On September 30, 2021, the RAB and 32BJ reached agreement on terms by which employers are permitted to require their Local 32BJ-represented employees to be vaccinated against COVID-19 as a condition of employment. The MOA sets forth a detailed procedure by which employers can collect information regarding employees’ vaccination status, and then give notice of intent to impose a vaccine requirement. After a policy mandating vaccination becomes effective, no sooner than two weeks from the requirement that employees’ provide their vaccination status, employees may be given four weeks to receive their first vaccination dose, and an additional four weeks to obtain the second dose of a two-part vaccination series.
If an employee does not otherwise qualify for an accommodation under existing law, and still chooses not to be vaccinated, they will be able to choose one of three options: 1., an unpaid leave of absence for four months to become vaccinated; 2., furlough, generally with a six month right of recall to an available position should the employee become vaccinated or the requirement is lifted; or 3., separation from employment on a basis deemed to be not for misconduct. Any employee not vaccinated, and who fails to choose an option, will be placed in option 3 by default.
A webinar, form policy, and other forms will be circulated soon to aid employers in the implementation of this MOA. Should you have any questions, please contact an RAB attorney for guidance.
MOA (vaccination status) (signed)