The B.C. Ferry and Marine Workers’ Union is grieving the dismissal of a vaccine-hesitant worker who travelled to the U.S to get a dose of their preferred Johnson & Johnson vaccine — then quarantined for two weeks without having booked those days off.
According to union president Eric McNeely, the B.C. Ferries’ employee learned on Oct. 22 that all workers would need to be vaccinated in order to keep their jobs. Transport Canada later stated the first dose would have to be administered by Nov. 15.
McNeely told Postmedia that the worker — who is also a shop steward with a clean discipline record — was “vaccine hesitant” and wanted a J&J vaccine and not the Moderna, Pfizer or AstraZeneca alternatives.
At that time, despite being approved by Health Canada, the J&J one-dose vaccine was not available in B.C. but could be accessed in the U.S. It became available in limited doses in B.C. in mid-November.
McNeely said the worker had a scheduled day off on Oct. 28 and planned to fly to Bellingham to get a J&J shot, but was unable to leave until Oct 29 because of bad weather. They requested that day off by email, which was “atypical,” he said.
The member crossed back into Canada by car on Oct. 29, at which point they were told that they would have to quarantine for two weeks, as the J&J vaccine was only considered effective after 14 days.
“The member had hoped that they would not need to quarantine, but upon transiting the border, it was confirmed they were considered unvaccinated at the time of crossing and as such the quarantine requirement was directed,” McNeely said.
As a result, the member did not report for 11 shifts, three of which were pre-approved vacation.
McNeely said that on Dec. 1 the member was terminated.
According to a partial transcript provided by the union, B.C. Ferries told the member, “We have concluded that your decision to travel to the United States was planned and coordinated.
“We believe that you were fully aware that you would be subject to the requirement to quarantine upon return to Canada and yet you failed to request and receive approval for the time off.
“Furthermore, you provided minimal information in an effort to manipulate your communications with the company. Not only have you not demonstrated any accountability for your actions, we have concluded that your actions constitute a form of retaliation against the company.
“Consequently, as a result of your actions, we have concluded that your conduct is a direct violation of the company’s core values of honesty and respect, resulting in irreparable damage to the employer/employee relationship. As such, your employment with B.C. Ferry Services Inc. is hereby terminated, effective immediately.”
The following day, the union accused the company of “excessive, unwarranted discipline in the form of termination” and on Dec. 7 filed a termination grievance.
According to B.C. government leave of absence and paid sick-day rules — updated on Oct. 26 — a worker does not have to give advance notice to take unpaid leave due to COVID-19 quarantine.
A worker is also entitled to three days of paid leave while quarantining.
“This union member spent significant personal savings to travel to receive their vaccine of choice, approved by Health Canada, in the USA and was unavailable to work for eight working days due to government quarantine requirement,” McNeely said in a prepared statement.
“If they had waited with their crystal ball for the J&J vaccine in Canada as of 15 November, they still would not have been able to work as per internal policy until they had a vaccine. This is an example of someone who made a medical choice during a stressful and uncertain time in order to continue their employment and meet a vaccine mandate at B.C. Ferries, who has now been unfairly terminated.”
In a prepared statement, B.C. Ferries CEO Mark Collins said that around 50 of the company’s 5,000 employees were unvaccinated.
“A small number of employees are seeking accommodations and these cases are currently being reviewed,” Collins said. “No employees have been granted exemptions at this time. No employees have been terminated for actions related to vaccination.”
A B.C. Ferries spokesperson, when asked about this case, said the company does not discuss personnel matters.
