Although the MyAPSChoice Group don’t agree with the minimal effort displayed by the AUPE thus far nor their capacity / appetite to intervene legally, here is an excerpt from a personalized request for support.
MyAPSChoice have an opposite perspective on the AUPE’s dissimilarity between unpaid leave and termination. Both are intrusive, coercive, disciplinary and financial consequential. AUPE is playing with semantics vs. reality at the risk to employees.
MyAPSChoice encourages you (if you are an AUPE union member) to challenge Mr. Dempsey on his interpretation that unpaid leave is “non-disciplinary”. This is contrary to exiting GoA procedures on progressive discipline. We also recommend you immediately contact your MSO to file a grievance and a personalized Human Rights complaint should you be threatened to be placed on leave without pay.
“…Good afternoon, and thank you for the question.
AUPE has an obligation to protect the employment rights contained in Collective agreements, labour legislation, OHS legislation, and human rights legislation. AUPE also recognizes the rights of employers under those same four areas. As an organization AUPE believes in protecting the OHS rights of all workers. Employers cannot be “told” they cannot enact policies that require conditions of employment. What they “must” do is protect both the process of discipline in those policies (collective agreements have provisions on discipline) and human rights. AUPE is committed to defending members in those arenas. This starts with members filing grievances of any perceived violation of their employment rights.
As an organization we have no capacity under law, to argue the science of the policies being imposed or the beliefs held by our members. AUPE has categorically informed our various employers we will not allow our members to be dismissed from employment without the proper steps being taken in the grievance processes contained in the collective agreements. Termination because a member refuses to take the vaccine ( which is their right under the Charter) would have to follow the CA as that would be considered disciplinary and AUPE will defend members from that. The policy for requiring vaccination is placing a member on an unpaid leave, not termination, for violating their condition of employment.
If you feel that a violation of the collective agreement has occurred, reach out to you MSO (Member Servicing Officer) to file a grievance. If you feel that you have a human rights Complaint you will have to initiate that by filing a complaint with the Human Rights Commission. Your MSO can assist you with this as well. Your MSO can be reached by contacting the Members Resource Centre, 1 800 232-7284.
If you have further questions, do not hesitate to reach out. My information can be found below.