LEEBA, 16 OCB2d 8 (BCB 2023)
The Union claimed that the City violated NYCCBL § 12-306(a)(5) when it terminated unvaccinated bargaining unit members and ceased their health benefits. The City argued that termination is the consequence of failing to comply with the Vaccine Mandate, which was a managerial prerogative due to the public health emergency caused by the COVID-19 pandemic. The Board found that the City did not have a duty to bargain over the decision to terminate employees for failing to comply with the Vaccine Mandate. Further, the Board found that the City did not refuse to bargain over termination procedures. Accordingly, the petition was dismissed.