New York judge invalidates COVID vaccine order against NYPD union members

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A New York judge ruled Friday that the city’s order requiring members of the New York Police Department to be vaccinated against COVID-19 is invalid because it applies to members of the New York City Charity Police Association.

In the ruling, Manhattan-based state Supreme Court Justice Lyle Frank ordered the reinstatement of union members “wrongfully fired and/or on unpaid leave for noncompliance.”

“The unilateral action of the New York City Department of Health and Mental Hygiene to create employment conditions is inappropriate,” the document said.

“In support of the argument that the DOH commissioner can unilaterally set terms and conditions of employment, respondents cite recent federal case funding and trial court decisions. This argument is also unconvincing. Respondents cited numerous cases in which this Petitions to make vaccination a condition of employment have been rejected by the courts, among others, but in these cases the municipality and their respective unions collectively negotiated mandatory vaccination as a new condition of employment, which is not the case here,” Frank wrote. , adding that the department or Mayor Eric Adams cannot do that without collective bargaining.

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New York Police Department (NYPD) vehicles arrive at the scene of a shooting near Crown Heights in Brooklyn, New York, U.S., Thursday, July 21, 2022.
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The court did not deny that it was appropriate and lawful when the warrant was issued.

However, he said he did not see and the respondents did not establish a legal basis or legal mandate for the Ministry of Health to exclude employees from the workplace and take any other actions against the workplace as a Appropriate enforcement mechanisms for vaccine mandates.

Frank said that while respondents believed the order to create new employment conditions was “similar to New York Executive Regulation 12-120 or New York Public Officials Act § 3(1)” and that hiring people was “another example of employment conditions created by the law,” The court disagreed.

New York City Health Commissioner Ashwin Vasan speaks to members of the media during a news conference ahead of the opening of a mass monkeypox vaccination site on the Bushwick Education Campus in Brooklyn, New York City, July 17, 2022 .

New York City Health Commissioner Ashwin Vasan speaks to members of the media during a news conference ahead of the opening of a mass monkeypox vaccination site on the Bushwick Education Campus in Brooklyn, New York City, July 17, 2022 .
(KENA BETANCUR/AFP via Getty Images)

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PBA President Patrick Lynch responded to the decision. “We will continue to work to protect these rights. »

“We immediately appealed this decision. It contradicts all other court decisions that make arrest warrants a condition of employment,” a Legal Department spokesperson told Fox News Digital in an email Saturday.

NEW YORK - NEW YORK - SEPTEMBER 19: NYPD officers stand guard near United Nations headquarters during the opening of the United Nations General Assembly on September 19, 2022 in New York City.

NEW YORK – NEW YORK – SEPTEMBER 19: NYPD officers stand guard near the United Nations headquarters during the opening of the United Nations General Assembly on September 19, 2022 in New York City.
(Photo by Eduardo Muñoz Alvarez/VIEWpress)

The ministry noted that other unions had lost similar cases and filing a notice of appeal would freeze the judge’s decision until the appeal was heard.

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Adams announced a few days ago that he was abandoning the city’s private-sector immunization mission.

More than 1,000 New York employees were fired for refusing vaccinations.

The Associated Press contributed to this report.

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