The City challenged the arbitrability of the Union’s grievance alleging that the FDNY violated the parties’ collective bargaining agreements and FDNY regulations by placing bargaining unit members on leave without pay for refusing to comply with the City Health Commissioner’s COVID Vaccine Mandate. The City argued that court-enunciated public policy precludes arbitration of the grievance, that vaccination is a qualification of employment, which does not give rise to any arbitrable right, and that there was no nexus between the placement of unvaccinated bargaining unit members on LWOP and the cited provisions of the Agreements and FDNY regulations. The Board found that the portions of the grievance concerning EDE and use of accrued economic benefits was arbitrable, but that the portions of the grievance challenging the placement of unit members on LWOP was not arbitrable. Accordingly, the City’s petition challenging arbitrability was granted in part and the Union’s request for arbitration was granted in part.

15-OCB2d-33-BCB-2022.pdf