Gov. Wolf's Vaccine Or Test Mandate Has Been Challenged By PA Prison Guards Union In Court

PENNSYLVANIA — The union representing Pennsylvania's prison guards has filed a lawsuit in Pennsylvania Commonwealth Court, arguing that the recent mandate requiring certain state employees to be vaccinated or receive regular coronavirus tests is illegal.

In their filing, the Pennsylvania State Corrections Officers Association argues that the vaccine or test mandate is unfairly not being applied to inmates, visitors, and outside vendors.

"The commonwealth's failure to apply the 'vaccinate or weekly test' rule to all individuals in the congregate setting unnecessarily increases the risk to the health and safety of the PSCOA members," the suit says, asking the court for an injunction on the governor's order.

RELATED: PA To Mandate Vaccine Or Weekly Testing For 25K State Workers

Corrections officers are among the 25,000 state employees who must either be vaccinated or tested weekly under Gov. Tom Wolf's August mandate.

The union noted that the previous coronavirus restrictions imposed on prisons — such as limiting inmate movement and not allowing visitors — have been lifted, increasing the risk of infection in the facilities.

Additionally, the union filed a grievance against the state, claiming the failure to apply the mandate to inmates, visitors and outside vendors violates the collective bargaining agreement reached by the union and state.

The grievance calls the state's failure to apply the vaccine-or-test mandate to inmates, visitors and outside vendors "discriminatory/disparate" that is "creating unsafe working conditions throughout congregate settings."

Under Gov. Wolf's August mandate, employees in corrections facilities, state hospitals, and other facilities were required to be fully vaccinated (or undergo weekly testing) by Sept. 7. Starting Sept. 7, all new hires must be vaccinated before starting employment.

Furthermore, starting Oct. 1, the state will be incentivizing the vaccine by offering employees a day off once they receive it.