Many thanks to the thousands of you who joined CUPE Ontario for yesterday’s Vaccination Policies Town Hall.

If you were unable to attend or want to re-watch the webinar, the relevant links can be found below or at http://www.cupe.on.ca/vaccinepolicyinfo/

McMaster University has mandated all employees to be vaccinated by September, 2021 (or undergo regular negative testing).

• By October 18^th, all employees will need to be double-vaccinated. Employees with medical or religious exemptions are protected under the Ontario Human Rights Code, up to the point of “undue hardship” for employers. Employees without those medical or religious exemptions are expected to comply with the policies. For more information, please see a comprehensive guide to mandatory vaccination made by our colleagues with CUPE’s Ontario Council of Hospital Unions (OCHU).
• McMaster has released their finalized version of the policy that mandates vaccinations for students and employees: Vaccination Policy – COVID-19 Requirements for Employees and Students: https://hr.mcmaster.ca/resources/covid-19-vaccination-policy/
• Please note that the employer has a September 19th deadline for submitting an exemption request. We recommend you make the request prior to the 19th, but if for some reason you cannot, please let us know.

MEDICAL EXEMPTION

• Requires a doctor to certify that vaccination is contra-indicated. Reasonable accommodation is then required.

RELIGIOUS EXEMPTION

• If a religion or creed legitimately prevents a person from being vaccinated, they are entitled to reasonable accommodation.

PRIVACY RIGHTS 

• Are not infringed in disclosing vaccination status as long as record of employee vaccination is kept confidential and info used just for this purpose

Must the employer accommodate people with a medical or religious reason not to be vaccinated?

• Yes, to the point of “undue hardship” for the employer.

What if I require an accommodation?

• In terms of the exemption process, there is a section online in McMaster’s FAQs dedicated to how to seek an exemption – this includes a link to the appropriate forms and process (see Step 4B): https://covid19.mcmaster.ca/vaccination-mandate/#tab-content-im-not-fully-vaccinated.

Can you be fired if you will not be vaccinated and do not have a medical or religious objection? 

• We do not know. The law here is not certain. Arbitrators in flu vaccination cases have emphasized that the policies they upheld as reasonable did not result in discipline. This suggests that it is important for a policy to be non-disciplinary to be reasonable.
• A policy that terminates an employee for non-vaccination would be very different. There is a good argument that this type of policy would not be reasonable because it does not adequately respect the workers’ right to choose what medical treatment to undertake.
• There is, however, a risk that an arbitrator would view COVID as being so serious to the well-being of patients and staff that it would justify this type of policy.
• Members in workplaces with policies that threaten termination should understand that, if they refuse to become vaccinated, the employer might terminate them.
• If this happens, and if the union grieves the termination, it cannot guarantee a particular outcome.

Consequences of choosing not to be vaccinated without a medical or religious exemption

• McMaster’s COVID vaccination policy must be assessed individually to determine if it is reasonable. However, arbitrators have upheld influenza vaccinepolicies that have placed unvaccinated workers on modified job duties that reduce their interactions with patients or other workers, as well as policies that place unvaccinated workers on unpaid leaves of absence for the duration of outbreaks.
• It is important to recognize that the COVID pandemic is not just another flu season. Arbitrators will view COVID as being more serious and may be willing to accept even more significant consequences for workers as “reasonable”.
• For example, in flu vaccine cases, unpaid leaves of absence tended to last only for a relatively short period of time (i.e. until a flu outbreak in the workplace resolved).
• In the context of the COVID pandemic, arbitrators may accept that even if there is no outbreak in the workplace, workers may be placed on unpaid leaves of absence. Those leaves of absence may be for long periods of time, as there is no clear “end” in sight to the COVID pandemic.

Where can I find more information?

• If you have questions about being vaccinated against COVID-19, our national union has developed the following helpful FAQ: https://cupe.ca/sites/cupe/files/faq_vaccines_covid19_en_0.pdf
• If you are not satisfied with the employer’s decision regarding your request for an exemption or accommodation, please let us know and we can discuss options with you. The legal landscape is rapidly evolving, but we would like to direct your attention to this page from CUPE: https://cupe.ca/covid-19-vaccination-workers-rights
• You can also access COVID-19 Resources Canada (covid19resources.ca) for various COVID vaccination questions and answers. It is staffed by Volunteer Doctors, Nurses, Pharmacists, etc., who answer any and all types of questions about the scientific/medical aspect of vaccinations.

What is CUPE’s opinion?

• We believe that the benefits of vaccines clearly outweigh any adverse event risks.
• CUPE’s Health and Safety Branch strongly recommends vaccination to our members in consultation with their own medical providers or a practitioner reached through a provincial health care line.
• We will continue to support the benefits of vaccination until such time as the World Health Organization (WHO), the Center for Disease Control (CDC) or the Public Health Agency of Canada (PHAC) changes their vaccine guidance.
• CUPE’s Health and Safety Branch has previously released vaccine guidance related to the balancing of CUPE members’ individual rights, health and safety, the recognition of public health information and the interest of the community.

