We’ve considered various options of dealing with the situation when your manager or HR is forcing you to fill out the attestation, submit to a test or vaccinate.
Challenge the process Purolator used to create and justify their policy
There is an option to try to fight them on the company level, challenging the process and justifications, Purolator used to enact the COVID-19 policy. That could be done by using the following letter, which requests detailed justification on every element of the policy with relation to every particular position’s daily tasks.
If such an approach is used, you’d need to serve this letter to your manager and HR. Once they supply you with the documents requested, you challenge every part of it asking for specifics, stats, calculations, justifications and so on.
For example, ask them to clarify (in writing) which aspects of your position are dangerous if you are not vaccinated. Ask them to explain (in writing) what accommodations were explored, and why they determined that those accommodations would be considered “undue hardship”. Undue hardship is not an easy thing to prove as it is – you can’t just say something like “it costs more money for me to accommodate you”… no, it needs to be bigger than that.
However, the downside of this approach is that by challenging only the policy process, you’re in fact agreeing with the validity of such measures as mandatory vaccination status disclosure, mandated vaccination, and regular testing in principle.
Notice of Liability approach
Another approach is more global and challenges the validity and lawfulness of a requirement to disclose vaccination status, mandatory testing, and mandated vaccination requirement. That involves serving Notices of Liability to everyone trying to force you to disclose your vaccination status, submit to testing or get the vaccine; as well as to the higher-up management.
There are 3 separate notices of liability:
- Testing Notice of Liability
- Vaccine Notice of Liability
- Union Notice of Liability, which covers testing and vaccine issues together
The moment anybody comes by and starts bugging you about filling out the attestation or testing, or says you have to go home or tells you that you’re not allowed in to start work, start the process:
- Ask for a Steward and serve the manager with Testing NOL, and Vaccine NOL with Steward a s witness.
- Take Steward with you to HR and serve HR with Testing NOL and Vaccine NOL with Steward a s witness.
- If they insist on the disciplinary action, make sure you get a request for compliance or order to go home or whatever they want to give you IN WRITING + the current policy IN WRITING.
- File a grievance. If this particular Steward refuses to file a grievance for you, serve them with Union NOL and find another Steward that will.
- Go home
- Send the Testing NOL and Vaccine NOLs by Registered Mail to:
- John Ferguson – President of Purolator;
- Kenneth Johnson – SVP Chief Human Resource Officer
- Dr S. Chugg – Cheif medical officer.
It is important to stay calm and confident throughout the process. Be respectful, but know that many people on the other side are not really sure if they are doing the right thing. You need to increase their doubts by being super confident. Purolator is trying to bully us, so we have to bully it back to show that we’re not afraid and won’t roll over. The more non-compliance and pushback they see, the more willing will they be to abandon this policy.
You will need to print:
5 x Testing NOL
5 x Vaccine NOL
1 x Union NOL
When serving those letters, either video/audio record it or have a witness sign that they’ve been served. As far as I know, video and audio recording are allowed as long as you’re part of the conversation.
Which option is best for me?
While the first option seems logical and attractive, I’d opt for a second option as it better aligns with my vision of all the requirements being illegal and unacceptable. Which is best for you, only you can decide.
The bottom line
Do not quit your job!
And do not quit standing up for your rights!
UNITED WE STAND!
Disclaimer: There are no guarantees if you use any of these letters/processes. The Policy Objection Letter was not prepared by a lawyer, NOLs were. All content of this page is a personal view and opinion of a private citizen and not legal advice. Use at your own risk and be prepared to be terminated. If you’re terminated, you will be protected by the Union representation, and failing that, you can file a complaint with the CIRB. You can also be a part of the constitutional challenge (see the next action).
Questions? Comments? Suggestions? – Comment below.