UFT says city refuses to negotiate medical or religious accommodations to vaccine mandate
The United Federation of Teachers today charged that New York City’s recent unilateral imposition of a “no exceptions” COVID vaccine mandate for all educators violates federal and state law and the teachers’ contract.
The union formally requested the intervention of the state’s Public Employment Relations Board (PERB) to help resolve the dispute by mediation.
In its filing, the UFT cited the city’s new “sudden and rigid policy” announced on Aug. 24, 2021, which contradicted the policy of vaccination-or-test announced earlier this summer. In a subsequent bargaining session the city maintained that teachers with a legitimate medical exception would not be accommodated with COVID testing or a remote assignment.
Instead, according to city negotiators, those with medical issues could stay on the payroll until their sick days are used up, and then go on unpaid leave, while those with religious objections would immediately go on unpaid leave. In both cases those on leave would lose not only their salaries but also their health insurance.
The union filing notes that the city’s “intransigent stance” ignores the fact that “there are estimated to be at least 5,000 students on “home instruction” this upcoming school year and there are a variety of other tasks — among them curricular development, academic and social screening as well as school data management and analysis — that can be done outside the classroom setting.”
It also notes that the city Health Department orders provide vaccine alternatives to healthcare and similar workers, as do New York State regulations.
Saying that “the UFT supports vaccination and encourages all of its members to become vaccinated if they are able,” the union said that teachers — at an estimated 80% — already have the highest vaccination rate of any group of city workers.
“The city has closed the door on good faith bargaining,” the UFT told PERB in its filing, adding that the state board’s formal Declaration of Impasse “is the only way to bring the city to the negotiating table to properly bargain these important issues affecting hundreds of thousands of city teachers and public employees citywide.”
The Public Employment Relations Board consists of three members appointed by the Governor and confirmed by the State Senate. The Board oversees the implementation of the state’s Taylor Law regulating public sector unions, including disputes between employers and workers.
If PERB mediation fails, the vaccine mandate issue could be resolved by arbitration.