9/3/21 Correction: SHARE estimates the vaccination rate of the membership to be roughly 75% (not 70%, as originally published).
What is going on with UMass Memorial’s vaccine mandate?
On August 4, UMMH announced their policy of a vaccine mandate in an email from Eric Dickson to all employees. COVID-19 vaccine mandates are all over the news right now – most Massachusetts hospitals will require it for their workers. SHARE will negotiate with UMMH about the impact on SHARE members. We don’t know yet what the results of those negotiations will be.
What is SHARE’s position on the mandate?
We want all SHARE members and patients to be as safe from COVID-19 as possible.
We don’t want any SHARE members to lose their jobs.
COVID vaccinations are a complicated and challenging topic for our union – not all of us agree on the path forward. Many SHARE members are already vaccinated against COVID-19 – we think the number is about 70%. Some of them support the mandate, others chose vaccination but don’t support a mandate. Some SHARE members want to know that people they work next to are vaccinated. Some SHARE members want to wait to decide about getting vaccinated. Other SHARE members say that that they can’t or won’t get vaccinated due to religious, medical, or ethical reasons.
SHARE will, as always, work collaboratively to negotiate the impacts of this decision and to elevate the diversity of voices throughout this process. We believe that UMMH should talk respectfully with those who are against getting vaccinated, listen to the concerns, and come to agreements that everyone can live with. UMass Memorial should provide answers to questions that SHARE members have, as well as easy access to the vaccine for those that want it. If SHARE members are not willing to get the vaccine, then we want to work out a solution together that both keeps people safe and keeps SHARE members employed.
What is SHARE doing about the mandate?
We will negotiate. As in all negotiations, we will not know what the outcome will be until we are done. UMMH acknowledges that they need to negotiate about the effects of the mandate on members.
SHARE members who object to the vaccine have raised a number of issues:
Some SHARE members feel strongly about their right to decide for themselves whether they want to get the COVID vaccine.
Some SHARE members would prefer to wear masks and do weekly or daily testing if they are not vaccinated as other employers are doing.
Some SHARE members have said they want more time to think this through and make their own choice.
Some SHARE members who work from home say that the mandate should not apply to them because they are not exposed to other caregivers or to patients.
Some SHARE members are worried about possible side effects of the vaccine, now or down the road.
Some SHARE members are asking about religious or medical exemptions.
Some SHARE members have strong personal beliefs against taking the vaccine that may not be covered by the religious exemption policy.
SHARE has received the following recommendations from members about how to approach the vaccine question:
Case management: If a SHARE member is opposed to taking the vaccine, we want to work together with HR to address their individual situation with them.
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, or if SHARE members are out sick after receiving the vaccine.
Vaccine access: We want on-site vaccine clinics or work-time release for people who agree to get the vaccine.
Information Exchange: We want to make sure UMMMHC makes itself available to answer a wide range of questions regarding the vaccine mandate. Additionally, it's important that we have a process for making sure that UMMMHC hears the wide range of perspectives SHARE members hold on the mandation.
Work from home: If someone is working entirely remotely, they should be able to be exempted.
How are Other Workplaces Handling Employee Vaccinations?
The Massachusetts Health and Hospital Association endorses vaccine mandates for all Massachusetts hospitals. Hospitals also face pressure from patients and the public to minimize the chance of Covid transmission. Still, some hospitals around the country continue to keep vaccinations elective, and eleven states have banned workplace COVID vaccine mandates entirely.
Hospitals and healthcare facilities are not alone in weighing decisions to require vaccinations for their employees. UMass Medical School has already announced a plan, including that all of their employees must get at least the first shot of the vaccine, and submit proof, by 9/7/21. This includes people who work mostly or entirely from home. UMMS says that staff who miss the established deadlines will have their badges deactivated, must use their own time to be paid, and may be disciplined. Those not complying by December 31st will be terminated. Our sister SHARE Union continues to work to negotiate with UMMS about their policy.
Members of the US military, federal employees and contractors, and nursing home staff who serve Medicare and Medicaid patients are required to be vaccinated, too. Additionally, MassLive reports that, “National companies like Disney [which has reached a vaccine mandate agreement with their largest union] are requiring guests to wear masks indoors while Facebook and Google have decided to mandate vaccines.” Some groups, such as Chicago’s police union, oppose such mandates, while others, such as the National Education Association, endorse the mandates. (You can read more in our previous posts). The specifics about what the mandate means varies from place to place.
Can an employer legally require me to be vaccinated?
It looks like the answer is probably yes. Courts are ruling that the COVID vaccine can be mandated by employers, even though some versions 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 has begun to given permanent approval to the COVID vaccines, and there is a lot more case law (such as that for the flu vaccine) saying that employers can mandate approved vaccines. Just last week, “a federal judge . . . dismissed a lawsuit challenging a requirement that students at the University of Massachusetts campuses in Boston and Lowell be fully vaccinated against the corona virus in order to return to campus.”
This pro-mandate piece on CNN rounds up a number of other legal precedents which suggest the highest courts will uphold the constitutionality of a mandate; conversely, this piece in the Boston Globe cites other precedents regarding “bodily integrity” that might overrule a mandate. We are continuing to follow this question.
What do you think?
SHARE would like to hear from you about what you think about the COVID vaccine. If you have an opinion, a personal story, or a question you would like SHARE and/or UMass Memorial management to hear, please send us an email at: share.comment@theshareunion.org