Anthony Farenga & Marlon Schulman’s VIRTUAL PDG

Topic:Masks, Mandates, Vaccines and Madness: The Mediators Role (2 scenarios)

Time:Sep 1, 2021,06:00 PM Pacific Time (US and Canada)

Masks, Mandates, Vaccines and Madness: Let’s discuss the role of mediators in the current work, school, and medical environment.

We offer two (2) scenarios for discussion:

Scenario #1 – You are hired to assist in the resolution of a conflict between an employer and its employees. The employer is bringing people back to work at an office tower, downtown. Employer is requiring “proof of vaccination” for workers to come back after the “lockdown”.

There currently exists an “open plan” seating/work arrangement (very few individual offices). Plastic shields have now been proven, for the most part, to be ineffectual in stopping virus transmission.

There has been no substantive talk of alternative, increased testing for non-vaccinated employees, but employer believes that the disruption of work to conduct such mass testing, as well as the associated costs would be unduly burdensome for the company. The company would prefer not to lose workers.

Certain employees are refusing to be regularly tested on such an increased basis. Certain employees are refusing to wear masks. They are concerned about their privacy rights. The workers are not unionized.

Scenario #2 - You are hired by the XYZ School District as a mediator tasked with mediating a conflict between parents and children who refuse to follow the CDPH mask guidelines at school and are sending their children to school without mask and refusing to wear masks. 

Under CA Education code, schools are no longer allowed to suspend for “willful defiance” which parents are interpreting the refusal to wear a mask to be, but schools insist that those students who do not comply with mask mandates will be sent home without proper exemptions.  Board Meetings have become battle grounds for those who support “mask mandates” and those who do not: there is no end in sight to the conflict.  Staff morale is at an all-time low and mass resignations are persisting, leading to an underserved student population.

1. How could we as mediators be helpful in this situation?

2. What are some strategies we could use to begin a constructive conversation to try and address each sides’ interests?

3. What opportunities have yet to be discovered from this seemingly intractable conflict?

Background Info (Scenario #2)”

1. Current Mask Requirements in CA Schools (seemingly changing every day):
   a. Masks are optional outdoors for all in K-12 school settings.

b. K-12 students are required to mask indoors, with exemptions per CDPH face mask guidance.   Adults in K-12 school settings are required to mask when sharing indoor spaces with students.  

c. Persons exempted from wearing a face covering (due to a medical condition), must wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it.

d. Schools must develop and implement local protocols to provide a face covering to students who inadvertently fail to bring a face covering to school to prevent unnecessary exclusions.

e. Consistent with guidance from the 2020-21 school year, schools must develop and implement local protocols to enforce the mask requirements. Additionally, schools are to offer alternative educational opportunities for students who are excluded from campus because they will not wear a face covering. Note: Public schools should be aware of the requirements in AB 130 to offer independent study programs for the 2021-22 school year. 

f. In limited situations where a face covering cannot be used for pedagogical or developmental reasons, (e.g., communicating or assisting young children or those with special needs) a face shield with a drape (per CDPH guidelines) can be used instead of a face covering while in the classroom as long as the wearer maintains physical distance from others. Staff must return to wearing a face covering outside of the classroom. 

Due to short notice,no reply is necessary – just JOIN IN!

Join Zoom Meeting on September 1^st:

https://us06web.zoom.us/j/84751427614?pwd=dCs1bkx2QzZkUDArWTdSRkMyVmVrQT09

Meeting ID: 847 5142 7614

Passcode: 509759

One tap mobile

+14086380968,,84751427614#,,,,*509759# US (San Jose)

+16699006833,,84751427614#,,,,*509759# US (San Jose)

Dial by your location

        +1 408 638 0968 US (San Jose)

        +1 669 900 6833 US (San Jose)

        +1 253 215 8782 US (Tacoma)

        +1 346 248 7799 US (Houston)

        +1 646 876 9923 US (New York)

        +1 301 715 8592 US (Washington DC)

        +1 312 626 6799 US (Chicago)

Meeting ID: 847 5142 7614

Passcode: 509759

Find your local number:https://us06web.zoom.us/u/kbGj962NFg