A COVID-Free Workplace
IFPTE’s Toolkit for Local Unions and Members
The federal government has put in place policies designed to create COVID-free workplaces for millions of federal employees, federal contractors and workers in the private sector. IFPTE supports this effort, as we believe that it is the duty of employers to provide our members with a safe workplace. This webpage provides resources for IFPTE locals and members as we all do our part to ensure safe workplaces, prevent the spread of COVID, and defeat the pandemic.
IFPTE encourages federal sector locals to start negotiating impact and implementation of the Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees as soon as possible.
April 8, 2021 UPDATE:
Federal Court Reinstates Federal Employee Vaccine Requirement — IFPTE Locals Should Negotiate Over Unvaccinated Employees
Due to the recent federal Circuit Court of Appeals ruling related to unvaccinated employees, we press upon all IFPTE Local's to issue a demand to negotiate for all unvaccinated employees immediately. The federal court ruling reinstates the federal worker vaccine requirement.
RELATED:
4/7/2021 - Appeals Court Reinstates Biden's Vaccine Mandate for Federal Employees (GovExec.com)
Sample MOU on implementation of COVID-19 EO for federal locals
This document has been developed by IFPTE to assist federal sector locals bargain over the vaccination protocol, religious exception, medical exemption, and discipline. Download the Sample MOU document here.
OPM guidance on federal employee vaccination requirements
Guidance on Enforcing Coronavirus Disease 2019 Vaccination Requirement for Federal Employees
Guidance on Applying Coronavirus Disease 2019 Vaccination Requirements to New Hires
On October 1, OPM guidance was released to federal agencies along with corresponding updates to the Safer Federal Workforce website.
The guidance includes a recommended approach to enforcement that states up front that agencies must comply with collective bargaining agreement requirements where applicable. The guidance also emphasizes that the purpose of discipline is generally to "correct deficiencies in employee conduct" and specifies that if an employee gets fully vaccinated during the pendency of a disciplinary process, that process should end. Similarly, if an employee receives a first vaccine dose during a disciplinary period, the discipline should be held in abeyance with a deadline for receiving a second dose of the vaccine.
Additionally, the guidance specifies a recommended timeline of two weeks following a final determination to deny an accommodation for employees claiming exceptions to the vaccination requirement.
Lastly, the guidance addresses specific instances, such as interns, employees on detail to another agency, employees on extended leave of absence, and so on.
EEO Updated Guidance
The U.S. Equal Employment Opportunity Commission issued updated technical information titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
Relevant sections of this technical information includes:
“Vaccinations - Overview, ADA, Title VII, and GINA[Genetic Information Nondiscrimination Act]”
“Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates”
Key Takeaways from EEO Guidance:
Employees and applicants must inform their employers if they seek an exception to an employer’s COVID-19 vaccine requirement due to a sincerely held religious belief, practice, or observance.
Title VII requires employers to consider requests for religious accommodations but does not protect social, political, or economic views, or personal preferences of employees who seek exceptions to a COVID-19 vaccination requirement.
Employers that demonstrate “undue hardship” are not required to accommodate an employee’s request for a religious accommodation.
Frequently Asked Questions for Federal Sector
From the Safer Federal Workforce Task Force. For the full list of FAQ’s, visit SaferFederalWorkforce.gov.
Q: By what date do Federal employees need to have had their doses of a COVID-19 vaccination?
A: Federal employees must receive their last dose of their vaccine no later than November 8, 2021, to meet the November 22, 2021 deadline to be fully vaccinated.
The timing between the first and second shots depends on which vaccine is received.
If someone receives the:
Pfizer-BioNTech COVID-19 vaccine, then that person should get their second shot 3 weeks (or 21 days) after the first. This means for Federal employees to meet the vaccination deadline, they should receive their first vaccination no later than October 18. They would not be eligible for the second dose until November 8, which is the deadline by which they need to have received both shots.
Moderna COVID-19 vaccine, then that person should get their second shot 4 weeks (or 28 days) after their first. This means for Federal employees to meet the vaccination deadline, they should receive their first vaccination no later than October 11. They would not be eligible for the second dose until November 8, which is the deadline by which they need to have received both shots.
Since the Johnson & Johnson vaccine only has one shot, Federal employees have until November 8 to receive that shot and still meet the November 22, 2021 deadline to be fully vaccinated.
Depending on employees’ locations, they may not have all types of vaccines available to them. Agencies should encourage employees to plan ahead and allow enough time to receive all required vaccine doses before the November 8 deadline to have their second shot.
Q: Are there collective bargaining obligations regarding implementation of the Agency Model Safety Principles issued by the Safer Federal Workforce Task Force and updated on September 13, 2021?
