The city of Boston is appealing a Massachusetts Appeals Court judge's decision to block the city's COVID-19 vaccine mandate for employees, which comes in response to a lawsuit brought by unions representing first responders.
Mayor Michelle Wu's mandate, announced in December, requires the city's 20,000 employees to be vaccinated and was originally set to take effect on Jan. 15, 2022. There has been an ongoing back and forth between the mayor's office and the city's labor unions.
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"Courts across the country have repeatedly recognized the rights of state and local governments to require full vaccination of public employees. Our appeal will help ensure the City can protect public health moving forward in line with that precedent as we continue negotiating with our labor partners," a city spokesperson wrote when asked to comment on the appeal.
The Boston Police Superior Officer Federation, the Boston Police Detectives Benevolent Society and the Boston Firefighters Union Local 718 filed a lawsuit in response to the mandate announcement. Part of the issues centers around an argument that the mandate violates part of collective bargaining law and their MOAs.
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Earlier this month Justice Sabita Singh temporarily blocked the vaccine mandate from taking effect, preventing these union workers from getting fired for non-compliance. For now, are able to return to their jobs and undergo routine testing as an alternative to getting vaccinated.
The Boston Police Superior Officers Federation said Friday they were "deeply disappointed" by the mayor's decision to appeal the injunction.
"The Federation and our allied public safety unions have made several offers to Mayor Wu’s advisors to resolve this dispute and she has ignored them. The City has refused to meet with us for weeks, despite requests. Mayor Wu’s decision to continue litigating instead of meeting with us at the bargaining table is frustrating. Our members who have committed themselves to a life of service deserve to be protected, respected, and fairly treated. Now that we have all worked collaboratively through the Omicron surge, let us get back to work and focus on improving the public safety and quality of life for the better," the union wrote.
The injunction was not a final decision on the case, but was set to stay in place until the case was resolved.
The city had previously reached an agreement with the Boston Teachers Union to allow a testing option for unvaccinated teachers.
The ongoing battle comes even as the mayor has lifted the proof of vaccine requirement for certain businesses in the city, citing improved COVID-19 metrics.