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New York City ordered to reinstate all cops fired over vaccine mandates
The Post Millennial, ^ | Sep 24, 2022 | Joshua Young

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."


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: mandate; mandates; mask; maskmandates; masks; masksmandates; newyork; newyorkcity; vaccine; vaccinemandate; vaccinemandates; vaccines

1 posted on 09/27/2022 7:59:09 AM PDT by george76
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To: george76

Swear....No back room discussions involved.


2 posted on 09/27/2022 8:01:24 AM PDT by Sacajaweau ( )
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To: george76

Back pay for the improperly fired cops?


3 posted on 09/27/2022 8:01:57 AM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX!)
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To: george76

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.”


4 posted on 09/27/2022 8:02:17 AM PDT by Flash Bazbeaux
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To: george76

Why would any police officer want to work in New York City?


5 posted on 09/27/2022 8:02:57 AM PDT by Jess Kitting
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To: george76

The jerks who pushed the covid restrictions need to be punished - nationwide.

And yes, I know it won’t happen.


6 posted on 09/27/2022 8:03:59 AM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: Sacajaweau

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


7 posted on 09/27/2022 8:04:34 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Great, but their hands are so tied there’s really no reason. Law and order no longer exists there.


8 posted on 09/27/2022 8:05:20 AM PDT by peggybac (My will is what I wanted. God's will is what I got.)
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To: george76

Most leftards are invalid but what can you do when they keep illegimately electing themselves to office.


9 posted on 09/27/2022 8:06:00 AM PDT by Leep (Hillary will NEVER be president! 😁)
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To: george76

Requring a vaccine as a condition of employment is certainly an issue for contract negotiations.


10 posted on 09/27/2022 8:06:16 AM PDT by Maine Mariner
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To: House Atreides

“Back pay for the improperly fired cops?”

Absolutely!


11 posted on 09/27/2022 8:06:48 AM PDT by Grampa Dave (Anyone, who can make you believe in absurdities, can make you commit atrocities.!" ~ (Voltaire)!, )
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To: george76
"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."

Pretzel logic. The judge must love playing Twister.

12 posted on 09/27/2022 8:07:16 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: BenLurkin

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


13 posted on 09/27/2022 8:08:49 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

All of them deserve back pay and damages to compensate for the disruption of their lives.


14 posted on 09/27/2022 8:17:28 AM PDT by BuchananBrigadeTrumpFan (If in doubt, it's probably sarcasm)
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To: george76

Hope they all found jobs in far safer, more cop-friendly cities.

They should be awarded back pay from NY.


15 posted on 09/27/2022 8:26:08 AM PDT by Bon of Babble (Rigged Elections have Consequences)
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To: george76

A rare breath of sanity; how refreshing.


16 posted on 09/27/2022 8:40:35 AM PDT by Theophilous Meatyard III (tt)
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To: Bon of Babble

You squeeze Jello with a tight fist, it goes elsewhere.


17 posted on 09/27/2022 9:00:33 AM PDT by blackdog ("That's an applause line you useful idiots" )
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To: 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...'"

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.

18 posted on 09/27/2022 9:52:35 AM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: House Atreides
Back pay for the improperly fired cops?

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.

19 posted on 09/27/2022 10:28:06 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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