Major COVID Ruling!

In a massive ruling made by the New York State Public Employment Relations Board, court workers who had previously been fired for refusing to get the COVID vaccine must now be rehired and awarded back pay.

The board decision, made on February 24, requires the Unified Court System to “cease and desist” from enforcing mandatory vaccine mandates.

Now, court workers “who lose accrued leave, compensation or employment” must be made “whole” and receive back pay with interest paid “at the maximum legal rate”.

Administrative Law Judge Mariam Manichaikul made the determination that court officials “had a duty to negotiate” with unions regarding the mandatory vaccine and testing mandates.

Judge Manichaikul stated that the UCS did not meet “the criteria under which an employer is permitted to take unilateral action in an emergency situation” due to its failure to consider negotiations before enacting such a harsh order without “genuine desire to negotiate thereafter”.

Manichaikul ruled:

“In adopting the Policies, UCS unilaterally implemented extensive procedures that implicate various terms and conditions of employment, including leave time, compensation, discipline, job security and medical privacy, all of which must be bargained.”

News outlets have been told that the board decision affects at least 25 court workers.

The president of the New York State Court Officers Association Dennis Quirk explained that about 200 employees were fired, resigned or retired and 10 unions pushed back on the mandate.

Quirk labelled the ruling a “landmark decision” and agrees that the mandate infringed on individuals’ rights, stating, “You can’t violate an individual’s right to choose. We live in America, not Russia.”

Court officials are in the process of reviewing the decision to decide whether or not to appeal.

Meanwhile, a spokesperson for Mayor Eric Adams’ office stated that this ruling would not be applying to other city workers.

 

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