UFT ARBITRATION ON VACCINE MANDATES SETTLED

We received the ruling tonight from the arbitrator on exemptions to the city's vaccine mandate. There is no surprise that the award is mostly in favor of the Department of Education. It was decided by arbitrator Martin Scheinman. He ruled on very narrow medical and religious grounds to obtain an exemption to the vaccine mandate. Those who get an exemption as well as those who are immunocompromised will be assigned to do God only knows what in offices or somewhere else unspecified. Unvaccinated can take an unpaid leave and stay on the medical plan until Srptember 2022.

I don't understand why the UFT keeps going back to Sheinman. This is the same Martin Scheinman who extended the interminable nine year 2014 Contract because the city didn't put enough money aside to pay the full retro for the many UFTers who retired in 2014. He is also the arbitrator who helped the UFT agree to allow the city to stiff us for half the final payment of our interest free loan to the city for almost another year. 

If this is the best arbitrator out there, no wonder we usually don't do very well. If I was ever in charge of the Union, he would no longer be an arbitrator in UFT cases.

Usually I am furious when these arbitration decisions come out mostly in favor of management but here as a pro-vaccine mandate person, I am not really angry about the narrow exceptions. However, I am fuming about the immunocompromised and those with vaccine exemptions being sent to offices (rubber rooms) and not being guaranteed they will be assigned teaching duties. The immunocompromised should be able to teach from home. We need a remote option.

I also read the DOE will be paying exclusively for appeals to Sheinman Arbitration and Mediation Services that UFTers file. Who are you likely to side with: the party paying your hefty fee or the working man filing an appeal?

Finally, there is more than a little sad irony in that those who appeal not getting an exemption will have their appeals heard on Zoom. In addition, the UFT Executive Board meeting this Monday is remote. It is okay for UFTers and students to work live all day in crowded classrooms but for Martin Scheinman's arbitrators and the UFT leaders, it is remote only.

Mulgrew’s email tonight:

An independent arbitrator has upheld the union's position and ruled that the city must offer work outside school buildings to immunocompromised members who — even vaccinated — are at high risk of contracting serious illness from a COVID-19 infection. In the arbitration proceeding, the city was also forced to back off its original plans to offer no exemptions for those unable to take the vaccine for medical or religious reasons. See the arbitrator's order » The online application form for a medical accommodation or an exemption will go live on SOLAS on Monday, Sept. 13. UFT members will have until Monday, Sept. 20, to apply. The city has also agreed — based on the arbitrator's determination — that other UFT members who decline to be vaccinated may go on unpaid leave or take severance, both with a year's health coverage. We were also able to secure an early-leave provision for women in their third trimester of pregnancy. The city's vaccine mandate goes into effect on Monday, Sept. 27. All DOE-employed UFT members who do not qualify for an accommodation or exemption must have at least one dose of the vaccine by then. Medical accommodations Vaccinated UFT members with weakened immune systems due to a documented medical condition may apply via SOLAS for medical accommodation. These requests must be documented in writing by a medical doctor. If the accommodation is approved, the immunocompromised member must be offered work in a non-school building as long as their medical condition lasts. Medical exemptions Permanent medical exemptions to the vaccine mandate will only be considered where the individual has a documented allergic reaction such that the member cannot receive any of the three authorized vaccines. Temporary medical exemptions to delay the vaccine will be granted when: Within the isolation period after a positive COVID diagnosis Within 90 days of monoclonal antibody treatment of COVID-19 Conditions that may warrant temporary medical exemption because of active therapy or treatment, such as chemotherapy, stem cell transplant, CAR T-cell therapy. Pericarditis or myocarditis These requests must be documented in writing by a doctor. In cases where members seek exemptions for medical conditions not on the above list, an independent arbitrator will decide if the exemption is appropriate. If denied, the member will have one school day to file a notice of appeal. An independent arbitrator will promptly review the appeal — and convene a hearing if necessary — before issuing a final determination. During the appeal process, the member will be temporarily granted the exemption and kept on payroll. Religious exemptions Exemption requests will be considered for recognized and established religious organizations and not where the objection is personal, political or philosophical in nature. Applications for religious exemptions must be documented in writing by clergy or a religious official. Appeals of religious exemption denials will be heard by the same independent arbitrators ruling on medical exemption appeals. During the appeal process, the member will be temporarily granted the exemption and kept on payroll. Members in their last trimester of pregnancy UFT members in their last trimester of pregnancy, whether vaccinated or not, have the option to go on leave immediately. First, members must exhaust their CAR days. If the member exhausts their CAR days before giving birth, the member can decide to start the six weeks of paid parental leave (if eligible) early. Members in their first two trimesters of pregnancy must be vaccinated if they want to remain on payroll. The UFT has organized a special virtual information session on Tuesday, Sept. 14, at 5 p.m. for members in their third trimester. Register now » Options for all other UFT members Members who are not vaccinated by Sept. 27 but do not qualify for a medical accommodation or an exemption must be offered two options, both of which include one year's health coverage: 1. Unpaid leave option: UFT members may go on an official unpaid leave for up to one school year. The departure will be deemed involuntary and nondisciplinary for unemployment insurance purposes. The member cannot take other paid employment during this leave. They will continue to receive city health insurance through Sept. 5, 2022, as long as they do not take a job elsewhere. Their job will be held at their school for this period, too. If at any time prior to Sept. 5, 2022, the member takes the vaccine, the member may return to work. On Sept. 5, if the city's vaccine mandate remains in effect and the individual remains unvaccinated, the person will be automatically deemed voluntarily resigned. These members must either get vaccinated or extend their leave by Nov. 30. Otherwise, they will be subject to disciplinary action. 2. Severance option: Members who resign will be able to exchange their CAR days in their bank 1-for-1 up to 100 days (under ordinary circumstances, it is 2-for-1), though this time is not pensionable. They will also receive medical insurance for one year as long as they do not have access to other insurance coverage during that period. Unvaccinated UFT members have until Oct. 29 to choose the severance option. Those who take this option do not have a right of return to their school, but they will not be prevented from seeking DOE employment in the future. MLC lawsuit continues The arbitrator's ruling does not resolve the underlying issue of whether the city Department of Health has the legal authority to require that DOE and other employees be vaccinated. Only the courts can determine the legality of the mandate. The Municipal Labor Committee, of which the UFT is a member, filed a lawsuit challenging the mandate in state court this week. The UFT remains a party to that lawsuit.

Sincerely, Michael Mulgrew UFT President