Go Back  Airline Pilot Central Forums > Pilot Lounge > Hangar Talk > COVID19
“Reasonable Accommodation” >

?Reasonable Accommodation?

Search

Notices
COVID19 Pandemic Information and Reports

“Reasonable Accommodation”

Thread Tools
 
Search this Thread
 
Old 10-10-2021 | 08:36 AM
  #181  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,895
Likes: 690
From: Engines Turn or People Swim
Default

Originally Posted by ThumbsUp
Right now there isn’t. At least with us, it’s the the accommodation of unpaid leave, suspended until the ruling.

I don’t think they’ll say yes to LTD either, I just think those folks probably have a legitimate claim and may actually be successful in fighting it given the terms. I mean realistically, if it’s legit, why shouldn’t they be given it? It’s different if it’s conspiracy driven, but if you really can’t, sure seems valid to me.
Every other vaccine mandate, ever for anything, has allowed for legit medical exemptions. Only exception might be for someone working in a bio-weapons research lab.

That should be very easy to fight, if it even came to that.
Reply
Old 10-10-2021 | 08:42 AM
  #182  
Gets Weekends Off
 
Joined: Mar 2018
Posts: 3,637
Likes: 212
Default

Originally Posted by rickair7777
Every other vaccine mandate, ever for anything, has allowed for legit medical exemptions. Only exception might be for someone working in a bio-weapons research lab.

That should be very easy to fight, if it even came to that.
I’m just referring to UA’s specific case. I have no idea what other companies are doing. At the moment we are not allowing for exemptions, just accommodations in the form of unpaid leave.
Reply
Old 10-11-2021 | 08:08 PM
  #183  
Gets Weekends Off
 
Joined: Mar 2015
Posts: 963
Likes: 0
Default

Looks like Governor Abbot won't be accommodating UAL's commie vax mandate. Could this affect IAH?

https://www.rt.com/usa/537207-abbott-bans-vaccine-mandates/

Maybe guys will get to come back IAH based.
Reply
Old 10-11-2021 | 08:17 PM
  #184  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,895
Likes: 690
From: Engines Turn or People Swim
Default

Originally Posted by fadec
Looks like Governor Abbot won't be accommodating UAL's commie vax mandate. Could this affect IAH.
No. Fed supersedes states on some things, and two very clearly established examples of those things are...

- Aviation & airlines

- Federal employees & contractors


If you want to over-rule the federal executive, you need the federal courts, not locals.

To me it seems that the fed might not have solid grounds to mandate vaccination for all employees of a federal contractor carte blanche, but rather only those employees who actually do federal work or are exposed to federal persons. That would include all cabin crew obviously, and quite possibly pilots who are locked in the same tube with DTS-ticketed federal travelers but I don't see what it has to do with mechanics, call-center agents, rampers, etc. who have no contact with federal pax.
Reply
Old 10-11-2021 | 10:22 PM
  #185  
TransWorld's Avatar
Gets Everyday Off
 
Joined: Aug 2016
Posts: 6,995
Likes: 1
From: Fully Retired
Default

It is pretty certain one or the other will say, “See you in court”.
Reply
Old 10-11-2021 | 11:23 PM
  #186  
Gets Weekends Off
 
Joined: Mar 2018
Posts: 3,637
Likes: 212
Default

Originally Posted by rickair7777
No. Fed supersedes states on some things, and two very clearly established examples of those things are...

- Aviation & airlines

- Federal employees & contractors


If you want to over-rule the federal executive, you need the federal courts, not locals.

To me it seems that the fed might not have solid grounds to mandate vaccination for all employees of a federal contractor carte blanche, but rather only those employees who actually do federal work or are exposed to federal persons. That would include all cabin crew obviously, and quite possibly pilots who are locked in the same tube with DTS-ticketed federal travelers but I don't see what it has to do with mechanics, call-center agents, rampers, etc. who have no contact with federal pax.
On that note, the current contractor-focused EO on vaccinations applies to new contracts. I’m not sure how often the are revised, so mandates external to the companies themselves may get a stay until the next contract revision.

Although, I’m sure there are very few companies who would not comply if the government were to give the contractual notice to an amendment requiring it.
Reply
Old 10-12-2021 | 08:10 AM
  #187  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,895
Likes: 690
From: Engines Turn or People Swim
Default

Originally Posted by ThumbsUp
On that note, the current contractor-focused EO on vaccinations applies to new contracts. I’m not sure how often the are revised, so mandates external to the companies themselves may get a stay until the next contract revision.

Although, I’m sure there are very few companies who would not comply if the government were to give the contractual notice to an amendment requiring it.
I'm sure the fed has anough leeway/force majeure in it's contracts that it can address a public health crisis. Also the contractors really don't mind at all, they WANT their employees vaccinated and are happy that the fed is playing bad cop.

Employees (or any other third party) are not going to be able to contest the contracts their employers have with the federal government, they have no standing. That would probably get tossed out in five minutes. Only the company holding the contract can do that.
Reply
Old 10-12-2021 | 08:42 AM
  #188  
Speed, Power, Accuracy
 
Joined: Sep 2007
Posts: 1,796
Likes: 9
From: PIC
Default

A friend at AA told me this morning "don't plan on traveling this Thanksgiving."

November 24 is the deadline. He'll apparently be fired that day.
Reply
Old 10-12-2021 | 09:44 AM
  #189  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,895
Likes: 690
From: Engines Turn or People Swim
Default

Originally Posted by GeeWizDriver
A friend at AA told me this morning "don't plan on traveling this Thanksgiving."

November 24 is the deadline. He'll apparently be fired that day.
A PATCO-style showdown looming? Will the powers-that-be suck up the short-term pain to make their point?
Reply
Old 10-12-2021 | 11:49 AM
  #190  
Speed, Power, Accuracy
 
Joined: Sep 2007
Posts: 1,796
Likes: 9
From: PIC
Default

Originally Posted by rickair7777
A PATCO-style showdown looming? Will the powers-that-be suck up the short-term pain to make their point?
He also told me 4000 AA pilots still haven't taken the needle. If half of those stick to their guns or are close to retirement (like my friend) and let the company fire them, the holiday flying season will be "interesting." There is an out for Parker at AA and Kelly at SWA.

"Given the legal uncertainties regarding pending vaccine mandates, we have elected to postpone enforcement of the mandate until the legal issues are clarified."
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices