Newer, better CUPE 3906 face masks have arrived! These ones have adjustable ear loops and a metal nose insert to help keep your glasses from fogging up. Supplies are somewhat limited, so if you’d like to receive one from the union, please fill out the request form here.
Mandatory Vaccination Update
Our staff has elaborated a great guide for vaccine questions! It can be viewed by clicking on this link: https://cupe3906.org/2021/09/14/mandatory-vaccination-your-rights-and-mandatory-covid-vaccination-policies/ (a PDF version is available for download at the bottom of the page)
In related news, CUPE Ontario recently held a Vaccination Policies Town Hall with experts discussing the appropriate policies, law and medical data. If you were unable to attend or want find out more relevant information, visit: cupe.on.ca/vaccinepolicyinfo/
*IMPORTANT AND TIME-SENSITIVE INFORMATION ABOUT TA/RA (IN LIEU) DENTAL COVERAGE*
The following information is for members of CUPE 3906 Unit 1 (Teaching Assistants and Research Assistants in lieu of Teaching Assistants) holding undergraduate degrees (i.e, “Classification ‘A'”).
Teaching Assistants and Research Assistants (in lieu of TAs) who hold undergraduate degrees are automatically enrolled in CUPE Local 3906’s employee dental plan with single coverage for the entire 2021-2022 academic year.
For more information about the plan, please visit https://cupe3906.org/tas-unit-1/dental-plan/. We recommend that all Classification ‘A’ TAs and RAs (in lieu) read this important letter about dental coverage: 2021-2022-Dental-Letter-U1-Members.pdf
- If you are working as a Classification ‘A’ Unit 1 member and would like to enroll in family dental coverage, you may do so until September 27th, 2021, by filling out a family coverage enrollment form available under the “Important Information” and “Forms” heading of our Unit 1 dental website: https://cupe3906.org/tas-unit-1/dental-plan/ (Please note that you must re-enroll in family dental coverage every academic year if you would like to keep your family coverage active. Members automatically default to single coverage every year due to McMaster’s payroll system.)
- If you are working as a Classification ‘Unit 1 member in the fall and already have dental coverage through a parent or spouse and would like to opt-out of the plan, you may do so until September 27th, 2021, by filling out an opt-out form and providing appropriate proof of alternate coverage. Instructions on opting out, regulations around adequate proof of alternate coverage, and opt-out forms are available under the “Important Information” and “Forms” heading of our Unit 1 dental website: https://cupe3906.org/tas-unit-1/dental-plan/ (Please note that you must opt-out every academic year if you have other, non-student, coverage and do not wish to keep the CUPE 3906 coverage. Members automatically default to single coverage every year due to McMaster’s payroll system.)
Please note that you will be automatically opted out of the Graduate Student Association (GSA)’s dental coverage if you work as a Classification ‘A’ TA this academic year. The timing of this opt-out and the reimbursement for any dental premiums that you pay towards the GSA’s coverage is determined by the GSA. We recommend that you contact the GSA (macgsa@mcmaster.ca) with questions about their dental premium reimbursements, or about opting out of or enrolling family into their extended health coverage.
Thank you for your attention to these matters.
Employer Vaccination Policies Town Hall
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/
Mandatory Vaccination: Your rights and mandatory COVID vaccination policies
McMaster University has mandated all employees to be vaccinated by September, 2021 (or undergo regular negative testing).
- By October 18th, 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.
Unsheltered: The Zine
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.
Paid TA- MOSAIC update
TAs/RAs in lieu: if you haven’t seen your completed PAID TA training reflected in MOSAIC, it can take up to 2 business days. If, after that, you still don’t see it, you can click on the link provided in the FAQ (below) to submit a “ticket” to UTS.
Here’s a link to the FAQ: Mosaic-TA-Training-Module-FAQs_FINAL.pdf (mcmaster.ca)
Update regarding Unit 1 Paid Training Program
Dear TAs and RAs (in lieu),
In November 2019, your union secured 5 hours of paid training through collective bargaining. This could not have been secured without the support of the membership. The training program was first developed over this past summer and was implemented at the start of this term. When it was negotiated, the Union, in good faith, was led to believe that that training program would apply to all members of Unit 1, and we believe that the language in the Collective Agreement reflects this.
Unfortunately, McMaster does not seem to agree. As some of you may know, returning TAs/RAs (in lieu) in the Faculty of Engineering are being offered only 2 hours of paid training. Your Union believes this to be a clear violation of the Collective Agreement and strips people of access to 3 paid hours to which they are entitled under the newly established training program. As a result, CUPE has filed a policy grievance against McMaster to ensure that all Unit 1 members have access to 5 paid hours of training under the newly established program.
We will provide further updates as we are able.
Mandatory Vaccination- Accommodations and Exemptions Update
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.
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. We also strongly recommend that you have a look at the FAQ (specifically secton “4B”) about making an accommodation request. If you have any trouble making the request, please feel free to let us know and we can follow-up. You will be notified of the employer’s decision regarding the approval of the exemption or accommodation.
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 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 that decision, 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
Wanted: Department Stewards
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! 