PERB Vaccination Mandate Decision
CSEA filed an improper practice suit against OCA for not negotiating COVID policies that were eventually implemented. As you will see from the decision, we were successful in having PERB agree with us for the most part.
There is a “make whole” remedy that PERB has ordered which is the reason for this email. If you feel that you could be owed any time, copay expenses, etc., you should let me know as soon as possible. The deadline to submit your information will be Friday, December 22nd.
See below for more information on what we can hope to be “made whole” on:
Anyone who incurred costs or charged accruals for either testing or getting vaccinated must provide explanations and proofs including what the cost was and why it was incurred (e.g. mileage to and from testing/vaccine site, time off in excess of the one hour given by UCS, etc.) and the date(s);
For employees who separated, either voluntarily or not, and were later reinstated, or for those who were absent without authorization or charged accruals while awaiting notification of acceptance of religious/medical exemptions after the Vaccine Policy was implemented, s/he may be entitled to back pay/accruals and benefits until terminated or came back to work after getting vaccinated, so s/he must provide the dates, whether charged to accruals, and if so which ones.
Also, if you have had an “unfit” memo put in your personal history folder, please note that in your response to me as well.
The proof that would be acceptable to send to me would include Kronos records (if you were forced to stay out of the office due to being deemed unfit and were charged accruals or if you were on a FMLA leave related to having to be vaccinated), copay receipts, copies of unfit memos, etc. I will then submit your information to the CSEA attorneys involved in order to see what is able to be submitted.
Your submission does not guarantee that you will be granted your request, but CSEA will definitely seek to get all affected members made whole to the full extent of the Decision’s requirements.
OCA would have 30 days from the date of the decision to appeal. We want to have all of our members’ information ready to be submitted in the case they do not appeal.
Please share with any others that you know may have been affected by these policies in a negative way.
All information must only be sent to ian@csealocal334.com
You must put in the subject line “Vaccination Mandate”
Please put an email address(non-work) & Phone Number in email for contact.