The union that represents the majority of TTC workers will go to court to temporarily prevent the transit agency from suspending or firing employees who do not follow its mandatory COVID-19 vaccination policy.
Under the TTC vaccine mandate, employees who have not received their vaccinations can receive unpaid leave, beginning November 21. As of December 31, those who have not yet complied will be fired for cause.
In a request filed Thursday, Amalgamated Transit Union Local 113, representing about 12,000 TTC workers, asks the Ontario Superior Court of Justice to force the transit agency to pause enforcement of the policy until an arbitrator decides on the complaint the union filed in September challenging the vaccine mandate. Alternatively, he asks the court to pause the execution for 60 days.
Local 113 has opposed the vaccine mandate since the TTC announced in August that it planned to implement one, and union leaders initially ordered members not to disclose their vaccination status to management.
But in a statement Thursday, Local 113 president Carlos Santos said the court request is not about opposition to vaccines.
“As a union, it’s about protecting 2,000 jobs and the means of dedicated transit workers to support themselves, their families and loved ones,” he said.
“While ATU Local 113 supports COVID-19 vaccines, we stand firm in our belief that getting vaccinated should be the personal choice of each worker. As a union, we have a duty to support our members and protect their rights. “
The TTC did not immediately respond to a request for comment Thursday afternoon.
According to the union’s request, as of Oct. 21, less than 84 percent of Local 113 members had disclosed their immunization status, meaning more than 1,900 employees had yet to comply with the mandate.
Local 113 filed a complaint against TTC’s mandatory vaccination policy on September 10, three days after its introduction, arguing that the policy violates the union’s collective bargaining agreement, the Charter, the Occupational Health and Safety Act, and other legislation. .
The union says it has done everything it can to speed up complaint procedures, but the TTC has not done so. Last week, an arbitrator granted TTC’s request for a stay, and Local 113 argues that the complaint will not be decided before November 21, when the transit agency intends to begin issuing suspensions.
In its court filing, the union argues that if your request for a court order is not accepted, even if you ultimately succeed in your complaint, “it will be too late for many of our members” and approximately 2,000 workers “will be coerced into receiving an unwanted medical procedure or lose your income on November 21, 2021 and employment on December 31, 2021. ”
The union maintains that both results “constitute irreparable damage.”
Reference-www.thestar.com