Pursuant to the MLC v. City to which the DEA was a party/petitioner, the NYC Board of Collective Bargaining (“Board”) ordered the City to negotiate with the DEA regarding mandatory subjects of bargaining related to the impact of its improper, unilateral institution of the Vaccine Mandate. On December 8, 2023, there was a bargaining session involving the DEA, the NYPD, and the Office of Labor Relations (“OLR”) where we discussed the hardships caused by the imposition of Leave Without Pay (“LWOP”) status on those DEA members who were non-compliant with the Vaccine Mandate, and the goal of the DEA to make our members “whole” with respect to annuity, vacation, longevity, uniform allowance, and pension credits. Based upon our records, we have 22 members who are affected by this. On March 22, 2024, the DEA met again with the City to continue our Board-ordered negotiations with them, but at this meeting the City was unwilling to respond substantively to the various demands made by the Union. Accordingly, on April 16, 2024, the DEA filed a Declaration of Impasse with the Board signifying that any further negotiations between the City and Union would be fruitless and that the Board should send the instant matter to interest arbitration, so that a mutually-selected, third-party Arbitrator could resolve this dispute. Moreover, the City has acknowledged its Board-ordered obligation to bargain with the DEA regarding these issues and the possibility that the instant matter may culminate in interest arbitration.
Since the filing of the Declaration of Impasse, the Union has participated in several conferences with the Board and OLR in order to refine the scope of its demands/proposals and to exchange relevant documents in connection with the practical impact the unilateral implementation of the Vaccine Mandate had on the DEA membership. In addition, the Board has attempted to mediate the dispute between the City and DEA in the hopes that interest arbitration can be avoided.
On September 13, 2024, the parties discussed the previously disclosed documents received by the Union from OLR, and it was determined that there are three additional DEA members who have been adversely affected by the Vaccine Mandate and their respective placement in LWOP status. Another call between the City and Union is scheduled for October 9, 2024, where the discussions were focused on the various monetary damages suffered by these members as a result of the unilateral imposition of the Vaccine Mandate. We will continue to keep you posted regarding any new developments.