MLC, 15 OCB2d 34 (BCB 2022)
Petitioners claimed that the City violated § 12-306(a)(4) and § 12-307 of the NYCCBL by failing to bargain over policies the City unilaterally adopted as a result of the Mayor’s order that all City employees be vaccinated by October 29, 2021. Petitioners argued that the City failed to provide sufficient time to negotiate issues relating to implementation of the Vaccine Mandate set forth in these policies, prior to arbitrary deadlines, in violation of the duty to bargain in good faith. The City argued that it had no obligation to bargain over the implementation of the Vaccine Mandate due to the public health emergency caused by the COVID-19 pandemic. It further argued that it had engaged in good faith impact bargaining and that there is no legal requirement that impact be bargained before the implementation of a policy. The Board finds that the City had a duty to bargain over mandatory subjects contained in its policies to implement the Vaccine Mandate and that it failed to do so. Accordingly, the petition was granted.