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Arbitrator Rules Against Mandatory COVID-19 Vaccination Policy

The Electrical Safety Authority’s mandatory vaccination policy was unreasonable to the extent employees could be fired, disciplined or placed on unpaid leave for refusing to comply, the arbitrator ruled. Unlike in Paragon, the employer in this case, a non-profit responsible for electrical safety, couldn’t prove it had a real and demonstrated risk or business need justifying the policy’s strict enforcement provisions. There was never an outbreak in the workplace, most employees were vaccinated voluntarily and many employees continued to work remotely, the arbitrator reasoned [Electrical Safety Authority v. Power Workers’ Union, Grievance ESA-P-24, November 11, 2021].