10/8/21: Information provided to PPOA from membership, and later reported by ABC7, led PPOA to Sheriff Villanueva’s comments. The Sheriff states, “No, I will not” in regards to a question regarding the enforcement of the County’s COVID-19 Vaccination Mandate, at approximately the 32:20 minute mark, during Wednesday’s Facebook Live briefing.
Week in Review – 10/9/21
Fulgent registration, open enrollment and more…
https://conta.cc/3iKAWfs
County Distributes COVID-19 Vaccine Mandate Policy Over Objections from PPOA and CCU
Today, October 1, 2021, over the continued objections of PPOA and other members of the Coalition of County Unions (CCU), the County distributed its COVID-19 Mandate Policy. This action, and the information contained within these documents, provides concrete evidence to support the CCU’s decision to declare IMPASSE this week regarding the current impact negotiations. As stated previously, PPOA and the CCU continue to maintain a collective stance:
- against any COVID-19 Vaccination Mandate that includes discipline
- continuing to demand accommodation and/or testing options for our members who may not be defined within medical and/or religious exemptions
- continuing to address with the County the unreasonableness of the timeline
Please review any and all documents released during these times of contention carefully. Until further remedies are completed or negotiations are re-engaged, the County is acting unilaterally in issuance of any policy or corrective actions. IF ORDERED by your respective Department (District Attorney, Medical Examiner-Coroner, or Sheriff) to adhere to the policy, non-compliance could result in allegations of insubordination and future discipline. Only you can make this very personal decision. It should be understood that PPOA will continue to represent our members as outlined in the Memorandum of Understanding (MOU) and the legal defense plan.
PPOA, as an organization, continues to recommend protecting yourselves and colleagues in the workplace by utilizing available personal protective options such as hand sanitizers, masks, as well as the COVID-19 vaccine if you so desire and is permissible within your personal beliefs. The safety of our members and their families is of paramount importance.
HOWEVER, the poorly conceptualized demands of the County mandate ignore good labor relations, logic, and unrecognized consequences to the citizens of Los Angeles County. Adding insult to injury, the breakdown in impact negotiations and the threat of termination to our members, requires PPOA and the CCU to fulfill our duty in defending the labor rights and working conditions of ALL of our members, including those who have decided not to vaccinate.
COVID-19 Vaccine Mandate – Impasse Declared
9/29/21: Through yesterday afternoon and evening, the County and the Coalition of County Unions (CCU), including PPOA and ALADS, met yet again to address impacts of the pending COVID-19 Vaccination Mandate. PPOA and the other unions of the CCU believe the County is seriously underestimating the impacts of this mandate to their workforce. During this negotiation session, progress on the details of proposed policies and protocols could not be attained. For this reason, the member unions of the CCU today filed IMPASSE documents!
Here is a synopsis of the facts as PPOA knows them:
- The COVID-19 Vaccination Mandate Executive Order is still in place and requires of all County employees to demonstrate proof of vaccination by October 1, 2021
- Negotiations on the impacts of the COVID-19 Vaccination are at impasse, without resolution at this time
- No one will be disciplined/suspended/fired on October 1, 2021 as a result of not being vaccinated against COVID-19
- The County wants all employees to register in the Fulgent Genetics website/tracking system, REGARDLESS of vaccination status, by October 1, 2021, in order to gather more accurate data on the number of employees who are vaccinated, are not vaccinated, and the anticipated number or medical/religious exemptions needing to be addressed
- The report back from the CEO to the Board of Supervisors at the meeting of September 28, 2021 reflected the following numbers:
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- 67,273 County Employees have registered with the Fulgent Genetics tracking system
- 58,865 County Employees of those registered are fully vaccinated,
- 1,627 County Employees of those registered are partially vaccinated,
- 5,966 County Employees of those registered are not vaccinated, and
- Approximately 44,700 County Employees have not yet registered
- PPOA has been allocating extensive resources to the COVID-19 pandemic and related legal issues since March of 2020, meeting with staff and legal team twice a week
- The “law of the land” regarding vaccination mandates is currently based on a 1905 Supreme Court Decision, Jacobson v. Massachusetts. This case has been unsuccessfully challenged over forty (40+) times related to the COVID-19 vaccination mandates nation-wide.
