Judge rules against Port Authority union's vaccine mandate challenge

An Allegheny County judge on Thursday ruled against the union representing Port Authority bus drivers in their challenge of a covid-19 vaccine requirement taking effect next week.

In a two-page order, Common Pleas Judge John McVay denied Amalgamated Transit Union Local 85’s request for a preliminary injunction that would have halted the county’s mandate.

Instead, it now becomes effective on Tuesday.

The union represents about 2,300 employees at Port Authority, including drivers, maintenance workers, first-level supervisors, secretaries and claims representatives. It filed a complaint against the county on Feb. 18 alleging that the unilaterally imposed vaccine mandate violates their rights under their collective bargaining agreement.

Port Authority spokesman Adam Brandolph said 80% of employees have received at least one dose of the covid-19 vaccine.

In a statement released Thursday afternoon, the agency thanked McVay for his quick decision.

“Port Authority decided to require the vaccine to protect the health, safety, and welfare of our employees and riders,” Brandolph said. “We continue to believe this is in the best interests of all those involved.”

McVay ruled that the union’s attorneys failed to meet several requirements necessary for an injunction. Among them, the judge said the attorneys failed to show that the employees would suffer immediate and irreparable harm if an injunction wasn’t issued.

McVay said if employees are terminated but ultimately prevail in their legal challenge, they could be adequately compensated by money damages through the state Labor Relations Board and the grievance process.

The judge also found the union failed to show that an injunction stopping the vaccine mandate would not adversely affect the public.

“Any harm to Local 85 and its members who are presented with the choice of becoming vaccinated and remaining employed with the Port Authority or remaining unvaccinated and being employed elsewhere is clearly outweighed by the harm to the public and employee health and safety, which the Port Authority is tasked with protecting,” McVay wrote.