A: There may be collective bargaining obligations over the impact and implementation of the Agency Model Safety Principles and CDC guidelines. Implementation of the principles and guidelines is essential to protect the health and safety of all federal employees, onsite contractor employees, and individuals interacting with the federal workforce in federal buildings, in federally controlled worksites, and on federal lands. They constitute Government-wide policy that is in effect for employees subject to the requirements of Executive Order 13991 and President Biden’s Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Since agencies need to act quickly due to the COVID-19 emergency and to protect the health and safety of employees, contractor employees, and visitors, agencies are strongly encouraged to begin communicating with the appropriate union representatives as soon as possible and otherwise satisfy any applicable collective bargaining obligations under the law at the earliest opportunity, including on a post-implementation basis where appropriate.
Q: What are agencies’ labor relations obligations regarding implementation of EO 13991? Do we need to share our draft plans with the unions representing bargaining unit employees?
A: Communication with employee representatives is a key element of keeping our federal workforce safe and informed. Section 2(c) of the EO requires agencies to promptly consult, as appropriate, with employee unions. Agencies should promptly notify their unions of the actions they intend to take to require compliance with CDC guidelines to provide a meaningful opportunity for the unions to consult as provided in Section 2(c) of EO 13991. As part of this effort, agencies are encouraged to provide their draft plans to unions in order to provide a meaningful opportunity for the unions to consult.
Agencies may also have collective bargaining obligations under 5 U.S.C. Chapter 71. The agency should begin communicating with the appropriate union representatives as soon as possible and otherwise satisfy any applicable collective bargaining obligations under the law at the earliest opportunity, including on a post-implementation basis if appropriate. If an agency determines that these matters are already covered by an existing collective bargaining agreement and collective bargaining is not required, agencies are reminded to satisfy their consultation obligations, as appropriate, under Section 2(c) of EO 13991.
Agencies should consult with offices of human resources and agency legal counsel to determine appropriate labor relations obligations.
Q: What steps may an agency take if a Federal employee refuses to be vaccinated or provide proof of vaccination?
A: As an initial matter, an agency should provide employees with information regarding the benefits of vaccination and ways to obtain the vaccine. If the individual continues to refuse to be vaccinated or provide proof of vaccination, the agency should pursue disciplinary measures, up to and including removal from Federal service. In pursuing any adverse action, the agency must provide the required procedural rights to an employee and follow normal processes, including any agency policies or collective bargaining agreement requirements concerning disciplinary matters. Employees should not be placed on administrative leave while pursuing an adverse action for refusal to be vaccinated, but will be required to follow safety protocols for employees who are not fully vaccinated when reporting to agency worksites.
An agency should follow a different process if the employee claims a legally required exception as the reason for not being vaccinated or providing proof of vaccination. In that case, an agency should follow its ordinary process to review and consider what, if any, reasonable accommodation it must offer. All agency personnel designated to receive requests for reasonable accommodations should know how to handle requests consistent with any Federal employment nondiscrimination laws that may apply. If the employee’s request for an accommodation is denied, and the employee does not comply with the vaccination requirement, the agency may pursue disciplinary action, up to and including removal from Federal service.
Vaccination sites, Boosters, and information on possible side effects
Find vaccination sites by zip code at www.Vaccines.gov/search.
Information on booster shots, including eligibility, can be found on the CDC’s website.
Information on common side effects that can occur after vaccination and steps you can take to reduce them can be found at the CDC website.
Information Regarding Liability Differences Between Vaccines Labeled, Distributed, and Administered as Emergency Use Authorization and Fully Authorized by FDA
Pfizer COVID-19 vaccines under emergency use authorization (EUA) and full approval (now named Comirnaty) have the same formula and the same liability protections.
Since the formula, safety and effectiveness are the same for both, providers have been directed to use these interchangeably. (Vials manufactured and issued under EUA can be distributed now under full approval with the same protections and liability. No one is intentionally using one over the other, just prioritized based on expiration date.)
The legal difference between the two stages only has to do with the information the manufacturing companies were required to submit for regulatory approval, nothing to do with liability.
All COVID-19 vaccines (not just Pfizer) under emergency authorization and full approval fall under a national vaccine compensation system that was triggered by the pandemic. In other words, if rare adverse effects arise, no matter if under EUA or final approval, people have never been able to sue the manufacturers but can submit a claim under the national compensation system. This has not changed in moving forward from EUA to final approval/renaming of the vaccine.
Sources:
FDA's Q&A on Comirnaty (fully approved Pfizer vaccine)
How is Comirnaty (COVID-19 Vaccine, mRNA) related to the Pfizer-BioNTech COVID-19 Vaccine?
