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Old 11-18-2021, 04:11 PM
  #11  
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Originally Posted by MongoC5 View Post
If they do this, they are asking for a slaughter come 2022....

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Old 11-18-2021, 05:53 PM
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Originally Posted by ItnStln View Post
Indeed
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How are the current mandates any different? They cover 80 million people, so how is proposed passenger mandate different? It just reaches more people. If the current administration truly believed the cause and "the science" they are using to justify these mandates then why wouldn't they use every tool they have to impose it on more people? Interstate and international travel is an easy target for their big government muscles. The airlines should have publicly opposed these mandates from the beginning. An employee mandate can easily turn into a passenger mandate. The logical conclusion of these policies is a passenger mandate imposed and enforced by the airlines. I hope they do it, I hope they impose more mandates at schools. People haven't had enough yet, maybe this will wake them up.
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Old 11-18-2021, 07:28 PM
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Originally Posted by rickair7777 View Post
Just grand-standing for the base, going nowhere fast.

Airline groups will not sit still for this (they have already pushed back in the past). In addition to alienating a significant percentage of customers, it would create an absolute logistics nightmare trying to screen everyone.

The regime is not in a position to kick a large, heavily unionized industry in the junk right now.
Seeing as everything else that was considered a conspiracy theory a year ago is in full swing now......
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Old 11-19-2021, 07:36 AM
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Originally Posted by Flyfalcons View Post
Seeing as everything else that was considered a conspiracy theory a year ago is in full swing now......
I told you a year ago there would be employee mandates from private companies...
1) They don't want liaibility
2) They don't want operational disruption
3) Because they can

The federal mandates on the other hand (for non-gov employees) are luke-warm, leveraged work-arounds, and are subject to legal challenges.

I'm pretty sure federal vaccine mandates in the US will end with the current mandates... if they stand it will be a near-thing, both legally and politically.
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Old 11-19-2021, 08:30 AM
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Originally Posted by rickair7777 View Post
I told you a year ago there would be employee mandates from private companies...
1) They don't want liaibility
2) They don't want operational disruption
3) Because they can

The federal mandates on the other hand (for non-gov employees) are luke-warm, leveraged work-arounds, and are subject to legal challenges.

I'm pretty sure federal vaccine mandates in the US will end with the current mandates... if they stand it will be a near-thing, both legally and politically.
well, in a shortage of labor in general, they’re gonna have to weigh liability vs operational disruption. If you’ve got a two week turn over with ground crews as is, good luck hiring and keeping people if you have one more hooo they have to jump through.
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Old 11-19-2021, 01:14 PM
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Originally Posted by av8or View Post
well, in a shortage of labor in general, they’re gonna have to weigh liability vs operational disruption. If you’ve got a two week turn over with ground crews as is, good luck hiring and keeping people if you have one more hooo they have to jump through.
Private companies can strike that balance to their heart's content.
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Old 11-19-2021, 02:16 PM
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Originally Posted by rickair7777 View Post
Private companies can strike that balance to their heart's content.
Maybe. The OSHA over reach means that at this point the issue is going to go to the Supreme Court. If the SCOTUS takes a narrow view of this, they may just slap the wrist of OSHA and tell them to go now and sin no more. If they choose to take a BROADER view, however, they are entirely capable of ruling that private companies DO NOT have the right to demand their employees be immunized or even the right to ask them the question under the ADA which protects not only those with disabilities but those who are perceived by their employers or potential employers to have a disability whether they have one or not.

That would not be without precedent. UAL used to require a visual standard greater than just an FAA class 1. SCOTUS even upheld that in SUTTON V. UNITED AIR LINES. But the ADA law has now been changed and it is unlikely the SCOTUS would uphold that today.

https://www.heath.gwu.edu/ada-amendm...has-become-law

An excerpt:


First, the ADAAA overturns in large part the Supreme Court's decision in Sutton v. United Airlines, which held that people with disabilities were not eligible under the ADA if their conditions could be mitigated by medication, assistive technology and equipment, or learned behavioral adaptations. The law also overturns Sutton's holding that a disability must limit more than one major life activity. Moreover, the bill will clarify that major life activities include working, communicating, concentrating, thinking, reading, and other activities of central importance. Although Sutton arose in the ADA context, its holding was equally applicable to 504 cases, and thus, the override is made applicable to 504.
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Old 11-19-2021, 04:56 PM
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I have heard, perhaps incorrectly, that the administration is telling companies to do it anyway, appeals court notwithstanding.

If the Supreme Court rules against the administration, and they would order companies to make vaccines mandatory anyway, what happens? How does the court enforce it’s order?

If a company is directed to follow the administration order, it could go back to a District Court. They follow the Supreme Court, and vacate the administration order. The administration does executive branch orders. They say, “so what, ignore the courts.” So what happens? Where are the teeth?
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Old 11-19-2021, 05:28 PM
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Originally Posted by TransWorld View Post
I have heard, perhaps incorrectly, that the administration is telling companies to do it anyway, appeals court notwithstanding.

If the Supreme Court rules against the administration, and they would order companies to make vaccines mandatory anyway, what happens? How does the court enforce it’s order?

If a company is directed to follow the administration order, it could go back to a District Court. They follow the Supreme Court, and vacate the administration order. The administration does executive branch orders. They say, “so what, ignore the courts.” So what happens? Where are the teeth?
I think what you are referring to is the press secretary saying that the administration is telling companies to push ahead with plans that the OSHA rule will be enforced, meaning plan on it still happening. If the companies are doing are doing anything to prior to the enforcement date, that would be on their own accord.
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Old 11-19-2021, 07:25 PM
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Originally Posted by TransWorld View Post
I have heard, perhaps incorrectly, that the administration is telling companies to do it anyway, appeals court notwithstanding.

If the Supreme Court rules against the administration, and they would order companies to make vaccines mandatory anyway, what happens? How does the court enforce it’s order?

If a company is directed to follow the administration order, it could go back to a District Court. They follow the Supreme Court, and vacate the administration order. The administration does executive branch orders. They say, “so what, ignore the courts.” So what happens? Where are the teeth?
thats actually not unprecedented though it’s been a hot minute. After the ruling by the SCOTUS that Cherokee who own their own lands could NOT be removed from their land in North Georgia and North Carolina, POTUS Andrew Jackson said something to the effect of “They made their ruling, but let’s see them enforce it.” and had them removed anyway.

ironic how probably one of the most racist POTUS policies is now being promoted by Uncle Joe.
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