In Bunge Hamilton Canada, Hamilton, Ontario v.
United Food and Commercial Workers Canada, Local 175,1 the arbitrator found that a
mandatory vaccination policy requiring unvaccinated unionized
employees to be placed on unpaid leaves of absence pending a final
determination of their employment status was
reasonable.
Background
Bunge Hamilton Canada (the "Employer") operated two
oilseed processing facilities that were located across the street
from one another. The north location was leased from the federally
regulated Port Authority, while the south location was wholly owned
by the Employer.
In November 2021, pursuant to Transport Canada directives, the
Port Authority issued a letter to its tenants and contractors,
requiring their respective employees operating on its property to
be fully vaccinated against COVID-19 by January 24, 2022, subject
to medical exemptions. Although this directive only applied to the
north location, the Employer introduced a mandatory
