Wayne Vaccine Mandate Can Move Forward, State Arbiter Decides

WAYNE, NJ — The township is again allowed to enforce an employee vaccine mandate after the latest decision in the battle between officials and the police union.

First reported by NorthJersey.com, a state arbiter sided with the township, but did add that officials will need to sit at the table with the Wayne PBA to negotiate certain terms of the mandate.

The New Jersey Public Employment Relations Commission, following the arbiter's decision, revoked their decision to block the mandate, again clearing the way for officials to enforce the policy.

Township officials sent a letter to employees informing them of the mandate earlier this summer.

An excerpt from the letter reads: "Township employees who have not provided proof of vaccination and have not submitted a request for an accommodation by September 17, 2021 will be deemed non-compliant with this policy. Due to the extreme danger of the ongoing COVID-19 pandemic, non-compliant employees will be prohibited from working within any Township buildings, facilities or in the public."

Shortly after, PBA Local 136 filed a lawsuit on behalf of "all its members", noting three police officers individually who remain unvaccinated by choice. The suit was seeking a preliminary injunction to halt the implementation of the policy, but a Paterson judge decided against the challenge.

But this latest decision could allow the PBA to address some concerns with the township.

From the perspective of the PBA, the vaccine mandate violated the civil rights of the police officers the union represents, and put them at risk of losing out on life insurance benefits if they were to die due to complications related to the vaccine. They also challenged whether the mandate could be implemented since it wasn't collectively bargained with the union, something they'll have the opportunity to do now.

It's unclear exactly what the PBA can get out of the bargaining. Judge Ernest M. Caposela said the mandate didn't violate any civil rights, and even added that it was "justified in that it is proper exercise of the police power to protect the general public welfare."

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