Vax Mandate Arbitration Rulings Are Coming ｜ A Critical Compass Clip
Episode Stats
Words per Minute
150.75122
Summary
In this episode, we discuss a case where a nurse who chose not to be vaccinated against tetanus and pertussis was terminated for not showing up to work, and the arbitrator's reasoning behind the decision.
Transcript
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especially with a like six paragraph decision like you know if you're a lawyer and you want
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to bring this as a case forward there's not a lot of meat to provide another arbitrator or another
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judge being like oh look at what happened in this decision because there's not a lot there to
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justify that's why the context is so important in decisions like what was the reasoning behind it
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in here really you don't see a lot like i i actually if you don't mind maybe put the decision
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on the screen so people can see how incredibly short it was like this is the and this is on behalf
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of 46 uh or so workers nurses so the introduction this is fact now we got to the decision two pages
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boom you're done yeah and the the appendix is almost as long as the decision yeah so you know
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it's hard to really gleam a lot of information from that and i read it and it like that's where
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we already kind of clashed online when i said that doesn't really make sense and then it doesn't really
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provide that context you're looking for yeah well all um speaking of this you know how short this is
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i'm going to share my my little uh screed that i went on online here so i uh i took i took a screenshot
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and i highlighted this because i was just so righteously indignant when i read it so this is
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this is paragraph six and seven of this arbitration decision uh i'll read all of it people on the screen
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can see the highlighted parts uh so arbitrator uh whatever his name is says uh not surprisingly
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arbitrators have found that a requirement to be vaccinated against covet 19 in a health care setting
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is reasonable however no uh arbitral consensus has emerged with respect to the consequences for
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employees who chose not to be vaccinated or disclose their vaccination status as i pointed out at the
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hearing each case is different and must be assessed on its specific facts namely after the policy is
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reviewed the specific circumstances of the workplace are assessed and as is the manner in which the
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discipline was imposed based on the very unique circumstances at william osler health system i find
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that the grievers in this matter were terminated for just cause the employees chose not to be
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vaccinated and as a result they were not reasonably available to attend at work which at a minimum
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severely and negatively impacted the employment relationship that being said the individual
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grievers were misguided and their conduct was not with any malicious intent so i read this and and i
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just oh it made me so mad because i was like okay so this is a person who he just like he just
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fundamentally doesn't understand in my opinion the the point what he that he is arbitrating against because
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this i i don't believe that any of the individual grievers would themselves describe would describe
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themselves as misguided in their conduct uh i i agree that i said in the in my little bit here that um
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that's the only part that he gets right is because
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they were not miss they were not uh acting with any malicious intent but this notion that they were
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uh uh misguided or or you know the the kind of the implication that they were just misinformed or
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they were propagandized or whatever the case may be i just don't think that that's right and i don't
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think that that is the point of why they behaved in the way that they did well great mike so you don't
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have to argue it because there's decisions that already say what you're saying and i just pulled
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up the uh teamsters and purolator one that we were um just talking about to give you context that one
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at least on line oh how when it turns it into a pdf like it has a table of contents telling you how big
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it is how long it is 569 pages possibly for that oh here 196 pages yeah
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and this is where you could get actual context and i actually love that we we saw that one and
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that's interesting to see your reaction to like that's not fair that's not right
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and um although one thing i would say about it too is the result was good so if you're one of those
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grievers like accept your win take it because going through litigation is never fun so that's another
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thing um you know we there's always opportunity and that's why i'm so excited about talking about these
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things and hopefully with my book is i think that the more we challenge these things the more we get
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there so we shouldn't expect everything solved in one case at one time but we have to keep challenging
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things to get you know there's a lot of gray in these things and we have to keep figuring out finding
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that balance where it's right but like this is a decision we could talk about oh yeah this is
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can you see the the the cursor on on the live thing look at how small that bar is