The FDA-approved Comirnaty (COVID-19 Vaccine, mRNA), made by Pfizer for BioNTech and the FDA-authorized Pfizer-BioNTech COVID-19 Vaccine under EUA have the same formulation and can be used interchangeably to provide the COVID-19 vaccination series without presenting any safety or effectiveness concerns. Therefore, providers can use doses distributed under EUA to administer the vaccination series as if the doses were the licensed vaccine. For purposes of administration, doses distributed under the EUA are interchangeable with the licensed doses. The Vaccine Information Fact Sheet for Recipients and Caregivers provides additional information about both the approved and authorized vaccines.“The False Claim that the Fully-Approved Pfizer Vaccine Lacks Liability Protection,” Washington Post, 08/30/2021
From the article: “There are no liability or compensation differences between a countermeasure approved under an EUA or one that has received full FDA approval,” confirmed an HHS spokesperson.
IFPTE’s Guidance on the Covid-Free Workplace Plan
Download a PDF of this document here.
The Covid-Free Workplace plan is the beginning of a new reality brought about by the pandemic
The Biden administration’s strong encouragement that federal employees, federal contractors and some private employees get vaccinated is a sign of what is to come for the workforce in general
Many laws designed to protect public health – including seatbelt laws, helmet laws and smoking bans – were met at first with loud public opposition
We don’t even think about those laws today
The facts and public opinion support the Covid-Free Workplace Plan
The vaccine is saving lives, keeping people out of the hospital and enabling us to return to a more normal way of life
The vaccine works best when we’re all vaccinated, including protecting children who aren’t yet eligible to receive the vaccine
As the Delta variant - an even more contagious form of the COVID-19 disease - has emerged, more Americans support getting the vaccine and the implementation of the Covid-Free Workplace Plan, especially in those areas that have been most affected by people being infected by the Delta variant
You are going to hear from some members who oppose the Covid-Free Workplace Plan
Keep in mind that the vast majority of IFPTE members have gotten vaccinated or are going to get vaccinated due to the Covid-Free Workplace Plan
Those members who have gotten vaccinated are usually not going to call Local Unions or the International to say that they support the Covid-Free Workplace Plan
A very small minority who oppose the Covid-Free Workplace Plan and do not believe the vaccine is effective will reach out to the union to share their concerns, as they should
As union leaders, we have an important role to play in this process
We need to listen to our members and do our best to answer their questions
We need to be partners with our employers in this instance, working together to keep our members and their families safe
We need to negotiate the impact and implementation of the Covid-Free Workplace Plan in order to enforce our collective bargaining agreements and protect our members’ rights
The International is a resource for you and your members throughout this process
We are in daily contact with the Biden administration and the AFL-CIO about the Covid-Free Workplace Plan and the pandemic in general
We will try to get any information, data or answers to questions that you need in order to serve your members
We welcome any suggestions that you have about how we can communicate with our members to help inform and support them during this difficult time
COVID vaccine myths versus facts
From the George Washington University’s School of Medicine and Health Sciences
Myth: COVID-19 vaccines will give you COVID-19.
Fact: None of the available COVID-19 vaccines or COVID-19 vaccines currently in development in the U.S. contain the live virus that causes COVID-19. You cannot become sick with COVID-19 from getting a COVID-19 vaccine. (Source: U.S. Centers for Disease Control and Prevention: Myths and Facts about COVID-19 Vaccines).
Myth: If you already had COVID-19, you do not need the vaccine.
Fact: Due to the severe health risks associated with COVID-19 and the fact that re-infection with COVID-19 is possible, people are advised to get a COVID-19 vaccine even if they have been sick with COVID-19 before. At this time, experts do not know how long someone is protected from COVID-19 after being sick. The immunity someone gains from having an infection, called natural immunity, varies from person to person. Some early evidence suggests natural immunity may not last very long. (Source: U.S. Centers for Disease Control and Prevention: Frequently Asked Questions About Vaccination).
Myth: The vaccine was developed really fast so they "cut corners" to get it done and it may not be safe.
Fact: There were no "corners cut" in regard to scientific process and safety. As of May 2021, the U.S. Food & Drug Administration has granted Emergency Use Authorizations for three COVID-19 vaccines which have been shown to be safe and effective after review of data from the manufacturers and findings from large, multi-phased clinical trials. The data demonstrates that the known and potential benefits of the vaccine outweigh the known and potential harms of becoming infected with COVID-19. (Source: U.S. Centers for Disease Control and Prevention: Ensuring the Safety of Vaccines).
