Posted on 09/27/2022 7:59:09 AM PDT by george76
Manhattan Supreme Court Justice Lyle Frank said the city's vaccine mandate was invalid "to the extent it has been used to impose a new condition of employment" for members of the Police Benevolent Association (PBA), the largest union to which NYC police belong.
A Manhattan supreme court judge ruled on Friday that cops who were fired because of the city's Covid vaccine mandate had to be reinstated.
According to the New York Post, Manhattan Supreme Court Justice Lyle Frank said the city's vaccine mandate was invalid "to the extent it has been used to impose a new condition of employment" for members of the Police Benevolent Association (PBA), the largest union to which NYC police belong.
...
PBA President Pat Lynch said, "This decision confirms what we have said from the start: the vaccine mandate was an improper infringement on our members' right to make personal medical decisions in consultation with their own health care professionals."
"To be unequivocally clear, this Court does not deny that at the time it was issued the vaccine mandate was appropriate and lawful,” Judge Frank said in his ruling. Rather, the judge said the issue at hand was the "legal basis or lawful authority for the DOH (Department of Health) to exclude employees from the workplace and impose any other adverse employment action as an appropriate enforcement mechanism of the vaccine mandate."
The ruling made clear that the mandate was wrong because its enforcement went past "monetary sanctions." New York City's Department of Mental Health and Hygiene tried to enforce the city's Covid vaccine mandate through multiple means, including unpaid leaves, suspension, and terminating employees who did not get the shot.
Frank maintained that those kinds of changes needed to be made through collective bargaining agreements between the city employer and the union.
Last week another Manhattan judge ruled that Alexander Deletto, a Brooklyn cop, should keep his job as a police officer after refusing the Covid vaccine. He had claimed religious exemption but was denied for unclear reasons by the department.
New York City's Law Department said it would appeal the ruling and said, "It is at odds with every other court decision upholding the mandate as a condition of employment."
Swear....No back room discussions involved.
Back pay for the improperly fired cops?
Remember, the “Supreme Court” in New York is NOT THE SUPREME COURT as commonly understood. It is the “court of first instance”, that is, the first level. It might be higher than a traffic court, but it should not be confused with what the US and other states call a “Supreme Court.”
Why would any police officer want to work in New York City?
The jerks who pushed the covid restrictions need to be punished - nationwide.
And yes, I know it won’t happen.
Federal Judge Strikes Down Mask, Vaccine Mandates for Toddlers in Public Preschools.. Doughty’s decision nullifies active restrictions in 24 states.
https://freerepublic.com/focus/f-chat/4095862/posts
Great, but their hands are so tied there’s really no reason. Law and order no longer exists there.
Most leftards are invalid but what can you do when they keep illegimately electing themselves to office.
Requring a vaccine as a condition of employment is certainly an issue for contract negotiations.
“Back pay for the improperly fired cops?”
Absolutely!
Pretzel logic. The judge must love playing Twister.
Canada - Border vaccine rules, mandatory use of ArriveCAN, mask mandates on planes and trains to end on Oct. 1 .. - meaning travellers will no longer need to provide proof of vaccination when entering Canada or wear masks on planes and trains.
https://freerepublic.com/focus/f-chat/4096310/posts
All of them deserve back pay and damages to compensate for the disruption of their lives.
Hope they all found jobs in far safer, more cop-friendly cities.
They should be awarded back pay from NY.
A rare breath of sanity; how refreshing.
You squeeze Jello with a tight fist, it goes elsewhere.
It's only common sense, but Democrats have never had any common sense. If vaccine mandates weren't a part of the job qualifications when these people were hired, then it is illegal to create, and impose a new qualification for them to be able to keep their job.
Most likely. Because the are 'special', i.e., government goons, and union goons, they have special rights and privileges not enjoyed by us common folk.
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