PERB – Vaccination Mandate Clarification
As you know, CSEA filed an improper practice against OCA for failure to negotiate the COVID policies that were eventually implemented. As you will see from the attached decision, CSEA was partially successful. CSEA Local Presidents across the State are in the process of contacting current and/or former employees who were involved in the PERB case. Our intention is to obtain an accounting of relief sought from UCS from each employee affected. These costs can include but are not limited to costs incurred due to continual testing, transportation and charged accruals associated with continuing to test, which amassed while awaiting exemption approval, and leave that you charged prior to being terminated. Since the Board decision takes reinstatement out of the equation, there would likely be no award of damages associated with being terminated.
It has been our contention that the exemption process should have been negotiated by UCS, and as PERB held, all unfavorable decisions flowing from that process should be declared null and void, and that is part of the relief we will be seeking if and when we prevail in the Article 78.
There is a “make whole” remedy that PERB has ordered. If you feel that you could be owed any time, copay expenses, etc., you should let your Local President know as soon as possible. UCS has filed an Article 78 challenging the Board decision, therefore the deadline to submit your information has been extended to January 31st, 2024.
Please provide the following to your Local President:
- Work location
- Whether reinstated by UCS earlier this year if previously terminated
Furthermore we will need specifics regarding any relief you are seeking. Including specific dates If seeking back pay, or restoration of leave accruals and which leave you were forced to charge.
Please DO NOT send this info directly to CSEA State Operations or CSEA Legal.
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 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 for them to go through and see what would be submittable.
Your submission does not guarantee that you will be granted your request, but CSEA will seek to get all affected members made whole to the full extent of the Decision’s requirements.
Please share with any others that you know, who may have been affected by these policies in a negative way.
All information must only be sent to email@example.com
You must put in the subject line “Vaccination Mandate”
Please put an email address(non-work) & Phone Number in email for contact.