Correction and clarification:
The union representing Toronto transit workers and the city’s unionized employees lost a court bid to stop the TTC from requiring its workers to receive a measles shot. The union argued that requiring workers to get the shot could create an unnecessary health risk. Because the TTC, like other city agencies, manages in-house employees, and therefore is not subject to the protected bargaining process, the workers could not afford to go through a collective agreement, they argued.
The TTC was not subject to the union’s union contract, as it is not part of the city and therefore is not subject to collective bargaining.
At 12.30pm on Thursday 12 September, the Ontario courts ruled against the TTC and the TUC, the TTC’s unionized employees.
However, of the four motions for stay of the vaccine mandate until the issues of workers’ rights have been fully adjudicated, only one was filed with the court of appeal.
Lawyers for the TTC, used, as the court found, to maintain its position on workers’ rights, did not oppose this motion.
It was heard on 2 September by two members of the appeal court, one for a finding in favour of the TTC, and the other for a ruling in favour of the TUC.
The court of appeal ruled that the motion to stay should be permitted until the appeal stage of the case.