THUNDER BAY - A Thunder Bay Transit driver has filed a complaint with the Ontario Labour Relations Board after being placed on unpaid leave by the city for not following its COVID-19 vaccination disclosure policy.
The application claims the Amalgamated Transit Union Local 966 breached its duty of fair representation of the driver under the Labour Relations Act and also lists the city of Thunder Bay as the intervenor.
The driver was placed on unpaid leave of absence for refusal to provide proof of COVID-19 vaccination or participate in rapid antigen testing that was part of the city’s vaccination disclosure policy for transit drivers.
The city implemented the vaccination disclosure policy in September 2021, which required all city employees, councillors, and volunteers to disclosure their vaccination status or undergo regular testing. The policy also included COVID-19 vaccine education sessions for city staff. The policy was passed unanimously by city council.
The union and the city are requesting the Labour Relations Board dismiss the application based the claim that the driver has failed to provide evidence of a breach to the Labour Relations Act, that there is no labour relations purpose in inquiring further into the matter, and that there has been undue delay in the application.
The application is also claimed to be premature, with the union and city saying a grievance on behalf of the driver was in fact filed in November 2021 relating to his being removed from the workplace and the grievance remains active.
In an order released on Dec. 8, 2022, the Ontario Labour Relations Board has directed the driver to file submissions in response to the requests for dismissal by Thursday. The union and city are directed to file any reply submissions by Jan. 23, 2023.
