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A Penticton anti-vaxxer has lost a fight with her union after she argued her support for the Libertarian Party's ideals was grounds for a vaccination exemption based on political belief.

According to a Nov. 22 BC Labour Relations Board decision, former Thompson Community Services community support worker Amie Harbor had argued the BC General Employees' Union should have gone to bat for her when she was put on unpaid leave in November 2021 for refusing to disclose her vaccination status. The organization has offices throughout BC.

When the Public Health Order mandated that support workers be vaccinated against COVID-19, Harbor argued she was due an accommodation based on her political beliefs.

"My beliefs align with the principles of the BC Libertarian Party and under the BC Human Rights Code, this is protected grounds against discrimination," Harbor wrote to her employer at the time. She also enclosed a letter of support from former Libertarian Party leader Keith MacIntyre.

Her employer responded by saying she needed to demonstrate that she had had long-term involvement with the BC Libertarian Party and include copies of her membership receipts and official documentation showing her lengthy involvement with the party.

However, she never never responded to the request and was put on unpaid leave shortly afterwards.

Harbor argued she has been "constructively dismissed, discriminated against, psychologically harassed, and terminated without cause."

She asked her employer to accept her vaccine exemption based on political beliefs.

Her employer refused and pointed out she had been given the opportunity to request an accommodation under the BC Human Rights Code but was "but was unable to substantiate that there had been discrimination on a protected ground."

The decision said the BCGEU explained to Harbor that it would not take her case to arbitration as it had lost previous cases.

Harbor can add her name to the list of anti-vaxxers who have challenged their unions for refusing to intervene in their employers' vaccination policies.

READ MORE: Interior Health executive fired for refusing COVID-19 vaccine loses EI appeal

"The Union noted the result was a precedent that ineligibility to work under a Public Health Order order can constitute just cause for removal from the workplace, even up to the point of termination of employment," the decision read. "Your Collective Agreement governs the terms and conditions of your employment, and its authority is vested in the [Union’s] recognized status under the BC Labour Code to represent you. However, at no time are we permitted to attempt to use our Collective Agreement’s wordings to compel an Employer to act contrary to any B.C. law."

Harbor argued the union had a "discriminatory position" against employees' vaccination choice and accused it of having no intention of taking her complaint to arbitration.

However, the Labour Relations Board pointed out that she hadn't disclosed her vaccination status which was needed to start the accommodation assessment or hand over the material about her allegiance to the Libertarian Party as was requested.

Ultimately, the Labour Board dismissed her appeal saying the union had done everything it had to do.

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