Update regarding the recent development concerning the Citywide COVID-19 Vaccine Mandate that was unilaterally instituted in October 2021 (“Mandate”):
As you recall, the City implemented the Mandate across all City agencies requiring all employees to become vaccinated against COVID-19, while also allowing members who timely submitted exemption requests for medically-based and religiously-based reasonable accommodations instead to undergo weekly testing. Failure to comply with the Mandate resulted in any employee, who had not received either the vaccine or an approved exemption, to be placed in Leave Without Pay (“LWOP”) status.
Currently, there are four DEA members who have been placed in LWOP status, while we anticipate this number to grow as the Department wades through the exemption requests submitted by all Members of the Service. Additionally, earlier today, we were apprised by the NYC Office of Labor Relations that the City intends on separating from service MOS who are in LWOP status, effective February 11, 2022. Given this new development, we are exploring all of our legal options, as well as updating the current series of cases we have pending before the various administrative agencies and courts of competent jurisdiction. Finally, please be advised that this new information has no effect on the DEA members who have been granted reasonable accommodations.
Despite our various efforts, and the efforts of other unions, the courts have not provided any relief, and you have to assume, moving forward, that Courts will not interfere with the City’s mandate. While we will continue to explore all possible avenues of redress, do not count on that when deciding whether or not to comply with the mandate. Please decide accordingly.
As always, we will keep you, our valued members, abreast of any and all developments regarding this mandate, and will continue to fight for your rights.
Fraternally,
Paul DiGiacomo, President
And the DEA Board of Officers