Our anonymous plaintiff is an Air Canada employee and a union member of CUPE.
Air Canada recently announced a policy requiring the mandatory vaccination of all CUPE members.
The announcement was publicized in email and a press release.
The measures were described as follows:
"The decision to require all employees of Air Canada mainline, Air Canada Rouge and Air Canada Vacations to be fully vaccinated and report their vaccination status. Under the mandatory vaccination policy, testing will not be offered as an alternative. Failure to be fully vaccinated by October 30, 2021, will have consequences up to and including unpaid leave or termination."
This policy was not circulated among Air Canada employees, and flight attendants were not consulted about the impact this policy may have on their health, safety, privacy, and employment rights.
It's a union's job to advocate for its members to ensure that there is no unjustified intrusion on their rights. CUPE has arbitrarily refused to consult with, and advocate for its members, and has been completely absent in this matter.
Many CUPE members now face discipline up to termination if they do not comply with the Air Canada Press Release Policy.
Many have legitimate reasons why they cannot comply, including our plaintiff, who has recovered from COVID-19 and has medical confirmation which indicates that her natural immunity is a sufficient proxy for vaccination.
Others have medical conditions where they might not be able to be vaccinated or might not want to compromise pre-existing, complicated medical conditions with the mandatory vaccination policy.
Others may have legitimate religious or conscience views on the topic.
Finally, others might have legitimate concerns about an employer collecting such personal and sensitive health information without reasonable justifications.
The Air Canada Press Release Policy unreasonably intrudes on these CUPE members’ rights. Leaving CUPE members left to wonder if CUPE has prioritized its leadership's political views over its obligation to its members.
That's why we, in partnership with The Democracy fund, have taken on our plaintiff's case. We have hired a team of lawyers to fight vaccine mandates in court.
You can learn more about our plaintiff's legal proceedings and follow along for updates on this page.
Letter to CUPE: