Crossing guard fears losing job over mask mandate

79-year-old will face financial hardship after being told no mask, no job

After 12 years of providing safe passage for students as they go to and from school, Richard Brien is worried he is working his last days as a crossing guard in St. Catharines.

Last week, the human resources department at the City of St. Catharines contacted the 79-year-old and told him if he does not wear a mask while working, he will be fired.

The phone call came a few weeks after Brien initially went to the city — school crossing guards are employed by the municipality — with a letter of exemption from his doctor due to ongoing medical (lung) concerns.

Immediately upon hearing about the mask mandate while signing up for work shifts, Brien said he contacted the city himself, provided his documentation and began working as a crossing guard for the first time since the initial COVID-19 shutdown.

He received a response from the city last week.

“It took them (two) weeks to decide if I don’t wear a mask, I cannot be a crossing guard. That’s awful. You know, you do all the things — (I’ve) got the two vaccines, I’ve got the letter from my doctor and that’s not enough,” said Brien.

Brien said he has done all he can do to keep children safe. In addition to receiving both doses of the vaccine — Brien points to other crossing guards who wear masks but are unvaccinated, and wonders “what are those

people doing there?” — he wears a face shield at all times.

But under the city’s mask bylaw, face shields are not a “substitute for wearing a face covering as they don’t filter respiratory droplets.”

For Brien, other face coverings, particularly when worn for longer periods of time, make it difficult for him to breathe and can cause excessive sweating.

So with his job status up in the air, he doesn’t know what to do next, even admitting he has sought legal advice.

“If I don’t put a mask on, I’ll lose my job. So what can I do?” he asked.

“I’m (almost) 80 years old. I only have a small pension so I’ve been doing that for (12) years. It’s money coming out to pay my rent, to pay all kinds of stuff ... if I lose my job, (money) is going to be very tight.”

Brien’s initial conversation with the city did not provide any specific details as to their decision, other than it was made for “security” reasons.

If the reasoning is solely for security measures, Brien questions that explanation. Upon being told masks are mandated for all city employees, Brien said he sees St. Catharines employees within his district, and “nobody wears a mask.”

“You don’t believe what my doctor tells you, that I cannot wear a mask, that is not my problem,” he said. “I thought my law protected me — that my doctor was enough to tell you I’ve got a problem.”

Maggie Riopelle, the city’s manager of corporate communications, said the matter is being reviewed by human resources and “as such it would not be appropriate to provide any further comments in that regard.”

Under the mask bylaw exemptions, on the city’s website it said: “Please show respect to fellow residents who are not wearing a mask. They may be exempt for medical reasons.”

After Brien’s initial phone call with The Standard, he received a second response from human resources. He was told he could wear a mask while on the job when children were around, but when alone he could pull the mask below his chin.

That changed Tuesday when Brien was told that was no longer a viable option. The city said Brien’s next step is to have his doctor fill out more extensive health forms, with the final decision being left to a third-party health group.

Brien, who retired from Imperial Oil after 25 years with the company, hasn’t worked as a crossing guard since the initial pandemic shutdown.

He said he only went outside when necessary and always wore a shield. After receiving two doses of the vaccine, it hasn’t been an issue.

Until now.

The entire process has been confusing and upsetting, and Brien said it has made him feel like a “criminal” in a job he has held for more than 12 years.

“I’ve never had a problem. Always an exemplar employee,” he said. “I love people, I love children and ... I like to be busy. I’ve been doing that for (close to) 13 years, I’ve been doing a great job.”

The city said while it is unable to publicly speak to individual personell matters, it provided a statement from Jeanette Pillitteri, director of corporate support services, which read, in part: “In particular with our crossing guards, and in consultation with our partners at the schools, requiring masks is a reasonable measure to ensure their safety and the safety of the children, recognizing that maintaining physical distancing from the children may be difficult.

“As part of our priority on health and safety, we work with all our employees to ensure we continue to prioritize the safety of our community and re-examine our policies and procedures based on the latest information available.”