as a result of the health order. We have stated we expect a confidential process.
It is important to note that the Union’s mandate is to ensure that the collective agreement is adhered to and that members are properly represented should any violation of the collective agreement occur.
We understand that some of you have concerns regarding the latest provincial health orders requiring those in direct care of patients, to be vaccinated or required to test should you not be fully vaccinated or not wish to disclose. This policy is a direct result of the provincial health orders and as such the Union cannot encourage it’s members to break a law. We have heard some members may walk off the job. We cannot support any illegal activity and strongly advise against this. This will be deemed abandonment of your job and may result in termination. This will make you ineligible for some benefits of your collective agreement such as the retirement bonus as an example. We will support your choice, but the consequences of your choice should not have to exceed more than a temporary unpaid leave of absence. We will fight for your right to choose but again all choices come with consequences.
We urge you to speak to your Doctor to make an informed decision on being vaccinated or not and to be tested or not. There are many rumors out there. Please make an informed decision. Our patients, clients and residents need us all. These are unprecedented times. We need to work together and in doing so will get through this and one day get back to some sort of normal life again.
Lastly, this is a health order that legally does not violate any human right or collective agreement. If you are not in favour of the order, contact our Provincial Government. They need to know their constituents are unhappy. This is the only way change could occur. I have expressed my concerns and yours to our Employer.
If you are in a position of medical or religious exemption as recognized by the Human Rights commission, the Union will work with you and the employer in order to find a suitable accommodation.
Please be advised that the Union will not reply to anonymous letters, comments or threats.
I wish you all good health.
Local 4270
President
Darrin Cook