Hamilton

HSR union to challenge Hamilton's mandatory COVID-19 policy before arbitrator

The union representing HSR drivers has voted to challenge the city's mandatory COVID-19 vaccination policy before an arbitrator, describing it as "draconian" and "unfair."

City employees have until May 31 to provide proof of 2 shots or medical exemption

A person standing near a bus.
The union that represents the Hamilton's bus drivers has announced its plans to fight the city's mandatory proof of vaccination policy. (Bobby Hristova/CBC)

The union representing HSR drivers has voted to challenge the city's mandatory COVID-19 vaccination policy before an arbitrator, describing the policy as "draconian" and "unfair."

ATU Local 107 president Eric Tuck said the union has recommended members get shots since they were first offered, but has also been critical of the city's approach, suggesting it raises issues with workers' rights and "freedom of choice."

"This is just wrong," Tuck said in a media release Tuesday, describing the city's mandate as a "vax or get axed policy."

Roughly 800 HSR staff have been on the frontline throughout the pandemic, he said.

"They served the public loyally, at great personal risk in the early days, and now the city seeks to terminate them."

Last month, Hamilton councillors voted 12-2 in favour of a policy that requires city staff to provide proof of two doses of a COVID-19 vaccine or a valid medical exemption by May 31. Those that don't will lose their job.

In a statement released after the vote, Mayor Fred Eisenberger said the city is committed to ensuring its work environment is as safe as possible, pointing to the policy.

"I encourage all our employees who are not yet vaccinated to do so as soon as possible," he said. "It will help protect you, your coworkers and your loved ones."

A spokesperson for the city said Wednesday that 88 per cent of HSR employees are fully vaccinated.

Seventy-eight employees are taking part in rapid testing while 19 are on unpaid leave.

Tuck said the testing approach was "less invasive," adding he believes the city hasn't provided a "reasonable" explanation for the change to mandatory shots.

During the special council meeting where the vaccination policy was approved, Lora Fontana, Hamilton's executive director of human resources, said the city had been receiving free tests from the province but noted supply was becoming scarce.

She also said there are questions about whether the testing, which has been happening on Mondays and Thursdays, was effective.

"We feel this may not be enough to ensure a safe work environment," she said at the time.

Tuck called on the city to reconsider its policy.

HSR is already struggling to maintain staffing levels, leading it to temporarily reduce schedules on 18 routes.