Myth: The side effects of the vaccine are really bad.
Fact: The most common side effects from this vaccine have included fatigue, muscle pains, joint pains, headaches, pain and redness at the injection site. With the mRNA vaccines, these symptoms were more common after the second dose of the vaccine and the majority of side effects were mild. (Source: U.S. Food & Drug Administration: Pfizer COVID-19 Vaccine EUA Fact Sheet for Recipients and Caregivers). (Source: U.S. Food & Drug Administration: Moderna COVID-19 Vaccine EUA Fact Sheet for Recipients and Caregivers). (Source: U.S. Food & Drug Administration: Janssen COVID-19 Vaccine EUA Fact Sheet for Recipients and Caregivers).
Myth: Receiving an mRNA vaccine will alter your DNA.
Fact: mRNA stands for messenger ribonucleic acid and can most easily be described as instructions for how to make a protein or even just a piece of a protein. mRNA is not able to alter or modify a person’s genetic makeup or DNA. The mRNA from a COVID-19 vaccine never enters the nucleus of the cell, which is where our DNA is kept. This means the mRNA does not affect or interact with our DNA in any way. Instead, COVID-19 vaccines that use mRNA work with the body’s natural defenses to safely develop protection or immunity to disease. (Source: U.S. Centers for Disease Control and Prevention: Understanding and Explaining mRNA COVID-19 Vaccines).
Myth: You shouldn’t get vaccinated if you want to have a baby.
Fact: If you are trying to become pregnant now or want to get pregnant in the future, you can receive a COVID-19 vaccine.
There is currently no evidence that any vaccines, including COVID-19 vaccines, cause fertility problems—problems trying to get pregnant. CDC does not recommend routine pregnancy testing before COVID-19 vaccination. If you are trying to become pregnant, you do not need to avoid pregnancy after receiving a COVID-19 vaccine. Like with all vaccines, scientists are studying COVID-19 vaccines carefully for side effects now and will report findings as they become available. (Source: U.S. Centers for Disease Control and Prevention: Information about COVID-19 Vaccines for People who Are Pregnant or Breastfeeding).
Myth: The flu vaccine can help protect against COVID-19.
Fact: Getting a flu shot will not protect you against SARS-CoV-2, the virus that causes COVID-19. These are two different vaccinations. While flu vaccines will not prevent COVID-19, they will reduce the burden of flu illnesses, hospitalizations, and deaths on the health care system and conserve medical resources for the care of people with COVID-19. (Source: U.S. Centers for Disease Control and Prevention: Influenza Vaccine Benefits).
Myth: Vaccines contain toxic ingredients.
Fact: Today’s vaccines use only the ingredients they need to be as safe and effective as possible. The gelatin and egg proteins in some flu vaccines can cause allergic reactions in very rare cases. Those affected typically have a history of severe allergies to gelatin or eggs. If you have severe allergies to ingredients in vaccines or other injectable medications, tell the nurse before your COVID-19 vaccine or talk to your doctor. (Source: U.S. Centers for Disease Control and Prevention: What’s in Vaccines?)
Myth: Natural immunity is healthier and more effective than vaccine immunity.
Fact: Vaccines allow you to build immunity without the damaging effects that vaccine-preventable diseases can have. These diseases can cause serious health problems and even be life-threatening. Even with the advances in health care, the diseases vaccines prevent can still be very serious. Vaccination is the best way to prevent them. (Source: U.S. Centers for Disease Control and Prevention: Understanding How Vaccines Work). (Source: U.S. Centers for Disease Control and Prevention: Understanding How COVID-19 Vaccines Work).
Myth: Vaccines can cause autism.
Fact: Vaccines do not cause autism. This incorrect claim stems from a study that has been discredited. Unfortunately, this flawed study has created much misinformation. Multiple studies have shown that there is no link between receiving vaccines and developing autism. (Source: U.S. Centers for Disease Control and Prevention: Vaccines and Autism).
Myth: Vaccines have microchips and are used to microchip people.
Fact: This is entirely false. This is a myth that stemmed from misinformation on the internet. (Source: Reuters: Fact Check: RFID microchips will not be injected with the COVID-19 vaccine, altered video features Bill and Melinda Gates and Jack Ma).
Bargaining Tips for the Executive Order on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees — A Guide for IFPTE Federal Locals
Download a PDF of this document here.
It’s time to start negotiating impact and implementation of the Executive Order requiring COVID-19 Vaccination for federal executive branch employees! As you know, the administration and the task force charged with implementation of this Executive Order have made clear that they invite and expect unions to negotiate impact and implementation as soon as possible. The goal is for individual agencies to be able to implement the requirement in a way that makes sense for their particular workforces and that reaches as many employees as soon as possible.
