West Chester Police Vaccine Mandate Upheld, Panel Rules

WEST CHESTER —An arbitration panel has voted 2-1 to uphold West Chester Borough’s Oct. 20, 2021 policy to mandate all police officers to get vaccinated for COVID-19, according to an opinion available Friday.

After the Brotherhood of West Chester Police, a union representing the police, and the borough council were unable to come up with an agreement on vaccine policy, an arbitration panel was appointed to resolve the impasse.

Jennifer P. Snyder, a panel member appointed by the borough, and Walt De Treux, a neutral member, voted in favor of the borough’s vaccination policy and set parameters.

Joseph W. Chupein Jr., a member appointed by the police, wrote a dissenting opinion.

The borough employs 40 police officers who are members of the union.

Lawyers representing the police, Brittany Waters and Bruce L. Castor Jr., argued the policy constitutes employer overreach that interferes with an employee’s right to make his or her own medical decisions.

Katherin Enright, a lawyer representing the borough, countered the vaccinations mitigate the spread of COVID-19 and will protect the employees and the community.

Under the April 4 ruling, police officers are required to comply with the vaccination protocol by May 9 unless they applied for an exemption.

Officers who still need to be vaccinated are eligible for two hours of paid leave if appointments are scheduled during working hours.

The exemption process requires the officer to make a request with the human resources office. If the request is denied, an officer can file a grievance with the arbitration panel.

In a dissenting opinion, Chupein wrote: “A mandatory vaccination policy is unreasonable and an unlawful over-reach by the employer. It demonstrates a complete lack of genuine concern for the wellbeing of its police employees who elect not to place into their bodies, or those of their unborn children, a substance that has as yet unknown effects and consequences.”

Sgt. Andrew McFarland, president of the brotherhood, said five officers have filed for an exemption.

Lt. Chris Daly, who is not a union member, was suspended in February for not getting vaccinated. In March, council accepted Daly's voluntary resignation.

Daly, an 18-year veteran police officer, has appealed his employment status to the borough Civil Service Commission. A hearing is pending.

McFarland said the majority of the police officers were vaccinated as soon as the vaccinations were available.

Six months ago, council unanimously approved a policy mandating COVID-19 vaccinations for borough employees and new hires.

Borough Manager Sean Metrick said the borough has 125 employees, and only a handful voluntarily resigned because of the vaccination policy.

“Vaccination is a condition of employment,” Metrick said. “All employees have to be fully vaccinated. It’s important for the administration of the day-to-day operations.”