On September 1, 2021, SHARE held a special member meeting fro 1-2pm to discuss the vaccine mandate, progress on negotiations with UMMS, and what we expected to happen. SHARE’s position on September 1 closely matched the email we sent to member a couple of days earlier. This is the text of that email.
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Below we have summarized all the information we have gathered about what is going on with the UMass Medical School's vaccine mandate. UMMS announced their policy of a vaccine mandate at the Town Hall on Tuesday, August 10th and then sent a memo to all employees. SHARE is negotiating with UMMS about the impact on SHARE members. We don’t know yet what agreement we might be able to get.
What is SHARE’s position on the mandate?
We want all SHARE members to be as safe as possible.
We don’t want any SHARE members to lose their jobs.
We believe that UMass should talk to people about this respectfully, listen to their concerns, and make accommodations where necessary. If SHARE members are comfortable taking the vaccine, we want to get them the information they need and easy access to get vaccinated. If SHARE members are not comfortable getting the vaccine, then we want to work out a solution together that keeps people both safe and employed.
What is SHARE doing about the mandate?
We are negotiating. As in all negotiations, we will not know what the outcome will be until we are done. UMMS acknowledges that they need to negotiate about this and have been answering questions and providing information. So far, they have not indicated much flexibility in their position.
SHARE has raised a number of issues that members have brought to us:
Only the Pfizer vaccine has been FDA approved. Other vaccines are still only approved for emergency use.
Other employers are giving more time or have mandates that allow employees to wear masks and do weekly testing if they are not vaccinated. And we already wear masks and do weekly testing.
People feel strongly about their right to decide for themselves whether they want to take it.
This mandate was rolled out very suddenly. UMass Memorial Hospital has a later deadline for their mandate. We need more time for people to think this through and make their own choice.
Everyone worked hard throughout the COVID crisis to keep UMMS running, and this sudden announcement doesn’t seem to acknowledge that commitment.
People who work entirely remotely have no contact with other employees.
People are worried about side effects of the vaccine.
Some people have very strong personal beliefs against taking the vaccine that may not be covered by the religious exemption policy.
SHARE has also made a number of proposals about how to approach the vaccine question:
Case management: If a SHARE member is adamantly opposed to taking the vaccine, we want to work together with HR to address their individual situation.
Staffing contingency plans: especially in areas with pre-existing staffing issues, we want to hear what departments plan to do if they lose staff because of the mandate (examples: AMED and CCU)
Vaccine access: We are requesting on-site vaccine clinics or work time release for people who agree to get the vaccine.
Information:
The SHARE Executive Board asked to have a meeting with Dr. Sharone Green about the mandate, and brought her questions. We are asking to have continued access to such resources.
Regular updates: about 75% of SHARE members have uploaded proof of vaccination.
Work from home: If someone is working entirely remotely, they should be able to be exempted because they do not pose any risk to other UMMS community members.
What is the Medical School saying?
So far, their position is what they said in their announcement.
Deadlines to be vaccinated
Everyone has to get at least the first shot of the vaccine, and submit proof, by 9/7/21
If the vaccine they got requires a 2nd shot, they need to get it by 10/8/21
This includes people who work mostly or entirely from home.
People who work remotely, who have not received their first shot of the vaccine by 9/7/2021, and their second shot by 10/8/2021, without an approved medical or religious exemption, may discuss a Work from Home arrangement with their manager. Work From Home arrangements may be approved up to December 31, 2021.
Consequences for not complying
If you don’t meet these deadlines then your badge will be deactivated, you won’t be able to work, you would have to use your own time to be paid, and you may be disciplined. If not complying by December 31st, staff will be terminated.
Exemptions for medical and religious reasons
To request a medical exemption, contact Employee Health
To request a religious exemption, contact Matt Lyford in HR Labor Relations
No other exemptions
Must request exemption by 9/7/21 and receive exemption by 10/8/21 in order to be able to work
After 9/7/2021, staff with a pending exemption request will be placed on unpaid administrative leave until the request is approved or denied. People awaiting a determination after 9/7/2021, may elect to use their vacation, personal, or compensatory time (no sick time) while on unpaid leave.
Can an employer legally require me to be vaccinated?
It looks like the answer is yes. Courts are ruling that the COVID vaccine can be mandated by employers, even though some are still only approved by emergency use authorization. It also appears that the Supreme Court has been unwilling to jump in to stop these mandates. There will probably be a lot more court cases, but so far they all seem to be going one way. In addition, the FDA is likely to give permanent approval to more COVID vaccines in the next month or two, and there is a lot more case law (like for the flu vaccine) saying that employers can mandate approved vaccines. We are continuing to follow this question.
Question and/or concerns?
Please let us know if you have any questions or concerns. You can reach us by email at share.umms@theshareunion.org or contact one of the SHARE organizers directly.