PEF Sues State Over Mandated Vaccines

ALBANY, NY (10/16/2009)(readMedia)-- The New York State Public Employees Federation (PEF) has filed a lawsuit against the State of New York to block the mandated vaccinations of certain health care workers for the seasonal and H1N1 flu viruses. The suit seeks to nullify and void the emergency regulation imposed by state Health Commissioner Richard Daines requiring certain health care workers to be vaccinated by November 30 or face possible disciplinary action, including termination.

"Commissioner Daines acted in excess of his jurisdiction," said PEF President Kenneth Brynien. "This regulation is an absolute violation of the separation of powers, as it is an unconstitutional exercise of the Legislature's authority. If, and only if, such a mandate were deemed necessary, it should have come from the Legislature, not an administrator.

All other mandated vaccines have a statutory basis, yet this mandate is regulatory.

"There is no basis for an emergency regulation," Brynien said. "By the Health Department's own admission during an Assembly hearing held in Manhattan October 13, this regulation had been in the works for two years. Where is the emergency?"

The lawsuit, filed in Albany County Supreme Court, names Daines, the State Health Department, State Hospital Review and Planning Council, Governor David Paterson and the State of New York as defendants.

"This is about our right to make a choice," said PEF Nurses Committee Chair and registered nurse, Doris Dodson. "Why do certain health care workers have fewer rights than everyone else? Vaccination for influenza should be voluntary with emphasis on educational campaigns. The commissioner's regulation has done more to decrease participation in vaccination and created an unhealthy atmosphere in the workplace."

PEF encourages its members to be vaccinated against the flu, but is opposed to the emergency regulation mandating the vaccine as a condition of employment.

PEF is the state's second-largest, state employee union, representing 59,000 professional, scientific and technical employees, including 15,000 health care workers, approximately 5,000 of whom are covered by the emergency regulation.

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