Vax mandates prove murky issue

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This article was published 17/08/2021 (1509 days ago), so information in it may no longer be current.

Ottawa’s decision to require federal workers to get vaccinated against COVID-19 could be the catalyst for other governments, such as the City of Winnipeg, to institute vaccine mandates.

“Since the federal government’s a major employer, it becomes more likely that other public-sector employers may follow that lead. Could the City of Winnipeg do it? Yes. Should they do it? It’s another question,” said David Camfield, an associate professor or labour studies and sociology at the University of Manitoba.

In addition to weighing the impact of imposing such a mandate, the city would need to negotiate the matter with its unions, said Camfield.

“If this was going to be mandatory then it would be affecting the terms and conditions of employment,” he said.

The president of the city’s largest union agreed that consultation would be essential to any vaccine requirement, should the city pursue one. He expects such talks would be complicated by a lack of consensus on the topic.

“It’s a very difficult issue to navigate through,” said Gord Delbridge, president of the Canadian Union of Public Employees Local 500. “In some cases, you’ve got to be careful when you open that Pandora’s box where you can allow an employer to start mandating treatments, medications… (Conversely), I’ve (also heard) people are concerned about working in an environment with unvaccinated people.”

Delbridge said he strongly supports vaccination against COVID-19 but stressed provincial health officials are best suited to guide decisions.

“We should be following the advice of the skilled and qualified provincial health officials in all aspects of this pandemic,” he said.

Camfield said adding a vaccine mandate would require the municipal government to accommodate those who can’t get vaccinated for medical reasons. That could include allowing some staff to work from home, he said.

“The city has a high requirement in terms of what the duty to accommodate would mean, in terms of finding other work for the person who cannot be vaccinated for medical reasons,” said Camfield.

The city could also risk facing a grievance if it opted to discipline or terminate a worker who refused to be vaccinated or if its exact vaccination rules were deemed unfair. It’s not clear how a city vaccine mandate would be judged in such cases, since there’s a lack of precedent to base that on, he noted.

“It’s an emerging issue. We don’t yet have arbitration cases to refer to,” said Camfield.

Last month, a city councillor argued Winnipeg should require all city employees who come in direct contact with the public to get fully vaccinated, along with all visitors to city pools, libraries and rec centres.

Coun. Kevin Klein (Charleswood-Tuxedo-Westwood) said provincial immunization cards should be used to claim that status. He argues a vaccine mandate is needed to prevent the spread of COVID-19 as city buildings reopen and city services resume.

On Monday, a city spokesperson said the municipal government will follow provincial advice.

“The city is following the provincial public health orders regarding reopening of city facilities, and at this time there are no requirements in the provincial public health orders for staff and/or visitors to city facilities to be fully vaccinated,” said Tamara Forlanski, in an emailed statement.

The federal government vaccine requirement, which is expected to take effect as soon as next month, will apply to public servants, Crown corporation staff and workers at other federally regulated businesses, such as airlines and railways. Exceptions will be in place for those who can’t be vaccinated for medical reasons or “other protected grounds.”

joyanne.pursaga@freepress.mb.ca

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