In this case, Black Gropper represented MoveUP (the “Union”) in a successful policy grievance against BC Hydro and Powertech Labs (the “Employers”). The grievance challenged the Employers’ mandatory vaccination policy (the “Policy”), arguing that MoveUP members who have the ability to work remotely should be carved out of the Policy.
Deciding in favour of the Union, Arbitrator Somjen accepted that it is appropriate and practical for unvaccinated employees who worked exclusively from home during the height of the COVID-19 pandemic be carved out of the Policy and be given the opportunity to continue to work remotely; as well as employees who work outdoors and have no in-person contact with others. This decision emphasized the economic and social impact of being placed on unpaid leave, which made the Policy more coercive than a simple “choice” to be unvaccinated, determining that carve outs are a less intrusive method of accomplishing the Employers’ health and safety goals.