Public Employee Press: PEP Talk
Union reps assist members with vax appeals
By DIANE S. WILLIAMS
District Council 37 was instrumental in brokering an agreement with the City of New York to ensure that members unable to comply with the vaccine mandate due to medical and/or religious reasons received the protections provided under the law.
The vaccine order between DC 37 and the City that municipal employees be vaccinated against COVID-19 is now in effect. The agreement, available at www.dc37.net, mandates eventual termination of employment for any DC 37 member who refuses to be vaccinated.
It led dozens of union members to file for exemptions based on medical or religious grounds. The DC 37 Legal Department and a team of council representatives in the union’s Education and Libraries Division, the Professional and Healthcare Division, and the Parks, Cultural and Higher Education Division set out to assist these members at virtual appeal hearings.
After receiving notice on Oct. 13, hearings were held Oct. 14, 15 and 18.
DC 37 established a COVID-19 vaccine mandate hotline to answer any outstanding questions regarding the COVID-19 vaccine mandate agreement. Members can call 212.815.1100 to speak to a representative, Monday through Friday from 8 a.m. to 4 p.m.
Erica Gray-Nelson, DC 37’s Sr. Assistant General Counsel, coordinated the appeals processes. Council Representatives Jose Alamo, Marcia Bryson, Norlita De Taza, Natasha Isma, Russell Johnson, Raul Rodriguez and Latreva Scott, and Grievance Rep Andre Bullock, represented the members who opted to appeal the Department of Education decision to deny their COVID-19 vaccine exemption request. Parks Division leaders David Boyd and Madonna Knight also handled some appeals.
“We were called on to help members appeal the DOE terminations based on non-compliance with the mayor’s vaccination mandate,” Bryson said. “These members were in a fight for their livelihoods because they refused to take the vaccine for religious or medical reasons.”
“It’s good that the union did not let members go at this alone,” Alamo said. “We hit the ground running. None of us had ever experienced anything like this.”
“The member could appeal the decision before an arbitrator from the Scheinman Arbitration and Mediation Services (SAMS). For example, our members who are DOE employees filed 156 appeals of which 92 were scheduled for hearings,” Gray-Nelson said. “The appeals that were not scheduled for a hearing were decided based on information received from the members.”
“In a short time span, we were able convince some arbitrators to grant a few members the exemptions allowed in the agreement,” Johnson said. “We did this under extreme circumstances and with very little time to prepare with our members.”
Hearings were scheduled back to back, from 8 a.m. until as late 7 p.m., in 15 minute intervals. An arbitrator heard each case and made a determination based on the policies in place. Reps were able to conference with the member privately in breakout rooms during the virtual hearing.
“One member I represented had taken the first dose of the COVID-19 vaccine and had a severe reaction that landed her in the hospital,” Scott said. “The DOE placed her on unpaid leave. She appealed and had to establish her medical exemption. I helped her explain to the arbitrator that she complies with the Mayor’s mandate because she did have one dose of the COVID-19 vaccine. The arbitrator reversed the DOE decision and had her placed back on the payroll. She was allowed to keep her job where she had worked without incident for over 24 years.”
“The union did not leave members in the lurch,” offered Bryson. “We understand that to attend a hearing alone and appear before an arbitrator can be very intimidating.”
“We were there to protect members’ rights and to lend them moral support as they explained their convictions to the arbitrator,” Bullock said.
In some cases, members won their appeals. In others, the arbitrator granted an extension that allowed the member time to get further documentation to substantiate their medical or religious objection to the COVID-19 vaccine. In the rush to impose the mandate, union reps said in some cases the agency had made mistakes. In those limited cases, members were not permitted to work at their assigned site and reps were able to convince the arbitrators to reverse the decisions.
“Members appealed their employers’ decisions denying their initial requests. In our view, any decision reversed or modified by SAMS was a win,” Gray-Nelson said.
“I’m very proud of the efforts and hard work of our entire staff to protect members’ jobs and their right to a fair process at these hearings,” said Michele Menduina, Education and Libraries Division Director.
