The union representing some 2,300 Port Authority employees has filed a motion for a preliminary injunction against the Port Authority’s COVID-19 vaccine mandate, which went into effect Feb. 1.
The authority notified the Amalgamated Transit Union of the mandate in early January, which would require its 2,600 employees to be fully vaccinated against the COVID-19 virus by March 15.
Otherwise, they will face disciplinary actions, including termination. However, medical and religious exemption requests will be considered.
The ATU Local 85 has filed a grievance and a charge with the Pennsylvania Labor Relations Board alleging that the Port Authority violated the Pennsylvania Labor Relations Act by implementing the mandate without first bargaining with the union.
Because the arbitration process “will not produce a resolution until many months after” the March 15 deadline, the preliminary injunction was also filed, the union said Friday in court documents.
Previously the union and the Port Authority had worked together to determine financial incentives to encourage employees to get vaccinated, although the choice remained optional, a complaint filed by the union said.
On Jan. 10, when the agency notified union representatives that they would be enforcing a mandate, about 74% of Port Authority employees were vaccinated. At the time of the injunction filing, that number had risen to about 77%.
“While Port Authority management had hoped to have nearly all of the agency’s employees vaccinated on a voluntary basis, there are still approximately 700 employees who remain unvaccinated,” a letter from the agency to the union dated Jan. 10 said.
At the time of the filing, the union said that there were about 603 employees who had not been vaccinated.
The letter went on to say that the Port Authority “deems it in the best interest of the agency and the health, welfare and safety of its employees,” to mandate vaccinations.
Similar to their previous agreement, a financial incentive has been included in the mandate. Port Authority will pay employees $200 after proof of vaccination has been shown for anyone who has not already benefited from the previous incentive.
In the filing, the union briefly discusses what the impact on transit would be like if all 603 unvaccinated employees were fired, saying “there would be little, if any, public transit in Allegheny County.”
The union also noted that until this point, “the Port Authority has successfully delivered uninterrupted service over the past two years without a vaccine mandate,” and now as COVID-19 cases are declining, the agency enacts a vaccine mandate, the court documents said.
Previously, Port Authority spokesperson Adam Brandolph told the Post-Gazette that the number of daily trips the agency has had to cancel had grown substantially.
Mr. Brandolph declined to comment on the recent filings, as it is the Port Authority’s policy not to comment on pending litigation.
Other unions in Pittsburgh have also taken issue with vaccine mandates. In November, the unions representing Pittsburgh Police and Firefighters both filed grievances with the city after former Mayor Bill Peduto issued an executive order stating all city employees must be vaccinated.
An arbitrator ruled in favor of the firefighters union. The Fraternal Order of Police is still working through its grievance process.
In a previous interview, Mr. Brandolph told the Post-Gazette that the agency believes it is on solid legal ground for the mandate.
Neither the attorney representing the ATU nor union president Ross Nicotero could be reached for comment Sunday.
Hallie Lauer: hlauer@post-gazette.com
First Published: February 21, 2022, 1:25 a.m.
Updated: February 21, 2022, 11:55 a.m.
