COBANC has received a Temporary Restraining Order (TRO) enjoining and restraining the Unified Court System (UCS) from implementing the Mandatory Vaccination Program for all members of our bargaining unit. While the TRO is in effect, UCS cannot suspend COBANC members from employment or deny access to the employees' workplace based on the Mandatory Vaccination Program. Further, the TRO provides that UCS cannot lock out unvaccinated employees and must restore any individual member to full duty if they have been adversely affected by the program with full back pay, benefits, and replenishment of any leave utilized.
As you know, COBANC, along with multiple unions, applied for injunctive relief in conjunction with our PERB charges and have been working closely with one another. PERB authorized COBANC to proceed in State Supreme Court on Friday, October 1, 2021, and our attorneys at Davis & Ferber filed all the necessary papers over the weekend before conducting Oral Argument at the TRO hearing this afternoon. The TRO was issued shortly thereafter.
Absent any adjournments, which would extend the TRO, we will be back in State Supreme Court this Friday, October 8, for an injunction hearing. After this hearing, the assigned Judge will rule on whether UCS will continue to be enjoined and restrained with respect to the Mandatory Vaccination Program moving forward while PERB hears the underlying case.
As explained at our general membership meeting, this is the first step in a long process. We anticipate that UCS will fight us at every step along the way. We will keep working to keep all of you informed as the situation develops.
