Update 5: Invasive Medical Questionnaire and Medical Examination

2024-09-28

In our previous update, we explained that although our policy grievance on the invasive medical questionnaires and medical examinations was denied that we are committed to challenging this discriminatory, unjust, and intrusive policy. The employer should not be privy to any of our personal medical information. Your private medical information should be confidential between you and your medical providers.

Since then, we consulted extensively with our experts and received an external legal opinion about next steps to challenge the policy. As a result, our Executive referred the policy grievance to adjudication at the Federal Public Sector Labour Relations and Employment Board (FPSLREB) and we also filed for Judicial Review with the Federal Court.

As the Union, these are our recourse options (FPSLREB and Federal Court). Unfortunately, these processes are going to take time and, in the meantime, the RCMP continues to push forward with these evaluations as a requirement for our Public Service members. They have discontinued the biennial psychological appointments with psychologists, and they are continuing to threaten discipline for non-compliance. They have also been clear that they intend to expand this program to include Civilian Members.

We have had hearing and psychological standards for a long time and given the importance of our work, we should be subject to some medical evaluation and/or monitoring. However, we must be a part of determining how any new or updated evaluations are implemented so that we can ensure the process is fair and reasonable. We still do not know what the standards are, and we have never been consulted about this program.

We have tried every course of action to stop this from proceeding and yet the RCMP has decided to continue. While we wait for our cases to be heard and decided, you will need to make your own decision on how you want to proceed. If you are facing disciplinary action relating to this program, for choosing not to undergo these health evaluations by an employer-selected medical practitioner, immediately contact your CUPE 104 Regional Chairperson for guidance and assistance.

Please continue to share your experiences with us. These first-hand accounts are invaluable for us to be able to give real-life examples of how the implementation of this policy is affecting you.

 

In Solidarity,
Your CUPE Local 104 Executive