By Alessia Proietti

Over 100 employees sign petition

City of Red Deer employees petition against immunization policy

Nov 26, 2021 | 4:08 PM

An anonymous group of City of Red Deer employees have submitted a petition against a mandatory immunization policy.

The City has said Immunization Policy 2224-CA aims to relieve pressure on the local health care system and protect the health and safety of all City staff and volunteers, including those working from home.

It comes into full effect Nov. 28.

The petition, meantime, was submitted to Interim City Manager Tara Lodewyk via email on Oct. 13, after employees were notified of the new policy Oct. 5.

The municipality’s vaccination mandate requires employees to receive their first dose by Oct. 15, and their second by Nov. 19. They must provide proof of vaccination or otherwise, starting Nov. 29, take a rapid antigen test valid for 72 hours before their shift, whether working in office or from home, at their own cost and time.

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At-home test kits do not apply and current workplace safety controls like masks still remain in effect. Refusal to comply may result in disciplinary action, up to dismissal. The policy does not apply to temporary workers hired for elections or contractors.

On Oct. 31, when rdnewsNOW received the anonymous package containing the petition, Lodewyk had yet to acknowledge it publicly. The group also claims CUPE Local 417, representing City employees, did not respond to their concerns in a timely manner.

THE PETITION

The petition, which can be read in full below, outlines the group’s reasoning. It voices medical, legal, and scientific concerns with the policy, and claims the alternative of privately-paid testing causes undue financial hardship to employees.

Legislation the group alleges is being violated:

• The Canadian Charter of Rights and Freedoms: Section 2 & Section 7
• Alberta Bill of Rights: Section 1
• Canadian Human Rights Act: Section 8 & Section 9
• Personal Information Protection Act (PIPA): Section 7, Section 10, Section 58
• Employment Equity Act: Section 5
• Criminal Code of Canada: Section 346 & Section 423
• Nuremberg Code: Point 1, U.S. National Library of Medicine Pfizer Report, Moderna’s Product Monograph Report, COVID-19 Canadian Federal Interim Order
• Declaration of Helsinki: Principle 8 & Principle 7
• Genetic Non-Discrimination Act: Section 3; Canada Labour Code: Definitions 247.8 (1), Section 4, Section 7
• City of Red Deer Respectful Workplace Policy: Article 10, Article 21
• City of Red Deer Diversity and Inclusion Vision
• City of Red Deer Council Policy, Treatment of Employees EL-A-2.2

During the verification process, rdnewsNOW discovered a number of things:

• Amendments were made to the Food and Drugs Act regarding COVID-19 purposes, impacting the interim order.
• According to Alberta.ca, a COVID-19 PCR test looks for genetic material of the virus in a subject. An antigen test looks for proteins.
• The financial costs accrued by employees if opting for privately paid COVID-19 tests would be between $30-40 per test, taken twice a week if working a consecutive five-day work-week.

The group also attached the City’s Policy FAQ given to employees. Among other things, it notes:

• Freedom of Information and Protection Act: the City’s right to obtain information as a public body when relating to and necessary for the functioning of an operating program of the public body (Section 33).
• Coverage opportunities: rapid antigen tests are an eligible benefit for coverage under the Health Spending Account (with a prescription) or Lifestyle (Wellness) Spending Account administered by Blue cross. Tests are not eligible under the Extended Health Care or Travel plan.
• Testing not for vaccinated: the main objective is to have as many staff members fully immunized, as it has been determined the most effective layer of protection. Antigen tests for the unvaccinated are an alternative provided rather than leaves of absences or termination.
• Alberta Government Antigen Test program: The City will do its due diligence to review their eligibility for the government’s funding programs to cover costs of antigen tests for employees; however, due to the municipality’s size, it may be ineligible for some programs.

UNION SAYS POLICY IS LEGAL

The Canadian Union of Public Employees (CUPE) Local Union 417 represents City workers in Red Deer. In a statement to rdnewsNOW, they state the City has the legal right and, “a good legal argument to justify implementing,” the policy as long as the information is kept private.

“We will endeavour to represent each of our members who face any form of discipline to the best of our ability, understanding that each case is unique,” said Deborah Schaan, President. “Neither option means the employee agrees with the policy; it means the employee continues to work.”

Schaan said the union will continue to work with other to ensure members are treated fairly and respectfully, representing collective interests set in the Collective Bargaining Agreement, and responding to personal requests typically within 24 business hours.

The local had no input on the policy.

CITY MANAGER: PERSONAL VIEWS OF EMPLOYEES RESPECTED

On Nov. 2, City Manager Tara Lodewyk sent an email back to the anonymous group and to all City staff.

“It has been exhausting for everyone, and like all of you, I crave the pre-pandemic days, but we are not there yet,” Lodewyk wrote.

By Oct. 29, she added, 965 of the approximately 1,500 employees — 65 per cent — had submitted proof of immunization.

By Nov. 26, 1,256 employees — 86 per cent — had submitted records.

Lodewyk described how under the Municipal Government Act, it’s her responsibility as city manager to make decisions and employee policies, adding she must follow provincial and federal regulations.

“My responsibility is to provide you with a safe working environment and ensure that services are provided to our residents. I do care,” she insisted. “I want to do my best to protect our employees from serious consequences from pandemic and other safety risks.”

In crafting the Immunization Policy, Lodewyk says the Alberta Human Rights Act, Occupational Health and Safety, lawyers, insurance providers, labour advisors, other experts and legislation were consulted.

Speaking with rdnewsNOW, Lodewyk confirms the original petition had 108 signatures. As of Nov. 12, 73 per cent of staff were fully immunized, and by Nov. 26, that number had risen to 86 per cent.

Acknowledging employees may leave as a result of the policy, Lodewyk believes the City would find a way to handle potential understaffing.

“We have respected the personal views of our employees and that’s why we provided the option for the exemption and the ability to do testing. In working for our organization, we know we have choices every day in following our policies, and that there’s implications for us all working together when we make those choices,” she emphasized.

Lodewyk adds that the policy is primarily for the unvaccinated as reports show those people are more likely to face serious symptoms from catching COVID-19.

“The City is one of the largest employers in Red Deer, so we have a role to play in the community,” she concludes. “When we’re not at work, we’re not providing services, and we know immunization helps reduce the spread.”

In an update Friday, the City emphasized that any staff who don’t present proof of vaccination or agree to testing “will not be able to work and unpaid for that time.”

rdnewsNOW has been unsuccessful in our attempts to contact the unnamed group.