The emergency legislation will allow some groups of minors, including unaccompanied homeless youth, to get vaccinated without parental consent.

Tyrone Turner / WAMU/DCist

Labor union leaders in Montgomery County, Maryland are fighting a bill that would require county government workers to be vaccinated against the coronavirus.

County lawmakers Will Jawando and Hans Riemer introduced legislation Tuesday that would mandate full vaccination for workers on the county’s payroll. Currently, county employees are required to disclose their vaccination status to the government, and unvaccinated workers could be required to undergo mandatory testing. Public school staff are already required to be vaccinated or tested weekly.

The legislation would require all county employees to be vaccinated as a condition of employment. Workers could seek an exemption for medical — but not religious — reasons.

Leaders with the county’s public employee unions are calling the bill an “outrageous intrusion.”

“The Council is overstepping its authority with this bill in an attempt to direct the workforce. By County Code, the Council is only allowed to direct funding or not funding county budgets, not to set standards of employment,” said a statement from UFCW Local 1994 MCGEO, Fraternal Order of Police Local 35, and the International Association of Fire Fighters Local 1664, which together represent roughly 10,000 county workers.

The unions took a swipe at the bill’s sponsors, accusing them of cowardice during the pandemic.

“While Mr. Riemer and Mr. Jawando shelter in place and hide in their homes, conduct their business via Zoom, and introduce more and more Scott Walker-like, union bashing bills like this one, Montgomery County’s hardworking citizens have had to work through this pandemic,” the statement said. “First responders and front-line employees have not had the luxury of working from home. They have served and continue to serve the public faithfully.”

Under the bill, employees who fail to provide proof of vaccination or apply for a medical exemption within seven days of notification from the county would be forced to take unpaid leave. They’d have seven days to demonstrate they’ve received at least one vaccine dose. Employees who aren’t fully vaccinated or obtain a medical exemption within 40 days of being placed on unpaid leave could be fired.

The vaccine requirement would be exempt from collective bargaining, meaning unionized workers could not negotiate over the mandate with their employers.

Fire and rescue employees have reported the lowest vaccination rates of all Montgomery County public sector workers, with 63% saying they’ve received at least one vaccine dose, government data show. Nearly a third have not reported their status. The vaccination rate is similarly low in the county’s Department of Correction and Rehabilitation. Nearly 80 percent of all county workers say they’re fully or partially vaccinated.

“Our public should not be interacting with any [unvaccinated] county worker and putting themselves at risk. We also want to keep our other employees safe,” Jawando said.

County Executive Marc Elrich, a longtime ally of public sector unions, says the proposed mandate is unnecessary. In a statement, Elrich said unions embraced the idea of a COVID-19 testing requirement for county employees, and passing a stricter, non-negotiable requirement would rupture collaboration between workers and the government.

“This brinkmanship legislation is not smart policy. It will lead to staffing shortages, diminished public safety, additional financial costs to our taxpayers, and time-consuming legal entanglements – all outcomes I have successfully worked with our employees to avoid since the beginning of the pandemic,” Elrich said.

“We know that there are activities that are high-risk – like eating indoors at restaurants – but the County has not mandated vaccination to address those high risks,” the executive added.

Councilmember Riemer is challenging Elrich in his re-election bid. Council President Tom Hucker is also eyeing a run for Elrich’s seat.

A public hearing on the proposed mandate is scheduled for Oct. 19. Lawmakers can’t vote on the proposal until after the hearing.