New York City has paved the way and is freed from the first judicial attempts that sought to put a wall to the vaccination mandate that takes effect on next monday september 27, which obliges all teachers and school staff of public schools that have at least one dose of the COVID-19 vaccine to be able to attend schools.
In parallel, that same day, the mandatory inoculation order of former Governor Andrew Cuomo goes into effect, addressed to all staff of public and private hospitals, nursing homes and other healthcare facilities, which was ratified this Thursday by the state president Kathy Hochul, amid the resistance of the unions and the possibility that health professionals, refused to drugs, leave your units of care.
At this point in the respective immunization mandates, the Big Apple school personnel and the New York State sanitary, at less between 18% and 20% on average of these essential labor masses, they continue to refuse the order.
Despite attempts by union groups to block the measure, this Wednesday the juez Laurence Love The Supreme Court of the State of New York lifted a temporary restraining order that had put a pause to the immunization mandate issued by Mayor Bill de Blasio that reaches public school personnel.
“State and federal courts have consistently held that the mandatory vaccination requirement does not violate substantive due process rights and is duly within the powers of local power ”, dictated Love.
The judge cited case law dating back to 1905 that confirmed the government’s authority to require vaccinations. He also specified that it will be difficult for unions to demonstrate “Irreparable damage” as a result of the mandate, or that their interests outweigh those of public health in general.
Unlike the rest of the municipal workforce, educators do not have the option to get tested weekly.
The mandatory vaccination policy ordered by De Blasio applies to all adults who work in public school buildings, including teachers, administrators, counselors, cafeteria workers, custodians, school security officers, and contract employees.
“This is a great victory for the children of New York City and the employees of the Department of Education,” said the Department of Education (DOE) spokeswoman, Danielle Filson to local media.
Unions will continue to resist
In reaction, Hector Garrido, executive director of the District 37 Council Union, one of the plaintiffs’ organizations assured: “this is not the end of the road.”
“We are deeply disappointed that the temporary injunction has been lifted. We will continue to fight for him right of workers to make their own decisions health care, “said the union leader in a statement.
Garrido added that the most of its members are vaccinated and asked the City to reinstate an option for school staff to take a weekly coronavirus test, instead of put school personnel against the wall.
In that same direction, the abogado Allen M. Klinger said the labor groups he represents “no son anti-vaccines, ”adding that many union leaders have encouraged their members to inject themselves. He specified that this mandate violates “the bodily integrity” of employees, who may be subjected to “a forced injection or you will lose your job ”.
At the Court hearing, the attorney representing the City of New York, Kimberly Brown, stated that the challenge of the unions “Does not have merit”.
In the lawyer’s opinion, the mandate is aligned with the recommendation of the Centers for Disease Control and Prevention (CDC) that indicates that all school personnel be vaccinated as soon as possible.
In its judicial presentation, the Mayor’s Office argued that the mandate is driven by “potentially saving lives, protect public health and promote public safety ”.
What about the school staff now?
Despite the City’s firm mandate, only those who qualify You can request medical and religious exceptions. Those who refuse because of an unreasoned, or supported personal decision, have two options: o take leave without pay while maintaining their health insurance, could be fired or they will simply have to resign.
According to DOE sources until this Wednesday of the 78,000 total teachers who are contracted by the City, 67,860 have received at least one dose of the drugs. That is, they would be lagging to date at least 10,140.
Alert in hospitals
The gobernadora Kathy Hochul this Thursday in an informative session he reminded the workers of the state hospital system “That have a deadline” until next Monday, September 27 to be vaccinated, clearing any doubt about the possibility that this measure was, at least, postponed.
“We are sending a call to the entire state. There are facilities, for example in New York City, where 98% of their staff are vaccinated. It is not true that there is a shortage of workers. We are rigorously checking what is happening in all these centers, “the president said.
This request by the president is made amid union pressure, ongoing legal complaints and the risk that a personnel crisis is generated in state hospitals by groups of medical professionals and health personnel who radically refuse to give themselves the injection against the coronavirus.
“For those who refuse, we will find replacementsHochul said earlier this week.
In contrast, members of the Federation of Public Employees (PEF), they have reasoned to diario Times Union that such immunization mandate could cause thousands of unvaccinated nurses and other front-line healthcare workers to face suspension, or possible dismissal in state hospitals they already have staff failures.
“There is no one-size-fits-all, and the state is making a one-size-fits-all,” he explained. Wayne Spence of PEF to the New York environment.
The president of the United University Professions (UUP), Frederick E. Kowal, pointed out that around a third of the members of that union, more than 13,000 employees in three large hospitals and its related medical facilities are affected by the mandate.
From this group it is estimated that 10% are not vaccinated.
“We want to work with the governor and maximize the number of people vaccinated. We believe that incentives, counseling, working with members who are not vaccinated, is a way to attract people and achieve the goal ”, concluded the union leader.
Those who claim a exemption for religious reasons are free of liability until at least October 12, due to a temporary restraining order issued by a federal judge in Utica (NY) after 17 health workers will file a lawsuit for religious freedom.
More than 80% immunized
- 20% of workers in hospitals and homes of New York elders who still refuse to inoculate themselves against COVID-19 could be replaced, once the state mandate takes effect next Monday, warned Governor Kathy Hochul.
- 19% of workers of New York hospitals have not been immunized, according to figures from the state Department of Health based on statistics accumulated up to September 15.
- 18% is the percentage of not vaccinated in long-term care facilities for the elderly.
- 87% of New York City teachers were injected based on DOE numbers.
- 80% of the school personnel obliged to the vaccine have received at least one dose, that means a group of people that reaches the 29,600 people in all five boroughs.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.