A legal challenge by the union representing more than 400 Coca-Cola employees in British Columbia’s Lower Mainland over the company’s vaccination policy has been dismissed by the Labor Relations Board.
In October 2021, Coca-Cola implemented a national policy requiring employees to be fully vaccinated against COVID-19. If employees are not fully vaccinated by January 1, 2022, they may face discipline, including suspension and termination.
Teamsters Local 213 argued that the policy should be struck down because it is unreasonable for an employer to force employees to undergo medical procedures in order to continue working. He also argued that Coca-Cola had failed to consistently enforce the policy.
The challenge involved factory workers in Richmond, Coquitlam and Chilliwack.
Coca-Cola claims the policy is necessary to protect employees. The policy was put in place after major outbreaks at multiple facilities.
Across Canada, there have been many similar challenges to vaccination policies, as unvaccinated employees face an uncertain future with their employers.
Politics was a “rough invasion”: alliance
The union’s main argument was that the benefits of the vaccination policy failed to outweigh the “gross invasion” of the “coercive medical procedure,” according to the ruling.
He said coronavirus infection rates at the Richmond and Coquitlam facilities were low before the peak in January 2022. After the spike, it was unclear how many infections were among vaccinated or unvaccinated employees, he added — and after all unvaccinated employees were removed from at the end of January, the virus continued to spread.
“This … is evidence of the Policy’s failure to achieve its primary objective of preventing the spread of COVID,” the union argued.
The union also said Coca-Cola failed to consistently enforce the policy because some employees who work exclusively at home were accommodated and not placed on leave.
But arbitrator Randall Noonan did not accept that argument because the policy clearly states that it applies to all employees entering the main office or any facility.
Teamsters Local 213 represented Coca-Cola employees at facilities in Coquitlam, Richmond and Chilliwack, British Columbia. The union said the company’s vaccination policy amounted to “gross invasion”. (Nathan Dennett/The Canadian Press)
Testimony of a long-term employee
Alek Kaloesnichenko, an employee with over 30 years of experience, testified for the union.
The father of four said he had been off work without pay since late January because he refused to get vaccinated. In December, Kaloesnichenko, his wife and daughter contracted COVID-19, he said.
“The immunity, once you get it, is as strong or stronger,” he said, even though many people have been sick with COVID-19 multiple times.
“After surviving COVID, I didn’t want to take any chances [with the vaccine].”
During his testimony, Kaloesnichenko said he did his own research and found sources he trusted.
“Bill Gates has stated many times that the vaccine is not effective,” he said.
Noonan, however, was unmoved by the witness’ testimony about the Microsoft founder.
“Without disrespect to this witness or others who may agree with him, this evidence is of little or no value,” he wrote, because the allegations were not properly admitted and tested at the hearing.
Gates supports vaccination and through January 2021, his foundation has committed US$1.75 billion to the global response to the COVID-19 pandemic, including through funds for the COVAX vaccine sharing initiative, co-led by the World Health Organization, and through direct support for some vaccine manufacturers.
The policy is sensible: arbiter
In his decision, Noonan wrote that both sides failed to present experts to testify about the efficacy of the vaccination.
“When there is no better scientific evidence properly before an employer, when a policy is adopted or before an arbitration board, the best evidence is the statements and orders made by the appropriate authorities, such as the provincial health officer,” he wrote.
Provincial health officer Dr. Bonnie Henry says vaccination remains the main defense against the spread of COVID-19.
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