Value to Members – Vaccination Mandate: Excerpt from the missing Board of Directors meeting Minutes (2021-11-03)
Missing BoD Meeting Minutes – Found! They contain a wealth of insightful information on the Union’s senior executives' positions and efforts related to the just announced Mandate.
I am pleased to report that, with the assistance of the Executive Assistant to the Executive Secretary, I have located the minutes from the PIPSC Board of Directors meeting held on November 3, 2021. This meeting occurred shortly after the Trudeau government's announcement of vaccination mandates, which have significantly impacted many members’ lives.
These minutes are of particular importance as they capture the Union leadership's immediate response to the vaccination mandate. This response included a four-page segment (out of the total 11 pages) dedicated solely to the mandate, featuring:
A comprehensive presentation by Marie-Hélène Tougas, Chief Employee Relations Officer (ERO):
She was invited specifically for this meeting to provide expert insight on the implications of the mandate and potential avenues for action.A roundtable discussion among board members:
This exchange offered a glimpse into the positions, priorities, and proposed actions of senior Union executives regarding this urgent issue.
Highlights and Next Steps
The minutes contain both commendable ideas and points that raise questions or concerns. I’ve included a PDF excerpt, annotated with highlights for clarity:
Green highlights:
Ideas and actions that deserve recognition and appreciation. These represent proactive steps I would like to follow up on to understand their outcomes and subsequent developments.Blue highlights:
Points that prompt questions about their origin or intent.Red highlights:
Areas of concern that require further investigation to clarify their reasoning and implications.
What’s Next?
I plan to delve deeper into these discussions to uncover:
Which initiatives from this meeting were pursued further and to what extent?
Why certain promising proposals did not advance?
The rationale behind controversial decisions or omissions.
The information in these minutes provides better understanding of the Union’s efforts and challenges during this critical period. Critically, it allow us to see what was done and what was not done as originally discussed by the executives at this meeting.
Related articles:
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
BOARD OF DIRECTORS MEETING
November 3-4, 2021
Page 5
9 Value to Members
9.1 Vaccination Mandate
Marie-Hélène Tougas, Montreal Office ERO, joined the Board for this discussion and provided information in terms of how the Institute is addressing the cases of members negatively impacted by the mandatory Vaccination Policy (the Policy).
Page 6
The Treasury Board (TB) Vaccination Policy needs to be adhered to in order to ensure the safety and security of all public servants and it falls under management’s rights to implement.
The Policy was not implemented by PIPSC, who had no choice but to react and adjust. PIPSC supports vaccination with necessary exceptions and will continue to ensure that members’ rights are respected and protected as much as feasibly possible. Privacy rights have been respected by TB to date however, exemptions to the Policy can be filed and will be considered.
In terms of duty of fair representation, when faced with health and safety situations, the employer has an obligation under the labour code to ensure a safe workplace. The union does not have to address every representation request but only those that represent the majority of members. Those who disagree are considered on a case by case basis to determine if they warrant grievances (based on merit).
As of November 16th, 2021, public servants not having attested to their vaccination will be put on LWOP and will receive a record of employment with “M” code (termination or suspension). The code will be used for administrative purposes only and members will be receiving the same benefits as if on LWP. There will be no terminations and it will be possible to file for EI. The Policy requests full vaccination and may include the requirement of a third dose moving forward.
Some were of the view that the TB Policy is divisive and failed in ensuring the health and safety of all members. There was no consultation with unions prior to implementation and even though some engaged with management from the start, there was limited information available from the employer.
Even though over 90% of public servants have attested to vaccination, as a union the Institute needs to support the minority, needs to protect collective agreements and should file a policy grievance, even if just for the record to send a message to TB.
Some raised concern with the fact that grievances would not be heard before members are actually put on LWOP. Even though the feedback and concerns from members was provided to TB, it has not been taken seriously by the employer and there has been no opportunity for anyone to adjust the Policy in the way it was implemented.
It was pointed out that many members are applauding the Policy and even feel it does not go far enough therefore they do not want their dues spent on fighting it. This said, the Institute also needs to represent these members and not only the minority who are against the Policy.
It was explained that PIPSC was put into a reaction mode vis-à-vis the Policy and after full review, determined that some “rights” did not have merits and could not be put in front of a tribunal.
Telework - The case law around telework shows a very low chance of being successful in Court. Very few jobs are completely remote as one can be called to the office at any time by the employer, even if evidence is presented to the contrary.
