Senator Andrew Lanza Introduces S7466-A To Reinstate All City Employees Terminated by COVID-19 Requirements

re-posted from ADVOCATZ.com

Betsy Combier

Editor, NYC Rubber Room Reporter, and ADVOCATZ.com 

Senator Andrew J. Lanza, Republican representing District 24 Staten Island, has introduced a Bill to reinstate any officer and employee who worked for the City of New York and was dismissed because of the COVID-19 Mandate.

We all need to support him in this effort!

STATE OF NEW YORK

7466–A

2023-2024 Regular Sessions

IN SENATE

May 30, 2023

                                                                                                               ______________________

Introduced by Sen. LANZA — read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 — recommitted to the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 – committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York, in relation to the reinstatement of certain officers and employees who were dismissed from employment due to a COVID-19 vaccine requirement

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The administrative code of the city of New York is amended by adding a new section 12-141 to read as follows:

§ 12-141 Reinstatement of employees dismissed for COVID-19 vaccination requirements. Any officer or employee of the city or of any agency thereof who was dismissed from employment due to failure of such officer or employee to comply with a COVID-19 vaccine requirement, shall be reinstated to their former position, in the same position or title and at the same salary and benefits, with retention of seniority and service time accrued, as such employee was receiving immediately prior to their 10 dismissal. Such officer or employee seeking reinstatement shall also be exempt from any waiver of civil service rights.

§ 2. This act shall take effect immediately.

Contact Senator Andrew J. Lanza’s Office

ALBANY OFFICE

Room 413 Senate Capitol Building172 State Street

Albany,  NY 12247

Phone: (518) 455-3215

Fax: (518) 426-6852

Office Hours: Albany Office

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DISTRICT OFFICE

3845 Richmond Ave. Suite 2A

Staten Island,  NY 10312

Phone: (718) 984-4073

Fax: (718) 984-4455

Office Hours: District Office

 map

EMAIL ADDRESS:

lanza@nysenate.gov

12 Employees at Biondi Schools Receive Backpay and Offers of Reinstatement

Twelve laid off employees at Biondi Schools in the Bronx and in Yonkers to receive backpay and offers of reinstatement

Office of Public Affairs
202-273-1991publicinfo@nlrb.gov
www.nlrb.gov
LINK

May 9, 2014

Twelve employees at the Biondi Elementary School in the Bronx, NY and at the Biondi Middle and High School in Yonkers, NY, who were laid off during bargaining for an initial collective-bargaining agreement, have received backpay and immediate offers of reinstatement as part of a settlement agreement reached on April 14, 2014.  

The employees were laid off by Leake and Watts Services (the Employer), a non-profit agency in New York that provides special education at the Biondi Schools, among other places.  On March 28, 2014, the National Labor Relations Board directed NLRB Region 2 –Manhattan  to seek an order in Federal court requiring the Employer to reinstate the laid off employees, to rescind unilateral changes that had been made to the employees’ health insurance, to provide requested information to the Union, and to bargain in good faith with the Union.  This temporary injunctive relief was sought to protect the right of the employees to have their chosen bargaining representative, Workers Essential at Leake and Watts, New York State United Teachers, AFT (the Union), to advocate on their behalf in collective bargaining and to prevent erosion of support for the Union due to the Employer’s alleged unlawful activities.  

On April 14, 2014, before the petition for injunctive relief was filed in Federal court, Administrative Law Judge Lauren Esposito approved a global settlement agreement.  While not admitting liability, the Employer agreed to offer reinstatement to the laid off employees,  to provide them with backpay, to pay out-of-pocket medical expenses incurred by bargaining unit employees as a result of the unilateral changes to the employees’ health insurance, and to bargain in good faith with the Union.  The Employer also agreed to post an e-mail a notice that addressed the alleged violations and advised employees of their rights under National Labor Relations Act. 

What are 10(j) Injunctions?