This is a follow-up from our bulletin dated November 25 announcing that our Cease and Desist application against Canada Post’s mandatory vaccination practice was denied.
As per the jurisprudence, in order for a Cease and Desist to be granted, the Union must meet all of the five (5) criteria specified in clause 9.93 of the Urban collective agreement.
In a decision dated November 30, the arbitrator stated that two (2) criteria favoured the employer and denied the application.
Irreparable Harm (9.93 d)
As opposed to CUPW’s claim on irreparable harm, the arbitrator accepted the reasoning on irreparable harm contained in the Toronto Transit Commission (TTC) court case, which states that: