US Public Servants Fired for Not Taking COVID Vaccine Win Reinstatement Battle

Labor Commission: "Negotiations with Union Should Have Preceded Disciplinary Action"
Order to Pay Unpaid Wages with Interest After Reinstatement

Chicago public employees who were fired for refusing mandatory COVID-19 vaccinations during the pandemic now have a path to reinstatement. Additionally, they will receive retroactive pay for the period they were unemployed.

On the 21st (local time), Chicago media reported that “the Illinois Labor Relations Board (ILRB) ordered the reinstatement of all public employees who were dismissed due to vaccination issues, the expungement of disciplinary records, and the payment of retroactive wages with an additional 7% interest.”

This ruling came after more than 20 unions representing Chicago public employees filed a complaint against the City of Chicago with the ILRB, alleging unfair labor practices.

In a 78-page ruling, the ILRB arbitrator stated, “When Chicago Mayor Lori Lightfoot (60, Democrat) implemented the mandatory vaccination policy for public employees in the fall of 2021, she did not engage in ‘good faith bargaining’ with the unions regarding the consequences of this policy.”

The ruling continued, “Before imposing unpaid administrative sanctions or dismissals on public employees who failed to report vaccination status or refused vaccination without proper exemption reasons, the city should have sought union consent or negotiated until a deadlock was reached.”

Furthermore, the ILRB explained that the City of Chicago imposed unusually harsh disciplinary measures on public employees who did not comply with the vaccination mandate. Although regulations allow for disciplinary actions up to dismissal for policy violations, there had been a prior practice of lenient treatment of such violations.

Chicago public officials are protesting against vaccine mandates in front of City Hall in October 2021. [Image source=Yonhap News]

The American Federation of State, County and Municipal Employees (AFSCME) welcomed the ruling as “an encouraging case that significantly strengthens workers’ rights,” stating that it “confirms the employer’s obligation to bargain in good faith with the union when considering significant changes to employment conditions.”

The Chicago Federation of Labor also praised the decision as “a ruling that defends workers’ rights to have a voice in the workplace through collective bargaining.”

However, Mayor Lightfoot’s office opposed the ruling, calling it “a flawed decision that does not follow law, facts, or science.” The City of Chicago can request a rehearing from the ILRB within 30 days.

Since Mayor Lightfoot is set to leave office on the 15th of next month, the decision on whether to request a rehearing may be left to the pro-union Mayor-elect Brandon Johnson (47, Democrat).

Meanwhile, the number of current and former public employees affected by this ruling has not been confirmed. The Chicago Police Union has filed a separate lawsuit on this matter.

This content was produced with the assistance of AI translation services.