UFA, 16 OCB2d 7 (BCB 2023)
The UFA and UFOA claimed that the City violated § 12-306(a)(1), (4) and (5) of the NYCCBL by failing to bargain over the Mayor’s order that all City employees be vaccinated by October 29, 2021. The Unions argued that the Vaccine Mandate implicates numerous mandatory subjects of bargaining and constitutes a new qualification of employment that must be bargained. They further argued that the Vaccine Mandate created a practical impact on employees’ health, safety, and workload. The City argued that it had a managerial right to impose the Vaccine Mandate on employees due to the public health emergency caused by the COVID-19 pandemic. It additionally argued that the Unions’ claims of practical impact are speculative and conclusory. The Board found that the Vaccine Mandate was a non-mandatory subject of bargaining and that the petition did not allege facts sufficient to warrant a hearing on practical impact. However, it found that the City had a duty to bargain over procedures related to proof of vaccination. Accordingly, the petition was granted in part and dismissed in part.