New Jersey appeals court forces unions to accept vaccine mandates, regardless of contracts

Public sector unions cannot resist COVID-19 vaccine mandates imposed by the New Jersey city of Newark on the basis that their contracts must first be renegotiated, according to a recent state appeals court ruling.

"We hold that the City has a non-negotiable managerial prerogative to immediately implement its COVID-19 vaccination mandate," the unanimous three-judge panel wrote in its ruling Monday, overturning restraints on Mayor Ras Baraka imposed by the Public Employment Relations Commission.

Police, firefighter and other city employee unions filed unfair labor practice charges against the city in August, after Baraka gave them just six days to "be fully vaccinated" or face discipline, including termination. They had 30 days to provide proof.

PERC halted the order, demanding the city "expeditiously negotiate in good faith" because unilaterally imposing the order risks a "chilling effect on the negotiations process."

The opinion by Judge Robert Gilson admitted the city hadn't cited "any statute or regulation" that authorizes Newark to unilaterally impose vaccine mandates apart from collective bargaining, while the unions cited the New Jersey Employer-Employee Relations Act.

"Nevertheless, the City has a well-recognized right to hire or direct its workforce," Gilson wrote. "In the context of a public health emergency, negotiating procedures for the implementation of a COVID-19 vaccination mandate, or the enforcement or timing of the mandate, would interfere with the managerial prerogative."

Citing national rather than local or even state COVID infection and death reports, the judge concluded: "Delaying, even on a temporary basis, the timelines for implementing the vaccination mandate undercuts the effectiveness of the mandate."

Gilson noted 70% of New Jersey adults are fully vaccinated. He didn't mention natural immunity or ask the city why regular testing is not an acceptable alternative to vaccination, as the unions suggested. NBA players

"Issues like being ordered to get tested while off-duty, or getting put out on unpaid leave time are things that are in contrast with the language in many of our contracts, so now we look ahead to see where PERC takes this decision moving forward," Newark Fraternal Order of Police Lodge No. 12 President James Stewart told NJ Advance Media.