{"id":179794,"date":"2021-10-14T17:10:31","date_gmt":"2021-10-15T00:10:31","guid":{"rendered":"https:\/\/eugeneweekly.com\/?p=184141"},"modified":"2021-10-14T18:20:08","modified_gmt":"2021-10-15T01:20:08","slug":"oregon-corrections-union-tries-to-stop-vaccine-mandate","status":"publish","type":"post","link":"https:\/\/extra.eugeneweekly.com\/index.php\/2021\/10\/14\/oregon-corrections-union-tries-to-stop-vaccine-mandate\/","title":{"rendered":"Oregon Corrections Union Tries to Stop Vaccine Mandate"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Months after Gov. Kate Brown announced a vaccine mandate for all state workers, the Association of Oregon Corrections Employees union has filed a lawsuit, attempting to strike down the mandate. Some Oregon adults in custody, however, filed a legal reply, joining the defendants in the lawsuit, citing the health risk it would have on them if the vaccine mandate were thrown out.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Filed in the U.S. District Court for the District of Oregon in Eugene Oct. 9, the lawsuit argues that Brown and other agencies violated the employees\u2019 constitutional and labor rights by requiring employees to be vaccinated.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The union\u2019s members filed the federal lawsuit over Brown\u2019s Aug. 10 vaccine mandate for state workers. The <\/span><a href=\"https:\/\/www.oregon.gov\/gov\/Documents\/executive_orders\/eo_21-29.pdf\"><span style=\"font-weight: 400;\">mandate requires state employees to be vaccinated by Oct. 18<\/span><\/a><span style=\"font-weight: 400;\"> or provide reasons for exemption based on disability, medical or strongly held religious belief.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">According to the filing, members tried to bargain with correctional administrative officials starting Aug. 11. But officials sent an email to all Department of Corrections (ODOC) employees that they would be terminated if they remained unvaccinated.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">ODOC spokesperson Jennifer Black says 73 percent of ODOC employees meet the vaccine mandate. According to a chart sent to <\/span><i><span style=\"font-weight: 400;\">Eugene Weekly<\/span><\/i><span style=\"font-weight: 400;\">, it shows out of the 4,500 employees working, 2,513 are vaccinated (about 55 percent), 759 (about 17 percent) received a religious exemption and 27 were medically exempt. However, 76 percent of the inmates are fully vaccinated.\u00a0<\/span><\/p>\n<figure id=\"attachment_184143\" aria-describedby=\"caption-attachment-184143\" style=\"width: 482px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" class=\"size-full wp-image-184143\" src=\"https:\/\/extraew.wpengine.com\/wp-content\/uploads\/2021\/10\/084eb33a39b83bcebfc72f94043ae07f.png\" alt=\"\" width=\"482\" height=\"290\" srcset=\"https:\/\/www.eugeneweekly.com\/wp-content\/uploads\/2021\/10\/image001.png 482w, https:\/\/www.eugeneweekly.com\/wp-content\/uploads\/2021\/10\/image001-300x180.png 300w, https:\/\/www.eugeneweekly.com\/wp-content\/uploads\/2021\/10\/image001-400x241.png 400w\" sizes=\"(max-width: 482px) 100vw, 482px\" \/><figcaption id=\"caption-attachment-184143\" class=\"wp-caption-text\">Graph from ODOC<\/figcaption><\/figure>\n<p><span style=\"font-weight: 400;\">The union argues that the vaccine mandate violates their right to contracts, employees\u2019 14th amendment rights (which makes it illegal for any state or federal law to infringe on an individual\u2019s privileges or rights) and the National Labor Relations Act. The union is asking the court to block the vaccine mandate and award legal fees and relief to the plaintiffs.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The union\u2019s lawsuit argues that employees will be \u201cwrongfully terminated for refusing the COVID-19 vaccine or if they choose to compromise their personal belief systems in order to maintain their employment.\u201d\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The union posted on its website a Sept. 28 ODOC counterproposal to their request on the vaccine mandate, which the union called \u201claughable.\u201d ODOC said it would make accommodations for those who would be exempt under Brown\u2019s executive order. The agency would offer them remote work or telework, transfer of positions, shift changes or physical modifications to the employee\u2019s work area.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If an employee has begun the vaccination process late, ODOC offered, they\u2019ll be given until Nov. 30 to finish the process. During that grace period, the employee would work remotely. Or if remote work isn\u2019t possible, they\u2019ll be allowed to use leave with or without pay, depending on the employer.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If the employee\u2019s request to be exempt from the vaccine failed, they would have seven days to start the vaccination process.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Correctional officers joining the lawsuit with the union include seven employees whose years of work experience with the ODOC range from one year to 26 years. The union represents employees at the Oregon State Penitentiary, South Fork Forest Camp and the Oregon Correctional Institution.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">However, <\/span><a href=\"https:\/\/www.aoce.org\/docs\/Reply%20in%20Support%20of%20Motion%20to%20Intervene%20as%20Defendants%20by%20Maney%20Plaintiffs%20-%20AOCE.pdf\"><span style=\"font-weight: 400;\">some adults in custody filed a reply to the lawsuit<\/span><\/a><span style=\"font-weight: 400;\">, seeking to join the defendants on the lawsuit since they argue they\u2019d be negatively affected by allowing correctional officers to be unvaccinated. The adults in custody are forced to interact with the officers throughout the facility, as well as in their living space, the filing says.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The filing adds that unvaccinated employees will increase the risk that incarcerated people will contract COVID-19, resulting in severe and long-lasting physical injuries \u2014 such as death. According to the adult in custody filing, there have been almost 50 deaths throughout the ODOC since the start of the pandemic.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\u201cAnd in all events, the fact that 44 adults in custody have died from exposure to COVID-19 in ODOC\u2019s institutions only proves the significant, direct, and immediate interest that those who have not suffered such tragic consequences have in the issues presented in these proceedings,\u201d the filing states.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As of Oct. 14, a California correctional officers union has succeeded in temporarily blocking the vaccine mandate. According to <\/span><a href=\"https:\/\/www.sacbee.com\/news\/politics-government\/the-state-worker\/article254990142.html\"><i><span style=\"font-weight: 400;\">The Sacramento Bee<\/span><\/i><\/a><span style=\"font-weight: 400;\">, a state court judge blocked California\u2019s vaccine mandate on Oct. 14, the deadline set by California Gov. Gavin Newsom. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Months after Gov. Kate Brown announced a vaccine mandate for all state workers, the Association of Oregon Corrections Employees union has filed a lawsuit, attempting \u2026 <a href=\"https:\/\/www.eugeneweekly.com\/2021\/10\/14\/oregon-corrections-union-tries-to-stop-vaccine-mandate\/\">Continue reading\u00a0<span class=\"meta-nav\">\u2192<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":179796,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,100,101,2],"tags":[147],"class_list":["post-179794","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","category-covid-19","category-ew-extra","category-news","tag-vaccine"],"_links":{"self":[{"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/posts\/179794","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/comments?post=179794"}],"version-history":[{"count":0,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/posts\/179794\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/media\/179796"}],"wp:attachment":[{"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/media?parent=179794"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/categories?post=179794"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/extra.eugeneweekly.com\/index.php\/wp-json\/wp\/v2\/tags?post=179794"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}