Union fights BC Ferries after worker fired for vaccination quarantine
BC Ferry and Marine Workers’ Union said the employee did not expect to be quarantined after traveling to the United States to be shot by Johnson & Johnson
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The BC Ferry and Marine Workers’ Union mourns the dismissal of a worker hesitant to get vaccinated who traveled to the United States to get a dose of their favorite Johnson & Johnson vaccine – then quarantined for two weeks without being reserved these days off.
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According to union president Eric McNeely, the BC Ferries employee learned on Oct. 22 that all workers should be vaccinated in order to keep their jobs. Transport Canada later said the first dose should be given by November 15.
McNeely told Postmedia News the worker – who is also a shop steward with a clean criminal record – was “vaccine hesitant” and wanted a J&J vaccine and not the Moderna, Pfizer or AstraZeneca alternatives.
At that time, despite its approval by Health Canada, the single-dose J&J vaccine was not available in British Columbia, but was accessible in the United States. It became available in limited doses in British Columbia in mid-November.
McNeely said the worker set aside October 28 as a vacation day to travel to Bellingham to get a photo of J&J, but was unable to leave until October 29 due to bad weather. They requested the day off by email, which was “atypical,” he said.
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The member returned to Canada by car on October 29, when he was told he would have to quarantine himself for two weeks as the J&J vaccine was only considered effective after 14 days.
“The member had hoped that they would not need to quarantine, but when crossing the border it was confirmed that they were considered unvaccinated at the time of crossing and as such, the quarantine requirement was imposed, ”McNeely said.
As a result, the member did not show up for 11 shifts, three of which were pre-approved vacation.
McNeely said that on December 1, the member was fired.
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According to the union, BC Ferries told the member, “We found that your decision to travel to the United States was planned and coordinated.
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“We believe you were fully aware that you would be subject to quarantine requirement upon your return to Canada and yet you did not request and receive approval for the leave.
“In addition, you have provided a minimum of information in order to manipulate your communications with the company. Not only have you failed to demonstrate any responsibility for your actions, but we have concluded that your actions constitute a form of retaliation against the company.
“Therefore, as a result of your actions, we have concluded that your conduct is a direct violation of the core values of honesty and respect for the company, resulting in irreparable damage to the employer / employee relationship. As such, your employment with BC Ferry Services Inc. is hereby terminated with immediate effect.
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The next day, the union accused the company of “excessive and unjustified discipline in the form of dismissal” and on December 7 filed a dismissal grievance.
According to BC government rules on paid sick leave and sick leave – updated Oct 26 – a worker does not have to give notice to take unpaid leave due to the COVID quarantine – 19.
A worker is also entitled to three days of paid leave during quarantine.
“This union member spent significant personal savings traveling to receive the vaccine of his choice, approved by Health Canada, in the United States and was not available for work for eight working days due to the requirement to government quarantine, ”McNeely said in a prepared statement.
“If they had waited with their crystal ball for the J&J vaccine in Canada until November 15, they still could not have worked according to internal policy until they had a vaccine. This is an example of someone who made a medical choice during a stressful and uncertain time in order to continue their employment and fulfill a vaccine tenure at BC Ferries, which has now been unfairly terminated. “
In a prepared statement, BC Ferries CEO Mark Collins said about 50 of the company’s 5,000 employees were not vaccinated.
“A small number of employees are seeking accommodations and these cases are currently under review,” Collins said. “No employee has benefited from exemptions yet. No employee was dismissed for actions related to vaccination.
A spokesperson for BC Ferries, when asked about the matter, said the company was not discussing personnel issues.
