Arbitrator strikes down Stellantis COVID-19 vaccine mandate

A COVID-19 vaccine mandate for Canadian Stellantis employees that was fought by some Unifor locals has been struck down by an arbitrator in a decision made after "careful review and not without considerable personal reservation."

Arbitrator Marilyn Nairnsided with Fiat Chrysler Automobiles Canada, theStellantissubsidiary, in concludingthat the two-dose COVID-19 vaccinepolicywas reasonable at the outset,and continued to be reasonable.

But following a review of evidence surrounding waning immunity and the effect of the Omicron variant, she concludedthere was"negligible difference" in the risk of transmissionbetween receiving two doses of a COVID-19 vaccineand remaining unvaccinated, and therefore the policy was no longer reasonable.

"This decision should in no way be taken as support for remaining unvaccinated against COVID-19, absent a legitimate exemption," she wrote.

Under her decision, the policy will no longer be in effect as of June 25.

Last month, Nairn heard arguments from Unifor and the automaker, which announced the vaccination policy in October of last year.

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Under that policy, workers, contractors, service providers and visitors at all Canadian sites were to provide proof ofvaccination. More than 300 employees of Stellantiswere suspended without payfor not getting vaccinated or refusing to share their vaccination status.

In a statement, a spokesperson for Stellantis said the company was pleased that the policy was found to be reasonable and would be reviewing the decision before determining next steps.

"Stellantis takes its obligation to provide a safe and healthy working environment for its 9,000+ employees throughout Canada seriously," saidLouAnn Gosselin, the company's head of communications for Canada.

Unifor Local 444, which represents workers at the Windsor Assembly Plant, was one of several locals thatfiled a grievance over the policy, including Unifor Local 195, the Windsor security unit, and Unifor Local 1285, the Brampton Assembly Plant. Those grievances were later consolidated into one.

Dave Cassidy, president of Unifor Local 444, called the decision a victory. He said the grievance was filed becausethe union felt from day onethat the mandate was unreasonable.

"Many people thought that we should not take it on, that it was not winnable, they saw all the case history, all the history around it, and we felt that, you know, people cannot just lose their job because of a choice that they make," he saidin a video posted to Facebook.