CSEA wins temporary restraining order against state Court System to temporarily halt vaccine mandate imposed without negotiations

By CSEA | September 24, 2021

ALBANY – A State Supreme Court Justice today granted CSEA, the union representing about 5,800 Unified Court System workers throughout the state, a Temporary Restraining Order (TRO) against the implementation of a vaccine mandate for non-judicial Court System workers that was set to go into effect on Monday, September 27, 2021.

The Judge temporarily restrained the Court System from going ahead with their vaccine mandate until at least next Friday, when CSEA believes there will be a second hearing at which the judge will hear additional arguments from both parties and decide whether or not the TRO will be converted into a preliminary injunction. If the court does convert the TRO into a preliminary injunction, the union believes it will last for 60 days, during which the state Public Employment Relations Board (PERB), which enforces public sector labor laws, has been ordered to rule on the underlying Improper Practice Charge previously filed by CSEA.

CSEA’s Improper Practice Charge is based on the Court System’s unilateral imposition of a change in the terms and conditions of employment, without negotiating those changes with CSEA. All this decision does is to require the Court System to negotiate the vaccine mandate with the union.

“This is a victory for the labor relations process, and reaffirms that the Court System is not above the Taylor Law, just like any other public employer in New York State,” said CSEA Communications Director Mark Kotzin.  “CSEA is supportive of efforts to keep our state workplaces safer, but these changes must respect the legal bargaining rights of workers.”


About CSEA:

The Civil Service Employees Association (CSEA) is one of the largest and most influential unions in New York and the United States. CSEA has about 300,000 members and represents state, county, municipal, school district, child care, and private sector employees. Formed in 1910, CSEA has improved the lives of hardworking New Yorkers for more than 100 years, and is the largest affiliate of the American Federation of State, County, and Municipal Employees (AFSCME). For more information, go to CSEANY.org.