ONA
2) found the employer s policy
compliant, citing provisions of the collective agreement that
specifically addressed vaccinations during an outbreak, directions
from the Ministry of Health to employers to implement an influenza
protocol, expert evidence supporting vaccination rates amongst
health care workers and transmission of influenza to the patients,
and the existence of the alternative of masking. In other decisions
(see
Sault Area Hospital and Ontario Nurses
Association
3,
4 and
v Ontario Nurses
Association
5), arbitrators found the policy in
violation of the collective agreement citing a lack of consensus on vaccinating and masking and the prevention
and control of influenza, a lack of mandating of the policy by a