A New York judge has postponed the vaccination requirement mandate for the state’s court workers represented by the Civil Service Employees Association (CSEA) labor union because its implementation violated civil service law, according to court documents.
Prior to this court ruling, court workers were required to show proof of vaccination of at least one Covid-19 vaccine dose by Monday.
Judge Christina Ryba ordered Friday that there is “reasonable cause to believe that [the New York state’s court system’s] unilateral imposition of the mandatory vaccination requirement is an improper practice that violates Civil Service Law.”
CSEA argued that the statewide mandatory vaccine requirement constituted a new work rule that changed the terms and conditions of their employment and that the vaccine mandate was implemented without prior negotiation with the union, in violation of Civil Service Law.
Under the law, “a public employer is obligated to negotiate in good faith with the bargaining representative of its current employees regarding “terms and conditions of employment” and the failure to do so constitutes an improper employment practice,” Ryba wrote.
Ryba noted that while the law’s requirement for mandatory negotiations “may be circumvented where a clear legislative intent” is present, the New York court system failed to identify any statute that specifically permits the imposition of a vaccine mandate without prior union bargaining.
“Moreover, [the court system] has failed to produce any executive order or administrative regulation which would authorize the mandatory vaccination requirement it seeks to impose,” Ryba wrote.
Another hearing on the case is scheduled for Oct. 1 at 1 p,m. ET, court documents stated.