First, a refresher on some relevant mandatory subjects of bargaining:
1. Discipline and job security
2. Safety
3. Personal protective equipment (PPE)
4. Health benefits
5. Costs of vaccination
6. Leave for obtaining vaccination
7. Leave for side effects of vaccination
8. Frequency of testing the unvaccinated
9. Medical privacy issues, both as to vaccination verification and testing for the unvaccinated
10. Procedures for proof of vaccination
11. Procedures for testing the unvaccinated
12. Incentives to get vaccinated
13. Scheduling impacts on staffing and safety
14. Working conditions for the unvaccinated
Here are specific issues for local unions to negotiate with their agencies and reduce to writing:
1. Timeline for employees to be vaccinated; this must match up with the timelines for full vaccination by November 22, 2021 (see detailed timelines here).
2. Any religious or medical deferrals, how and who will establish the forms, and the department for requests to be filed (medical exemptions will generally go through existing ADA processes but you want to be clear). Also, timeline for agency response to employees on approval or denial of request.
3. Request that any deferral and any vaccination information be submitted to a qualified Medical representative who has the license, skills and knowledge to interpret test results and correspondence from other medical professionals (often, they are already housed within the ADA framework in an agency).
4. Where possible, establish locations for on-site vaccinations to be administered to employees, with time off to receive vaccinations. All vaccination(s) must be placed on an approved CDC Vaccination Card and provided to employees. Also negotiate times and locations for employees on telework to be vaccinated where possible.
5. Employees shall be granted time off for adverse reactions to vaccine. There is current guidance allowing time off, however, having it in your local agreement will be stronger if you have an issue later.
6. For those unable to be vaccinated, will weekly or more frequent testing be conducted? Employees shall be granted time without loss of pay to be tested, and process for submitting test results should be outlined in the agreement.
7. Discuss how the union will be notified of any non-compliance by a contractor. In many locations, contractors work next to our members and we need to know of any possible exposure to COVID-19. The union should demand notification should a contractor become infected or is being removed for this reason.
8. For those Locals with return-to-work plans already in place: those plans cannot be altered without notification by the agency and I & I bargaining. This EO does not affect any local return-to-work plan.
9. We recommend using your current Negotiated Grievance Procedure to address any disputes if the agency attempts to create a different policy.
10. An MOU should require the Agency to immediately inform the Union President or other designated individual of any changes to Policy, Directives etc.. We recommend requesting a standing order that the Union retains the right to conduct I & I bargaining along with no change in the negotiated COVID vaccination requirement MOU until all negotiations have been fully adjudicated, including, but not limited to mediation , arbitration or other authority.
11. How, and when will employees from your location on TDY or other Temporary assignment be vaccinated?
12. The Local may want to get status updates as to the number of members vaccinated, deferred, and refusing to comply.
IMPORTANT DOs and DON’Ts:
DO request to bargain ASAP! The union has an important role in helping ensure safety in the workplace and agencies are looking for guidance on these issues from you, the representatives of their workforce!
DO NOT attempt to hold up the negotiation process - the clock is ticking and there is a hard deadline of November 22 for all employees to be vaccinated, which means November 8 for employees to receive their last dose. In other words, the deadline is non-negotiable, as we are facing a public health threat. If local unions fail to step up to be part of the solution, those who stall will be doing so at their own peril and may lose valuable resources and protections for their membership.
DO NOT allow management to reopen any articles of your current CBA - this is a separate negotiation, so management should not raise contract articles in these negotiations.
COVID-Free Workplace Fliers and Sample Letter to Local Membership
Additional Resources
Vaccines.gov — General information about getting vaccinated and COVID vaccinations sites
MadeToSave.org — Information to help family, friends, and people in your community get vaccinated
SaferFederalWorkforce.gov — Website of the Safer Federal Workforce Task Force, which is a multi-agency effort led by the White House COVID-19 Response Team, GSA, and OPM
AFL-CIO: COVID-19 Pandemic Resources — Links to CDC, DOL, and OSHA information as well as resources on workplace safety.
OSHA: Protecting Workers - Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace — Information for employers and workers and recommendations for employers on protecting workers who are vaccinated, high risk, unvaccinated, or in high-risk environments
Press Statement: IFPTE President Shearon on President Biden’s Decision to Mandate Covid-19 Vaccinations for Workers Employed in the Federal Government — “As a union representing federal workers it is incumbent upon us to make sure that our members’ workplaces are safe and healthy. We don’t think either our members or their mission should be placed at risk by those who have been hesitant to take a shot.”