More time for Hamilton city workers resisting vaccine policy

Hamilton council has given hundreds of municipal workers facing termination for resisting the city's COVID-19 vaccination policy more time to fall in line before getting the axe.

The decision to extend the deadline to Sept. 30 from May 31 came Wednesday as dozens of workers and supporters toting signs filled the public gallery at city hall while councillors deliberated on the question for hours.

The testy, drawn-out debate peppered with heckles from the audience also marked the first time a clutch of councillors sat around the horseshoe with senior staff present since the pandemic struck in March 2020.

Coun. Terry Whitehead was the focus of several clashes with his colleagues, including Coun. Maureen Wilson, who asked the clerk to mute his microphone more than once.

The behaviour that was on display today is frankly toxic for all of us," Coun. John-Paul Danko said at the tail end of the turbulent session marked by Whitehead's bickering and interruptions.

Whitehead, however, defended his record and called council an embarrassment," accusing some of his colleagues of pretending" to be innocent" and sanitized" while sticking their knives in our backs."

It was this vitriol that framed an 11-3 vote backing Coun. Esther Pauls's motion to extend the city's vaccination verification cut-off until the end of September.

Pauls - a vocal opponent of the termination policy - argued the extra runway would allow some workers time to get doses and staff time to crunch the associated costs of the potential mass dismissal.

So let's give them some time ... then find out how much our taxpayers are going to pay."

I know that we all care for each other and we cannot choose the most punitive action," Pauls added, sparking applause from the gallery.

The additional cushion and exploration of costs come as unions representing city workers file grievances and meet with their employer at arbitration hearings.

About 94 per cent of the city's payroll has complied with the policy and don't face termination. This week, 322 resisters remained, which is down from 440 last week and 505 in January.

Last month, in a 6-4 vote, councillors approved staff-recommended changes that would have eased requirements for existing workers but still obliged new hires to adhere to the vaccination policy.

But a week later, final approval of that close vote failed on a 6-6 tie with four councillors absent.

The upshot was that non-compliant workers on unpaid leaves or undergoing rapid-antigen testing since November were still on track to lose their jobs on June 1.

Human resources staff told councillors amid provincial direction to end workplace vaccination policies, the city was not confident" terminations would withstand litigation or arbitration.

Last week, at Pauls's urging, city politicians asked staff to crunch the potential costs of the dismissals, including grievance hearings, arbitration rulings, lawsuits and new hires.

During Wednesday's debate, some councillors challenged her move to extend the deadline.

This is simply a stall tactic to delay the inevitable," contended Danko, who characterized those who have complied with the policy as victims of conspiracy theories, a remark that was met with jeers from the gallery.

Moreover, he said, they are choosing" to put their colleagues, the public and taxpayers at risk by incurring additional costs through sick time and lost productivity."

Danko instead proposed giving non-compliant staff until June 1 to show vaccination status or be placed on unpaid leave, and then until Sept. 30 or face termination.

That's a very reasonable" pitch, Coun. Nrinder Nann said. It's a public health crisis and this is about a collective health issue as an employee of a public organization that is in service of the public."

Pauls, however, in siding with a majority in a 9-5 vote to reject Danko's alternative, argued the unpaid leave amounted to dismissal. Maybe I'm simple, but to me, it says you're fired."

Meanwhile, Coun. Brad Clark called Pauls's direction a prudent" motion that offers time to inform our next steps" and move forward unified" as elected officials.

Whitehead argued letting go hundreds of employees would diminish the city's corporate memory" and put capital projects in jeopardy. The fact is that the vaccines do not stop the spread," he later added.

Carrying signs with slogans - mandate freedom," tyranny disguised as safety," all truth comes to light" - the demonstrators gathered in the city hall forecourt before heading inside to watch the meeting.

As chair, Wilson tried to quell heckles, including you're criminals" and shame on you," by warning she was prepared to empty the chambers to maintain decorum.

In interviews, none of the workers would give their name, citing concerns about securing future work, breaking rules by speaking to the media and bullying."

I don't disclose my status to anyone," a bus driver said, because it's a private medical issue that only my doctor and myself have to know about."

He said pushing the compliance date to Sept. 30 doesn't change his situation. I'm not going to disclose now and I'm not going to disclose forever."

Everyone is free to make their own choice," said an employee in planning and economic development. They shouldn't be coerced to make a choice that they don't feel is right for them."

A CityHousing worker said his father had an adverse reaction" to the vaccine. I don't trust it. I think it should be my choice."

Teviah Moro is a reporter at The Spectator. tmoro@thespec.com