An arbitration decision this week has ruled that an Ontario employer did not violate a union agreement by imposing a COVID-19 vaccine mandate on a Toronto arena worker by suspending the worker without pay for not revealing his vaccination status.
The case involved an employee of Maple Leaf Sports and Entertainment (MLSE). The worker is employed at the Scotia Bank Arena in Toronto. In the fall, the employer imposed a new policy that arena workers would need to be fully vaccinated.
One employee refused to provide his vaccination status to a secure third-party agency acting on behalf of the company, court documents reveal.
MLSE responded by placing the worker on unpaid leave of absence. Teamsters Local 847 filed a grievance on behalf of the employee saying that the workplace violated his seniority rights along with provisions of the collective agreement.
A hearing was held on Jan. 5. The decision by sole arbitrator Norm Jesin dismissing the grievance was reported on Jan. 12.
"It is clear that the weight of authority supports the imposition of vaccine mandates in the workplace to reduce the spread of COVID-19. That is particularly so where employees work in close proximity with other employees, as they do in this case," Jesin wrote.
Jesin said the employee needed to provide his vaccine status in order for the employer to make a "reasonable" determination if that employee could continue to work with others on the team at the arena.
"It seems to me that by opposing the disclosure of vaccine status the union is indeed challenging the vaccine mandate. I do not see how the employer can enforce a vaccine mandate without requiring disclosure of an employee’s vaccine status. Without that information it cannot ensure that all employees are vaccinated," Jesin continued.
He added the employer had taken steps to ensure that the confidential information on the employee was being gathered in a secure manner and procedures were in place to ensure confidentiality.
"For all these reasons it is my determination that the employer has not violated the collective agreement or any relevant legislation by requiring the grievor to disclose his vaccine status and by placing him on an unpaid leave of absence for refusing to disclose his vaccine status. Accordingly, the grievance is dismissed," Jesin said.
