City Will Enforce the COVID Mandate Ban For Current PBA Members, But Those Who Are Already Terminated or on Leave Without Pay Are Out of Luck

The NYC COVID Vaccine Mandate for City workers is dissolving before our eyes, but for our dear Mayor Eric Adams and all his hidden supporters.

On September 23, 2022 Judge Lyle Frank ordered the City of New York to put all members of the Police Benevolent Association back to work, including all those members already terminated, who could not, would not, or did not get terminated. Frank wrote that ” In the light most favorable to the non-moving party (PBA members), the Court will adopt respondents’ position that the mandate is not subject to rulemaking requirements as it was implemented as a new condition of employment.  (Emphasis added – Editor).

We have been arguing for almost a year, Martin Scheinman had no lawful right to make his LWOP (leave without pay) valid for all those people who were unable to get an accommodation or exception from the COVID Vaccine Mandate, for any unknown or assumed reason.

Then Judge Arlene Bluth also gave at least two Petitioners their jobs back, Elizabeth Loicano and Alexander Deletto DECISION, writing in her Decisions that neither the NYC Department of Education nor the NYPD clarified why they were denying their employees their religious exemption requests.

However, both of these decisions were Appealed to the Appellate Courts by the City Law Department, putting both decisions on hold.

Then, Judge Lyle Frank made his decision, putting every police employee back to work who had been on leave without pay or who was or will be terminated because they were not vaccinated. Yes, the City Appealed immediately – see my post:

Judge Lyle Frank in NYS Supreme Court Rules Vaccine Mandate Invalid For PBA Members

But on September 27, 2022, the City Law Department “will enforce a judge’s order barring enforcement of the city’s COVID-19 vaccine mandate for members of the largest police union while the decision is appealed.”

Wow! Okay, now there will be no more terminations or leaves without pay of PBA members who do not get vaccinated until the Appeal is decided. All past terminations and leaves without pay remain on hold, as is.


This means that if you were lucky enough not to get terminated or placed on leave without pay before September  23, 2022, you can remain active in your job as a member of the PBA, until whenever the Appeal Court rules on vacating or not Frank’s Order, but if you were already terminated, your reinstatement is on hold until the Appellate Court make it’s’ decision.

That’s unfair, and puts a section of the PBA in a bad place while others continue to be employed. This is not going to work. Also, what about the other municipal workers? Shouldn’t all employees of the City be treated the same way?

Yes. The New York City Law Department should not put a hold on anyone. Put all PBA members back to work, and all members of all the other city Unions back too. COVID is over. Didn’t JB, (Joe Biden) “the Big Guy”, say that?

Betsy Combier, Editor

NYC to appeal judge’s vaccination enforcement ruling, until then NYPD will comply with order

NY DAILY NEWS, Rocco Parascandola, Thomas Tracy, September 27, 2022

New York City will enforce a judge’s order barring enforcement of the city’s COVID-19 vaccine mandate for members of the largest police union while the decision is appealed.

In a letter shared with the Daily News, the city Law Department confirmed that the “New York City Police Department has been notified that no member of the Police Benevolent Association may be placed on leave without pay or terminated due to their non-compliance with the vaccine mandate.”

Manhattan State Supreme Court Judge Lyle Frank ruled on Friday that the city Department of Health and Mental Hygiene’s vaccination mandate couldn’t be used to fire or put PBA members on leave.

In his ruling, Frank wrote that the vaccine mandate is “invalid to the extent it has been used to impose a new condition of employment to current PBA members.”

Frank also ordered the reinstatement of any PBA member who was “wrongfully terminated” or put on unpaid leave for refusing to get vaccinated.

The city vowed an immediate appeal to Frank’s order. In the same letter, Assistant Corporation Counsel Lora Minicucci indicates that the city “dispute(s) the contentions” in the decision and “reserve all their rights and defenses in connection therewith.”

“While we are glad that the city has decided to comply with the order in this respect, we will continue to press for the city’s full compliance, including the reinstatement of any members who were terminated,” PBA President Pat Lynch said in a letter to his members Tuesday.

A spokesman for the city Law Department said a challenge to the decision will be filed and the pause on firings will be over once the paperwork is submitted.

“We are appealing the entire court ruling. The city’s appeal puts the portion of the decision calling for the reinstatement of unvaccinated officers on hold until the appeal is decided. For technical legal reasons, the part of the ruling which prevents the NYPD from terminating or placing unvaccinated officers on leave without pay is in effect until the court decides the appeal,” said spokesman Nicholas Paolucci.

Frank’s decision started a domino effect with other first responder unions, including the Uniformed Firefighters Association and the Uniformed Fire Officers Association using the decision as ammunition in their quest to get their unvaccinated members reinstated.

Other public employee groups have lost court bids to stop enforcement of the vaccine mandate.

In March, the U.S. Supreme Court rejected efforts by a group of teachers to seek religious exemptions to the mandate. The Supreme Court last December denied a similar challenge by health care workers.


NY City’s COVID Vaccine Mandate For Municipal Workers Given a Review at the U.S. Supreme Court

Mayor Adams Ends Mandate For Private Companies and Students’ Extra-Curricular Activities, But Not City Workers

Mayor Adams Unfairly Grants Exemptions To His COVID Vaccine Mandate But Not To NYC DOE Employees

Judge Rules St. Paul’s COVID Vaccine Mandate Cannot Be Enforced Due To Unfair Labor Practice

Ohio Judge Blocks Air Force Globally From Discharging Vaccine Refusers Requesting Religious Exemption

Michael Kane, et al. File Federal Case in Opposition to New York State Vaccine Mandate

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