14 November, 2021

Dear Member;

As you know, Manitoba Hydro has come out with a COVID-19 Vaccination Policy (P613) on the 8^th of November.  In short, that policy deals with an attempt by the Corporation to provide a safe workplace for its employees and tries to avoid engaging in a moral or scientific debate on either side of the vaccination issue. Needless to say, this policy has raised significant questions which members have brought to the attention of the Union.
 
IBEW 2034 is concerned with the employment rights of all members and has been addressing how the policy affects you as an employee of Manitoba Hydro.  Consequently, we have sought a legal opinion on policy P613 and have identified, through this process, its areas of weakness and how they affect our membership.  Not all shortcomings of P613 necessarily go against prevailing labour legislation.  There is no doubt that some will find aspects of the policy troubling, but in many cases those aspects simply go against individual preferences.
 
One of the reasons for engaging legal counsel in this matter is to identify those failings of the policy that members have raised, and which have a likelihood of success at arbitration.  Legal counsel has been carefully consulting with other lawyers and analyzing rulings across the country to give us the most accurate and up to date information on how to proceed.
 
We have already filed grievances under the categories of “Failure to Act Reasonably”, ”Uniform Application of the Policy”, and “Altering the Conditions of Employment”.  On legal advice, we are keeping clear of areas that will likely be ruled permissible by the court and concentrating on those areas that can be legally supported and likely to succeed at arbitration.
 
Grievances however are not the only tool at the Union’s disposal to make sure that P613 does not transgress members’ rights as employees of Manitoba Hydro. We are in discussion with Hydro about several aspects of its policy and attempting to negotiate such things as “reasonable timelines” and the “privacy” of medical information.
 
It has been important to receive member feedback on this policy and your questions and concerns are welcome.  Only with everyone’s help will we be able to have a policy that does not infringe on workers’ rights.  We realize that it may not be to our liking or our preference, but IBEW 2034 is determined to at least make P613 as palatable as possible by ensuring that all our members’ rights are protected.
 
As a union that arose out of a need for safety in the workplace, IBEW 2034 has been mindful of its obligation to allow the employer sufficient latitude to take reasonable steps to protect the health and safety of its employees.  That said, the Union is working diligently to make sure the employer does not exceed its responsibility towards our members by imposing unnecessary and arbitrary conditions on their employment.

In solidarity,

Business Manager
IBEW Local Union 2034