Posted on 09/24/2022 8:37:24 AM PDT by thegagline
In a major victory for members of the NYPD’s largest police union, a judge ruled Friday cops who were fired for not getting vaccinated against the coronavirus have to be reinstated.
In the stunning decision, Manhattan Supreme Court Justice Lyle Frank wrote that the city’s vaccine mandate on the Police Benevolent Association was invalid “to the extent it has been used to impose a new condition of employment” on the union.
The mandate was also invalid because it issued enforcement beyond “monetary sanctions” prescribed in the law, Frank wrote — ordering that all PBA members put on leave or canned be reinstated.
It would be a “gross overstatement” of the city’s Department of Mental Health and Hygiene to say it could enforce the vaccine mandate through termination, unpaid leave or suspension, Frank 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,” PBA President Pat Lynch said in a statement.
“We will continue to fight to protect those rights.” *** The ruling is the second big blow against the Big Apple’s COVID-19 measures in a week, after a Manhattan judge ruled last week an NYPD cop who sued over the mandate couldn’t be fired for refusing to get jabbed.
Brooklyn cop Alexander Deletto, 43, should be allowed to keep his job after the city offered no explanation why it rejected his request for a religious exemption.
The two rulings could also set precedents for other unions in various city departments, to the extent the mandate isn’t codified in their collectively bargained labor deals. ***
(Excerpt) Read more at nypost.com ...
Normally this kind of reinstatement involves back pay for time missed.......if that’s the cade I’d go back for that and then beat feet.
The real question how many LEOs already moved to Florida and took supergovernor DeSantis up on his $5,000 signing bonus for relocating to the sunshine state.
Those are automatic.
One out of millions?
Good. If employees want to go back to work for Socialist Drones, they should at least have the option.
All future lawsuits are going to be too little, too late. The damage to our country (and the world) has been done.
As designed by our ‘betters.’ :(
Yep. Class action suit against the city. The fired officers civil rights were violated. The right to equal protection must be up held.
I was doing off site consulting work for a company and I got an email saying that all employees and consultants (specifically including off site) needed to show evidence of vaccination. I replied “none of your business.” I continued to finish the project but the funny thing, they prepaid me.
Not soliciting any more work from them.
This, right here, is definitely one of the positive benefits of having a defined contract.
We had talk about this at my workplace as well. Fortunately it never came down to a forced jab scenario.
They were so screwed over even a libtard judge noticed
Won’t bring back the cops who relocated to a more hospitable city. Come on back. We won’t jab you, just treat you like crap.
Those who were fired need to also sue their union for reimbursement of every penny of dues they ever paid, plus interest.
The "union" proved itself to be a fraud. They had their chance to stand up and say on day one; "either everyone works, or no one works, and you can take your Pfascist mandate and stick it up your..."
Don’t tell DugwayDuke....
Can’t disagree with that!
there were companies that bucked the mandates-
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