Accommodation - The law is also clear that any information pertaining to accommodation requests (medical) needs to be provided by the member, to the employer for consideration.
Religion – There is no legal ground on this front. Members have the choice to get vaccinated or not and personal beliefs are not grounds to avoid repercussions if the choice is not to get vaccinated.
Page 7
Some were of the view that the Institute’s support of the vaccination mandate was not necessarily the Board’s position. The Institute needs to represent all its members, whether or not the case or grievance is successful or not. As it stands, the Institute seems to be taking the choice away from members whether or not to fight their cause.
Some were unclear on how long members would be put on LWOP and whether members could move forward with their own grievances. Some felt that this could be interpreted as disguised discipline.
If members are not denied any accommodation request or are not put on LWOP, there would be no grounds to challenge. PIPSC can only react to situations that have occurred. Moving forward and as cases arise, attempts will be made to find common or solid grounds on which to file grievances. This said, it would not be useful to members to file grievances with no chance of success.
It was noted that at this time, it was unclear how many PIPSC members did not attest or did not want the vaccine based on medical or religious reasons. The information may be provided soon however, as advised by TB, it will not be broken down by bargaining agents.
Some were of the view that since Board members are stakeholders in this important matter, they should be involved from the outset and at every step. The Employer will likely not be cooperative and will make it difficult for members in the goal to force them to vaccinate. Furthermore, Stewards are not always familiar with the notion of duty to accommodate therefore, the Institute should provide the necessary tools and information to assist them in helping members in the workplace. Knowing what is coming ahead in mid-November, grievances could be filed now or be ready to be filed.
It was reiterated that duty to accommodate forms have to be provided by the employer and information provided by members. Although PIPSC does not have access to that information, it has been helping members in assisting on accommodation issues and trying to protect members’ rights. This said, although the Institute has no decision authority on accommodation requests, if the employer does not comply, there could be grounds to act.
In closing, it was noted that the case law ruled in favour of the Policy being deemed reasonable. It was further noted that the Policy would likely be in place only for the duration of the pandemic and will be reviewed in approximately six months (or sooner), when additional scientific information is available and provided. The Policy is not static and will evolve and may change or be adjusted moving forward.
The Institute will continue to monitor the situation and see what happens on November 15th, 2021, as a result of comments provided to TB. For now, the Institute’s position is to move forward with the six-month implementation period and if there are grounds to file grievances, it will do so. Things will be addressed on a case by case basis on how to best represent members and take positions accordingly. The Institute needs to take the time required to make the right decisions for the organization and for all members.
Given the importance of such a Policy and its impact on the membership, it was suggested that when such an important issue arises moving forward, the Board convene a special meeting to provide guidance to the organization and reassure members. Some found it unfortunate that the Board was not involved from the outset.
It was also suggested that the Institute put in place an open forum for members to voice their concerns and brainstorm with Board members on this issue. The entire organization should be acting in tandem and not in isolation to come up with some relief for members. It was also suggested that the Institute capitalize on its CLC affiliation to engage on this front.
…
page 11
Roundtable
Aubry –99.7% of public servants attested being vaccinated and 2,000 have not or are not vaccinated. A statement will be published by PIPSC on this.
Director Khan – Need to continue supporting members as a result of the vaccination policy
Appendix:
Email Communication Chain with the Executive Assistant to the Executive Secretary.
From: Dmitry O. Gorodnichy <dmitry.gorodnichy@gmail.com>
Date: Wed, Jan 8, 2025 at 9:47 PM
Subject: Re: Minutes from BoD 2021-11-03 meeting.
To: XXX
Cc: Office of the Executive Secretary
Happy new year, everyone!
I just logged to https://members.pipsc.ca/bod-2021/ and I can see now the missing 2021-11-03 minutes there. I have already read them and indeed they provide a wealth of information I was looking for.
Thank you very much
Dmitry
…
On Tue., Dec. 10, 2024, 12:37 XXX wrote:
Hi Dmitry,
We are on day 1 or a 2 day board meeting.
We will investigate when we have time.
Thanks.
XXX
On Tue, Dec 10, 2024 at 11:07 AM Dmitry O. Gorodnichy <dmitry.gorodnichy@gmail.com> wrote:
XXX
Would you know why Minutes for the NOV 2021 BoD meeting are not published on https://members.pipsc.ca/bod-2021/? (See below images and quotes)
Can you please share with them with me, if you can find them please
Thank you
Dmitry
…
