In 2021, policy grievances were filed challenging aspects of the federal government’s COVID-19 vaccination policies, including the continued placement of some employees on administrative leave without pay and the application of the policy to employees working remotely.
The Federal Public Sector Labour Relations and Employment Board (FPSLREB) has now issued its decision on the employers’ objections to jurisdiction.
The Board ruled that:
- It does not have jurisdiction to hear grievances challenging the policy solely on the basis of management rights, including grievances related to telework requirements.
- Allegations that placing employees on leave without pay constituted discipline or disguised discipline were also dismissed.
- However, the Board confirmed that it does have jurisdiction to hear limited aspects of the grievances related to the interpretation or application of collective agreement provisions, including consultation obligations, health and safety, and, where applicable, no-discrimination clauses.
The Board also confirmed that individual remedies or compensation cannot be awarded through a policy grievance.
We recognize that this decision will be disappointing for many members. While significant portions of the grievances were dismissed, certain issues remain to be addressed within the narrow scope set by the Board.
UTE will continue to monitor the remaining proceedings and will keep members informed of any significant developments.
Members with questions or concerns are encouraged to contact their local union representative.