- PPOA has gathered legal opinions and consulted with counsel from the Fraternal Order of Police, the California Coalition of Law Enforcement Association, and the Peace Officers Research Association of California, all verifying the legal parameters of Jacobson v. Massachusetts, have no perceivable challenges at this time,
- The County, as an employer, has the legal right to your vaccination status
- PPOA and the associations above have dedicated their legal teams to tracking, monitoring, and exchanging information related to lawsuits filed within the state and country, in efforts to identify changes in strategy and/or potential judicial action
Speaking of strategy and lawsuits, PPOA, as well as many other unions, have become aware of various law firms operating statewide to step into the legal fracas on this issue. All we can say, is BUYER BEWARE! As described above, PPOA is utilizing every legal resource possible in our strategies. The current legal atmosphere does not bode well in challenging COVID-19 related mandates. Groups asking individuals for “donations” or “up-front fees” to fund temporary restraining orders, or other legal action may not have your best interest.
PPOA, as an organization, while an advocate of safety in the workplace, believes the the COVID-19 Executive Order, mandating all County employees to be vaccinated by October 1, 2021, to be draconian, resource intensive, and an unprecedented process which threatens the employment of County employees unnecessarily. PPOA and the CCU have maintained a collective stance:
- against any COVID-19 Vaccination Mandate that includes discipline
- continue to demand accommodation and/or testing options for our members who may not be defined within medical and/or religious exemptions
- continue to address with the County the unreasonableness of the timeline
However, with the information above, and the threat of potential discipline to members being ordered to comply with the policy, PPOA is advising members to consider their personal decisions carefully regardless of vaccination status. IF ORDERED by your respective Department (District Attorney, Medical Examiner-Coroner, or Sheriff) to register in the Fulgent tracking system, non-compliance could result in allegations of insubordination and future discipline. Only you can make this very personal decision.
Continue to monitor PPOA communications as further updates will be provided following additional negotiations meetings.
PPOA Week in Review: 10/2/21
Negotiations Impasse, COVID-19 Policy and more…
Week in Review – 9/25/21
Week in Review – 9/18/21
Update on Vaccination Mandate and more… https://conta.cc/3kkHzqj
COVID-19 Accommodation Forms Distributed
As predicted last Friday (9/17/21), the Department of Human Resources, over the strenuous objections of PPOA and other CCU members, distributed COVID-19 Accommodation Forms and Guidelines this evening. This action, despite the fact that negotiations have not yet concluded, is inappropriate and from a PPOA perspective, represents bad faith negotiations. At this time, PPOA recommends members familiarize themselves with the provided forms and guidelines, as they may be needed when the vaccination policy is finalized. Notwithstanding this development, negotiations continue and details of this policy are still fluid.
Regarding these Accommodation forms, unfortunately, negotiations with the County are incomplete and ever-changing, leaving PPOA very little additional information to offer at this time. Should you have any questions, concerns, or comments regarding the forms, PPOA highly recommends contacting the LA County Department of Human Resources at (213) 974-2406.
COVID-19 Vaccination Mandate – UPDATE 9/18/21
This week, PPOA, along with ALADS and the other unions of the County Coalition of Unions (CCU) continued impact bargaining negotiations related to the proposed COVID-19 vaccination policy. PPOA, as an organization, is an unyielding advocate during these negotiations, fighting for all of our members regardless of personal beliefs or positions on this issue, as due process was bypassed, and your rights to employment are being challenged.
The PPOA Board of Directors is following a legal, political, and collaborative strategy with our labor partners, ALADS, and the other members of the CCU. We have thoroughly researched legal options and opinions from the top legal defense attorneys utilized by our coalition partners (FOP, California Coalition of Law Enforcement, Southern California Alliance of Law Enforcement, Peace Officer’s Research Association of California) and monitor numerous lawsuits nationwide for any nuggets of knowledge which may adjust our strategy.
The COVID-19 vaccination mandate issue has caused more confusion between the Chief Executive Office, County Departments, the unions and our members, than any other concern in recent times. The Board of Supervisors set direction which the County Departments do not have the resources to accomplish by October 1. The CEO’s negotiators present information from the Department of Human Resources which is complex, convoluted, and sometimes incorrect. The Sheriff has said “I must state my belief this is a labor issue which must be worked out between the unions and the Board of Supervisors.” Who at the County can provide clear direction? This is the problem.
PPOA is doing our best to provide membership with the best information available. The problem is, there is very little! Negotiations are slow going, lengthy, and far between, as scheduling with the County is difficult based on their negotiations with other unions also.
Please be patient as this confusion is generating voluminous inquiries. PPOA will continue to provide factual information as it develops. Should you have any questions or concerns not being addressed, be sure to email PPOA at info@ppoa.com.
Week in Review – 9/4/21
New Fringe Benefits Contract, Meeting with Sheriff Villanueva and more…
https://conta.cc/3n2bS6U