Update from RAB on Vaccination Policies with 32BJ

We were advised by the Real Estate Board of New York (“REBNY”) that on September 30, 2021, the Realty Advisory Board (“RAB”) and 32BJ Union workers reached an agreement regarding the COVID-19 vaccination as a condition of employment. A memorandum of agreement (MOA) was entered into by the parties, a copy of which is annexed.





CLICK HERE FOR THE MOA...


This MOA sets forth a detailed procedure by which employers can collect information regarding employees’ vaccination status, and then give notice of intent to impose a vaccine requirement. After a policy mandating vaccination becomes effective, no sooner than two weeks from the requirement that employees provide their vaccination status, employees may be given four weeks to receive their first vaccination dose, and an additional four weeks to obtain the second dose of a two-part vaccination series.


If an employee does not otherwise qualify for an accommodation under existing law and still chooses not to be vaccinated, they will be able to choose one of three options: 1., an unpaid leave of absence for four months to become vaccinated; 2., furlough, generally with a six month right of recall to an available position should the employee become vaccinated or the requirement is lifted; or 3., separation from employment on a basis deemed to be not for misconduct. Any employee not vaccinated, and who fails to choose an option, will be placed in option 3 by default.


REBNY and RAB will soon be hosting a webinar to update you on this policy and RAB will be circulating a form policy and other documents soon to aid employers in the implementation of this MOA. Should you have any questions, please contact a RAB attorney for guidance.