If you are in non-compliance with the Governor's Executive Order (vax or testing mandate), we urge you to speak with a Union steward! Separations appear imminent.
Separations from state service are to commence on Tuesday, October 12th. The state's intent is to place any employee who fails to demonstrate compliance with Executive Order 13G on administrative leave, without pay or benefits.
Under an agreement negotiated by A&R along with the other unions of SEBAC, if you are in non-compliance, you can opt to preserve your specific position for 45 days. If within the 45 day period you come into compliance, you may return to your position. This 45 day return proviso cannot be accessed under the A&R contract. In some respects it can be viewed as a last, good, option, which is why the coalition has negotiated on your behalf to make this option available to you. However, be aware that 30 days into the separation the affected person faces a decision, and their choice at that point may jeopardize their right of return under the Agreement.
The Agreement is somewhat complex. It is important you read and understand the Agreement before deciding whether or not to sign it. Speak to a Union steward.
Read the SEBAC AGREEMENT.
COSTS of TESTS
The Agreement establishes that costs associated with testing shall be borne by the state for the duration of the Emergency Declaration. Also, members subject to testing do not need to test while on vacation (or other extended leave), but must have proof of negative test taken no more than 72 hours prior to return.
SEPARATIONS
At the time the state informs affected members they are being separated from state service, the state will offer the person the option to avail themselves of the SEBAC Agreement. You can choose not to avail yourself of the Agreement, in which case the 45 day right of return will not be available to you.
You do have the right under the A&R contract to dispute the separation. We will represent your interests under our contract and argue the facts of your case through the grievance process. Please be aware that if you are found to be in direct violation of the Executive Order, your rights at that point may become very limited. A clear refusal to abide the testing or vaccine mandate likely represents just cause for discipline. It is highly unlikely an arbitrator will reinstate an employee terminated for such a refusal.
SPEAK WITH A UNION STEWARD!
To be certain, if you are not in compliance with the EO on Tuesday, you can expect to be immediately placed on unpaid leave.
We are making the following recommendations:
- Consider becoming compliant before Tuesday
- by having available on Tuesday morning proof of vaccination of 1st shot, or;
- by having available Tuesday morning proof of COVID test results
- If approached by management for non-compliance you should immediately ask for union representation
- SPEAK WITH A UNION STEWARD BEFOREHAND
- We will explain options available to you if facing separation
-posted 10/8
-updated 10/9