Bulletin
**REVISED** BCH & Powertech – Vaccination Mandate Update – Section 54 Application and Policy Grievance
January 20, 2022
To: All MoveUP members at BCH & Powertech
This is an update to our previous bulletin dated November 26, 2021.
Your union filed a policy grievance on November 18, 2021, based on the legal opinion we received, on the reasonableness of certain aspects of the mandatory vaccination policy implemented by your employer. We also filed a Section 54 application on November 9, 2021 with the BC Labour Relations Board (BCLRB) regarding your employer not providing the required 60-days’ notice for the parties to engage in adjustment plan discussions.
A stage 3 grievance meeting was held on November 24, 2021, where we requested a resolve which would allow our undeclared or unvaccinated members to either continue to work from home or be able to rapid test. We also discussed your employer’s mention of possible termination within the policy. We received a written denial of the grievance on December 7, 2021. We continue to confer with our legal team as the grievance has been referred to arbitration and Arbitrator Gabriel Somjen, Q.C. has been appointed as the Arbitrator in respect of the matter pursuant to Section 104(4) of the Labour Relations Code.
A mediation on the section 54 application was held by the parties on January 6, 2022. As a result of the discussions, the following agreement was reached between the parties:
- Members on leave without pay since November 23, 2021, due to BC Hydro’s vaccination policy can now request payout of their time banks by emailing payroll@bchydro.com. If they wish to request more than one payout, they will need to request that through the payroll office;
- Members currently working, who had received their first vaccination, but had not yet received their second vaccination by the January 10, 2022 deadline may continue to work as long as they provide the employer with confirmation of a scheduled date for their second vaccination, and;
- No union member’s employment may be terminated for being unvaccinated pursuant to the terms of the policy until a decision on the policy is issued by an arbitrator.
Throughout this process we continue to advise our members to follow the advice of the Public Health Officer and have encouraged everyone who is able to get vaccinated, to do so. Vaccines are a proven, safe, and effective way to combat the spread of COVID-19 and to prevent serious illness.
COVID-19 has turned our lives upside down, and in some cases has created a division amongst our friends, family, and co-workers. We request that you show respect, take a moment, breathe, and treat others as you would like to be treated. Stay safe and we will communicate once we receive further updates.
In solidarity,
Cheryl Popeniuk, Senior Union Representative
Mike Novak, Union Representative
April Young, Union Representative
Javed Saheb, Union Representative
Alina Teymory, Union Representative