newYou can now listen to Fox News articles!
A New York judge ruled Friday that the city’s order requiring members of the New York City Police Department to be vaccinated against COVID-19 is invalid because it applies to members of the New York City Police Charitable Association. .
In the ruling, State Supreme Court Judge Lyle Frank, sitting in Manhattan, ordered union members “who were wrongfully dismissed and/or given unpaid leave as a result of noncompliance” to be reinstated.
The filing said the New York City Department of Health and Mental Hygiene “improperly unilaterally created terms and conditions of employment.”
“In support of the argument that DOH commissioners can unilaterally create terms and conditions of employment, respondents cite recent federal lawsuits and first-instance court rulings. This argument also persuades , rejected the petition on the basis that vaccination was a condition of employment, but in such cases the city and their respective unions bargained collectively to include mandatory vaccination as a new condition of employment. But not here,” Frank wrote.
NYPD hunt suspect for attacking, robbing elderly man in East Harlem: video
The court did not deny that the power of attorney was proper and lawful at the time it was issued.
Respondents, however, said the DOH had not established a legal basis or legal authority to exclude employees from the workplace and impose other adverse employment behaviors as adequate enforcement mechanisms for vaccine mandates. .
Frank notes that respondents believe that the order that created the new terms and conditions of employment was “NYC Administrative Code 12-120 or the New York Civil Service Act § 3(1),” and that the mandate was “another legally created terms and conditions of employment.” The court disagrees that “one example”.
CDC expects Omicron boosters for kids by mid-October
PBA President Patrick Lynch said: “This decision confirms what we’ve been saying from the beginning. Vaccine mandates are a personal medical decision that members must make in consultation with their own health care professionals. It was an inappropriate violation of the right to release “We will continue to fight to defend these rights.”
A spokesman for the Department of Justice told Fox News Digital in an email on Saturday:
The ministry noted that other unions have lost similar cases, and that filing a notice of appeal freezes the judge’s decision until the appeal is heard.
CLICK HERE TO GET THE FOX NEWS APP
Adams announced a few days ago that it would drop the city’s private sector vaccine mandate.
Over 1,000 New York City employees have been fired for refusing vaccines.
The Associated Press contributed to this report.