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Board dismisses challenge to Governor Baker’s vaccine mandate

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Boston, MA - 5/17/2021: Governor Baker along , Lt. Governor Polito, Secretary Sudders and Secretary Kennealy presser re: Reopening Update at the State House – Gardner Auditorium about changes on the COVID-19 restrictions(David L Ryan/Globe Staff ) SECTION: METRO

Matt Murphy/SHNS

The complaint filed by the State Police troopers union against Gov. Charlie Baker over his vaccine mandate for public employees has been dismissed by an investigator with the Department of Labor Relations who ruled that the administration did not violate its obligation to bargain the vaccination requirement.

The State Police Association of Massachusetts challenged Baker’s mandate at both the administrative level and in the courts, where a judge also rejected the union’s request to block implementation of the mandate until an agreement could be reached.

Baker on Aug. 19 signed an executive order requiring all executive branch employees to provide proof of vaccination by Oct. 17 or face disciplinary action, including possible termination. The administration reached out the same day to SPAM to open collective bargaining negotiations over the details of the mandate, but were unable to reach an agreement before the October deadline. James Sunkenberg, an investigator with DLR, said in a decision issued Tuesday that the administration satisfied its requirement to bargain the policy with the police union, calling the establishment of a deadline “reasonable and necessary” given the circumstances of COVID-19. “The Order imposes a deadline to protect the health and safety of all Massachusetts workers and residents and to ensure that the executive department continues to function,” Sunkenberg wrote in his 19-page ruling. “I therefore agree with the Commonwealth that the public interest in ending the COVID-19 pandemic amounts to circumstances beyond the Commonwealth’s control that require imposing a deadline for negotiations.”

The union could appeal the dismissal to the Commonwealth Employment Relations Board.

At the time the mandate took effect, Baker and union officials said roughly 85 percent to 90 percent of troopers were vaccinated, and about 200 had sought exemptions on medical on religious grounds. A spokesman for SPAM was not available to comment on union members’ current vaccination status, or the DLR ruling.

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2 Comments

2 Comments

  1. Darcy paton

    December 8, 2021 at 10:54 pm

    You know we are not children. We are not stupid. It seems Baker is a bit of a control freak. And I beg to ask who’s pocket he is in. It was one thing to take away menthol cigaretts and give all that revenue to Rhode Island. I asked then who the heck does he think he is making that choice for people. Nothing better to mandate? Now mandating vaccinations. Everyone should walk away from there jobs over this. Remember “WE THE PEOPLE” if we give them this what does that say about us as people. Sheep. Stand up!!!!! For gods sake againt mandated vaccinations!!!!!!!!!!

    • Hamish5625

      December 9, 2021 at 7:14 pm

      …..THE Darcy Paton I knew YEARS ago? Either way, COULDN’T agree with you MORE; this is a RIDICULOUS overreach and wholly-ILLEGAL, scientifically-ILliterate (which SHOULD be OVERWHELMINGLY apparent by NOW after nearly TWO years of institutional FAILURES, with close to 2,000,000 Americans ALONE dead to DATE as a DIRECT result of SUCH treasonous, psychopathic STUNTS, systemic intellectual CORRUPTION – and those responsible, WILL yet be CONVICTED for them). So many of KNOW the WHOLE truth of HOW we arrived here, even IF it actually took CENTURIES…..

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