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

On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union's policy grievance and upheld a mandatory COVID-19 vaccination policy on the grounds that it was reasonable and did not breach the collective agreement (CA). Paragon is the first award of which we are aware that does so and provides valuable information to employers that have implemented mandatory COVID-19 vaccination policies or plan to do so.

Background

The defendant employer is a security company that employs 4,400 unionized security guards who work at 450 client sites in Ontario. On September 3, 2021, the employer issued a notice to its employees advising them: (i) of the implementation of a new policy ordering them to be fully vaccinated against COVID-19 by October 31, 2021 (Policy); (ii) that during the week of September 6^th they would be receiving a declaration form that was to be