Union does not breach duty of fair representation because it reaches decision employee disagrees with'
On Oct. 13, vice chair Karen Scott’s panel dismissed a University of Alberta worker’s challenge to a COVID vaccine settlement she had already signed.
In the fall of 2021, the University of Alberta introduced a COVID-19 vaccine directive. A developer/programmer in the non-academic staff sought a religious exemption from the vaccination requirement. It was denied, and she was placed on a leave of absence without pay. The directive was ultimately suspended on Feb. 28, 2022.
The worker contacted the University of Alberta Non-Academic Staff Association between November 2021 and February 2022. The union prepared an individual grievance seeking “compensatory and exemplary damages” and for the worker “to be made whole in all aspects of service, seniority, wages, benefits and any other rights and privileges under the terms of the collective agreement.” After reviewing the draft, she responded: “Everything looks good to me in this grievance.” The union filed it in February 2022.
The union also filed a broader policy grievance on behalf of roughly 105 employees placed on unpaid leave under the directive. The individual grievance was held in abeyance pending the outcome.
A hearing for the policy grievance, scheduled for Dec. 9 and 10, 2024, was cancelled. The union and the university continued negotiating and reached a settlement in early March 2025...
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