A former Penticton support worker who claimed discrimination for refusing to take the COVID-19 vaccine has had her complaint against the B.C. General Employees' Union dismissed by the Labour Relations Board.
According to the Nov. 22 decision, Amie Harbor claimed that her employer had constructively dismissed her for failing to disclose her vaccination status, and alleged that the union had provided bad faith and discriminatory representation when she filed a grievance with them.
Harbor started work for Thomspon Community Services (TCS) in 2018 and stopped in 2021 after the public health order requiring vaccinations against the ongoing COVID-19 pandemic went into effect.
Ahead of the order coming into effect, Harbor declined to share her vaccination status with her employer and had informed them that she was seeking an accommodation due to her "strongly and conscientiously held political beliefs" that align with those of the BC Libertarian Party.
To support her request, she attached a letter of support from Keith MacIntyre, the party's leader.
According to the Labour Relations Board's decision, Harbor's employer then informed her that before it could make an accommodation assessment, needed her to disclose her vaccination status.
TCS also requested evidence of more long-term involvement with the BC Libertarians, asking for any membership receipts or documentation.
"In terms of the letter of this date from Mr. MacIntyre, we have received several very similar letters and will require more substantive evidence of your long-term political belief and participation with the British Columbia Libertarian Party," TCS was quoted as saying.
TCS also noted in its reply to Harbor's accommodation request that she should notify the union of her request and also asked how her case was different from a BC Human Rights Tribunal case heard already that year.
Harbor did not provide any of that information, and once the deadline arrived, was placed on an unpaid leave due to failing to meet the requirements of the provincial health order.
A year later, Harbor went to the union to ask about filing a grievance over the issue. The union then contacted TCS, which informed both them and Harbor that it remained willing to end the leave should the public health order be lifted or if Harbor discloses her vaccination status for TCS to do an assessment.
A month after that, Harbor officially filed a grievance claiming that TCS had constructively dismissed her from employment, discriminated against her, psychologically harassed and terminated without cause.
All of the claims were denied by TCS, and the union initially forwarded the case to arbitration, before deciding otherwise.
A staff representative then informed Harbor that the union had decided against going to arbitration after further review and multiple other arbitrations that had found ineligibility to work under a public health order offering just cause for termination.
Harbor then appealed the decision not to go to arbitration to the Union's Area Grievance Appeal Committee, which finally dismissed the appeal in February of 2024.
The provincial appeal committee declined to hear a further appeal of the area committee's decision.
As a result, Harbor brought forward a complaint against the union, claiming that they had made representations and responded to her grievance based on "a pre-determined, discriminatory position regarding employees and vaccine choice."
To back up her argument, she pointed to publications made by the union in advance of the public health order taking effect which had sections pointing out accommodations could be applied for on a medical basis, which Harbor argued disregarded political beliefs.
The Labour Relations Board rejected Harbors arguments, stating that the staff representative had explicitly considered her accommodation request for her political beliefs, and came to the decision not to advance the grievance to arbitration due to a lack of compelling evidence of success.
"Similarly, the GAC considered the issue of the applicant91ÂãÁÄÊÓƵ™s request for an exemption due to her political belief in its decision dated February 1, 2024," reads the Board's decision. "Again, there is no indication in the GAC91ÂãÁÄÊÓƵ™s response to the Applicant that it relied on a view that there could be, or should be, no exemptions for pollical beliefs."
The board also noted that Harbor had waited a year before filing the grievance, that Harbor had not disclosed her status to even begin the accommodation assessment, and that she had not provided any additional material as requested by TCS.
