We have been notified by the Department that determinations of pending appeals of previously denied requests for exemptions to the Citywide COVID-19 Vaccine Mandate (“Mandate”) on the grounds of religiously-based and/or medically-based reasonable accommodations will be issued by the “Citywide Reasonable Accommodation Appeals Panel” in the days and weeks to come. Determinations of appeals are being sent via email to individual members advising them of the determination. According to the Department, if any member’s appeal is denied, he/she will have seven (7) calendar days to submit proof of receiving the first shot of the Pfizer/Moderna vaccine or the single shot of the Johnson & Johnson vaccine by uploading said proof onto the Central Personnel Resource (“CPR”) System. Failure to submit proof of vaccination within seven (7) calendar days will result in the affected DEA member being placed in Leave Without Pay (“LWOP”) status. If said DEA member thereafter fails or refuses to comply with this Departmental directive, then he/she will be terminated three (3) days after being placed in LWOP status. Such termination will result in the loss of the DEA member’s retirement benefits, including, but not limited to, loss of pension benefits, forfeiture of Terminal Leave, denial of a “good guy” letter, and forfeiture of accrued Vacation and Comp Time. The Union is taking this opportunity to advise all unvaccinated DEA members who are adversely affected by these determinations by the “Citywide Reasonable Accommodation Appeals Panel” of the drastic and draconian consequences that will follow.
For those DEA members who are informed that their appeal has been denied, you have two (2) options in order to avoid being terminated: 1) submit proof of vaccination by uploading said proof onto the CPR System within seven (7) calendar days; or 2) immediately file for either a vested retirement (more than 5 but less than 20 years of pensionable service) or a service retirement (20 or more years of pensionable service). By timely filing for retirement, members will be permitted to “run out” their accrued Vacation and Comp Time and be remunerated for their Terminal Leave (if more than 20 years in service). By taking such action, said DEA members will be protecting their entitlement both to their retirement benefits and to their City-provided medical insurance. Any DEA member who is terminated will lose Union-provided health benefits (i.e., dental, optical, and prescription), because the Trust Fund Agreements by and between the City and DEA only permit these Union benefit funds to expend monies on behalf of active or retired (but not terminated) DEA members.
Be advised, this notice is for those members whose original request for an accommodation was denied by the NYPD, who appealed that denial to the Citywide Reasonable Accommodation Appeals Panel, and who are now receiving notice that such appeal has been denied. There are still some members who have not yet received a determination of their initial RA request from the NYPD EEOD. This notice does not apply to you. For those of you who are just receiving a denial from the NYPD EEOD of their initial accommodation request, you have seven (7) days from the date you receive a determination to appeal that determination to the Citywide Reasonable Accommodation Appeals Panel. Follow the instructions and the link in the email you will receive with EEOD’s determination. You will continue to work while the appeal is pending.
Needless to say, sending this message to our members is a gut-wrenching exercise. We are outraged by the way the City has treated you after all you have done to keep this City safe — not just over the past two (2) years of the pandemic, but throughout your careers. As you all should know by now, the DEA has been at the forefront of the various judicial and administrative actions challenging the imposition of the harsh penalties attached to non-compliance with the Mandate. The Union has pursued, and continues to pursue, all viable legal avenues of redress, namely the Union is still a party in cases challenging the following: i) the unilateral imposition of the Mandate; ii) the improper placement of DEA members in LWOP status; and iii) the failure to afford procedural due process rights to DEA members prior to their respective terminations. We are also part of the legal action, along with the PBA, challenging the legality and fairness of the Department’s Reasonable Accommodation process.
With that being stated, please be mindful that the federal and State Courts have provided little relief to the plight of the DEA’s membership. The Courts have consistently and uniformly rejected the arguments advanced not just by the DEA, but by every single union and individual union member who initiated legal challenges to the Mandate in these various forums. Although we strenuously disagree with the determinations in these actions, we feel we have exhausted all means available to prevent the termination of those DEA members who are not vaccinated and who do not file for retirement. We have taken every available action to protect our members to the greatest extent possible under the governing law, but the Courts have resoundingly rejected those efforts. We do not expect any Court to help any member who is, likewise, terminated under the Mandate. Our members must be aware of this in making their decision as to whether or not to comply with the Mandate or, in the alternative, submit their retirement papers. You are entitled to receive each and every benefit you have earned through your hard work and dedication. We want to make sure that you do so.
As always, we will keep you, our valued members, informed of any and all developments as they occur.
