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A New York judge ruled on Friday that the city’s warrant requiring members of the New York Police Department to be vaccinated against COVID-19 is not valid as it applies to members of the Benevolent Police. New York City Association.
In the ruling, state Supreme Court Justice Lyle Frank, sitting in Manhattan, ordered that union members who had been “wrongfully terminated and/or placed on unpaid leave due to their non- compliance” are reinstated.
The filing says the “conduct of the New York City Department of Health and Mental Hygiene to unilaterally create a condition of employment is improper.”
“In support of its contention that the DOH Commissioner can unilaterally create terms and conditions of employment, the Respondents cite recently decided federal case funds and trial court decisions. This argument is also not convincing. Respondents cite a multitude of cases where this Court, as well as others, have dismissed petitions based on vaccination as a condition of employment, but in these cases the city and the respective union collectively bargained to include the mandate vaccinations as a new condition of employment, that is not the case here,” Frank wrote, adding that the unilateral imposition of a condition of employment is not something the department or Mayor Eric Adams could do without collective bargaining.
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The court did not deny that at the time the warrant was issued it was proper and legal.
However, he said he did not see and the respondents did not establish a legal basis or legal authority for the DOH to exclude employees from the workplace and impose any other action adverse to the workplace. employment as an appropriate enforcement mechanism for the vaccine mandate.
Frank said that while respondents argued that the order that created a new condition of employment is “similar to the residency requirement for all non-uniformed public service employees found in New York’s administrative code 12-120 or New York Public Officers Act § 3(1)” and that the retainer is “another example of a legally created condition of employment”, the court disagrees.
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“This decision confirms what we have said all along: the vaccine mandate was an improper violation of our members’ right to make personal medical decisions in consultation with their own healthcare professionals,” the PBA president said. , Patrick Lynch, in response to the decision. “We will continue to fight to protect these rights. »
“We are immediately appealing this decision. It contradicts all other court rulings upholding the warrant as a condition of employment,” a Legal Department spokesperson told Fox News Digital in an email Saturday.
The ministry pointed out that other unions have lost similar cases and that filing a notice of appeal freezes the judge’s decision until the appeal is heard.
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Adams announced just days ago that he would be dropping the city’s private sector immunization mandate.
More than 1,000 New York employees have been fired for refusing vaccines.
The Associated Press contributed to this report.