I still have questions….

Please contact your CUPE Local 3906 representatives – either by emailing staff@cupe3906.org, healthandsafety@cupe3906.org or president@cupe3906.org

A PDF version of this page can be accessed here.

CUPE Local 3906 was happy to provide support to help offset the costs of producing Unsheltered: The Zine. UNSHELTERED the zine is a community art project featuring the stories of unhoused women and gender-diverse folks living outside of Hamilton’s shelter system. The September 2021 issue features art from folks who currently and/or previously sleep rough, live in encampments, or access YWCA’s Transitional Living Program(TLP), Carole Anne’s Place (CAP),and/or Willow’s Place (WP). Each artist was asked to create apiece of art that represents their experience being unhoused in Hamilton. A full PDF version of Unsheltered is available here.

We have another update from the Employer regarding the process for requesting exemptions/accommodations around the vaccination mandate.

McMaster has released their finalized version of the policy that mandates vaccinations for students and employees:
Vaccination Policy – COVID-19 Requirements for Employees and Students: https://hr.mcmaster.ca/resources/covid-19-vaccination-policy/

The Employer has also directed us to the following FAQ that has a section dedicated to the process of requesting accommodations/exemptions:

 In terms of the exemption process, there is a section online in the FAQs dedicated to how to seek an exemption – this includes a link to the appropriate forms and process (see Step 4B): https://covid19.mcmaster.ca/vaccination-mandate/#tab-content-im-not-fully-vaccinated.

Stewards hold one of the most important positions in our Union, they are our eyes and ears in every department and are vital to inform both their departments and the rest of the Union about what is going on. We are constantly looking for more motivated people to fulfill this role.

If you want to do this crucial service to your fellow workers, please fill out one of the forms here and send it to us! There is also a small honorarium set in our budget in recognition of the valuable work our Stewards do.

We are also planning to host one of CUPE National’s training for Stewards. If you are a Steward, or if you wish to become one, we highly recommend that you take this free training. You only need to send an email to organizingchair@cupe3906.org expressing your interest!

Lastly, if you want to participate more in the Union, but not as a Steward, we encourage you to check out our other committees and get in touch with their chairs, your help is always appreciated and needed! 

HAMILTON, ON — AUGUST 30^th, 2021

CUPE 3906’s Unit 2 Bargaining Team met again with our counterparts from the McMaster University Administration for three days of negotiations between August 23^rd and August 27^th, 2021.

Progress at the table was slow, but the Parties arrived at some agreement in administrative and procedural areas such as Information, the Grievance Procedure, and Equal Pay. Unfortunately, the Employer continued to refuse to provide meaningful gains to your priority areas, including Job Security, Pensions, and Professional Supports.

CUPE 3906’s team presented our first full monetary pass and was working on a counter to the Employer’s response.  The parties left the table on Friday evening (August 27^th), with plans to continue negotiations, although no dates have been set.

Although the Employer has not taken an aggressive stance with outright concessions this round, they do not seem to be very receptive to improvements in member priority areas, and see the existing agreement as acceptable for the next three years.  We disagree. The Employer is also firm on fulfilling its legal obligations to restrict wages and compensation for the next two years under the Conservative’s infamous Bill 124.  CUPE is one of several Unions signed on to a constitutional challenge of the legislation, which limits the rights of Public Sector workers to bargain in a free and collective manner.  As CUPE Ontario President, Fred Hahn, has pointed out, the legislation makes it impossible for front-line Public Sector workers to keep up with inflation, which is currently over 3%.

“It’s very frustrating to be forced to work within the imposed legislative restrictions while facing the Employer’s seeming lack of interest to make improvements even to non-monetary language that would make the lives of some of its most precarious employees less stressful,” says Mary Ellen Campbell, CUPE 3906 staff.  “Negotiations are the only time when we can make secure gains for our members that are guaranteed under the Collective Agreement, and we can’t afford to wait another three years to make improvements.”

“Some of our proposals, including a targeted pension benefit, actually require very little effort or cost on the part of the Employer, but offer a world of difference to our members, some of whom have been working for McMaster University for 20 or even 30 years or more with nothing to show for retirement,” says Sharoni Mitra, CUPE 3906 President.  “McMaster likes to claim that it treats its employees equally, but even this ask, which is much less than what most of our counterparts across the table enjoy, seems to have no traction with them.”

CUPE 3906’s team will solicit dates to continue negotiations with the Employer into the fall term.  We will continue to update members on our progress, and encourage you, the members, to show your support for your elected bargaining team by joining our bargaining support committee, following our progress and activities on email and social media, and keeping in touch with comments and questions by emailing mobilizer@cupe3906.org.  It’s your contract!

Our next Bargaining Support Committee Meeting will be scheduled soon- an email with the date/time will follow.

Sessional Faculty, Hourly Rated Sessional Music Faculty, and MELD Sessional Faculty working at McMaster University comprise CUPE 3906’s Unit 2. The current collective agreement expires on August 31.

A PDF version of this update can be found here..