Ontario, Canada: Another Arbitrator Upholds A Mandatory COVID-19 Vaccination Policy

In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer's mandatory COVID-19 vaccination policy. The employer's policy is subject to medical and religion/creed exemptions, and provides that non-compliant employees are to be put on unpaid leave pending a final determination of their employment status (up to and including termination of employment).  In its grievance, the union argued that the mandatory COVID-19 vaccination policy was an unreasonable exercise of management rights and infringed upon employees' rights to keep their confidential medical information private by having to disclose their vaccination status.  The arbitrator disagreed with the union and found the employer's vaccination policy reasonable.