SWAPA sues to pause COVID “mandate”
#21
Gets Weekends Off
Joined: Jun 2014
Posts: 143
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WAIT…. I thought SW blamed weather and ATC delays? Nothing was published initially about pilots hanging flags out of windows. Can you prove that was a pilot and not a disgruntled agent or mech….you can’t.
#22
Gets Weekends Off
Joined: Feb 2018
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It's just the way the case law has developed. It is what it is.
#23
Prime Minister/Moderator

Joined: Jan 2006
Posts: 44,874
Likes: 674
From: Engines Turn or People Swim
The courts don't seem to care if the union is officially behind a work action or not. They view the union as kind of like a parent and the membership as a child. The parent is responsible for the behavior of the child regardless of whether the parent explicitly told the child to do something or not. Like if you saw a toddler having a meltdown, disturbing everyone at the grocery store or a movie theater or in church, you'd probably silently judge the parent in your mind moreso than the child.
It's just the way the case law has developed. It is what it is.
It's just the way the case law has developed. It is what it is.
They don't want us to have our own IRA.
#24
#25
Fed > State. Just pandering for the primaries in Spring. Everyone sees it this way, but it will serve its purpose. Some donations and a media cycle. It's beyond obvious his executive order has no legal authority. Plenty of people on here will think this is the life-line they have been waiting for. Unfortunately for them this is just an expedited nail in the coffin of not being required to get a vaccine hope. This will be destroyed in the courts and once again show that Fed > State. Whats next abbot says all military personal in the state also do not need vaccines because they are in Texas.
#27
Line Holder
Joined: Sep 2021
Posts: 45
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Fed > State. Just pandering for the primaries in Spring. Everyone sees it this way, but it will serve its purpose. Some donations and a media cycle. It's beyond obvious his executive order has no legal authority. Plenty of people on here will think this is the life-line they have been waiting for. Unfortunately for them this is just an expedited nail in the coffin of not being required to get a vaccine hope. This will be destroyed in the courts and once again show that Fed > State. Whats next abbot says all military personal in the state also do not need vaccines because they are in Texas.
#29
Gets Weekends Off
Joined: Feb 2018
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Perhaps, but not so much on this issue - at least as things stand now. There's no doubt the executive branch has the authority to issue orders to the military and to set the terms for its contracts with private companies.
The Constitution grants the power to regulate interstate and foreign commerce to Congress. Congress passed the Occupational Safety and Health Act in 1970. It derives its authority mainly from the commerce clause. The OSHA is what the feds are claiming as their authority to mandate workplace safety conditions for the vaccine in companies with > 99 employees.
For further reading:
The Constitution grants the power to regulate interstate and foreign commerce to Congress. Congress passed the Occupational Safety and Health Act in 1970. It derives its authority mainly from the commerce clause. The OSHA is what the feds are claiming as their authority to mandate workplace safety conditions for the vaccine in companies with > 99 employees.
For further reading:
The power of Congress to regulate employment conditions under the Williams-Steiger Occupational Safety and Health Act of 1970, is derived mainly from the Commerce Clause of the Constitution. (Sec. 2(b), Public Law 91-596; U.S. Constitution, Art. I, Sec. 8, Cl. 3; "United States v. Darby," 312 U.S. 100.) The reach of the Commerce Clause extends beyond Federal regulation of the channels and instrumentalities of interstate commerce so as to empower Congress to regulate conditions or activities which affect commerce even though the activity or condition may itself not be commerce and may be purely intrastate in character. ("Gibbons v. Ogden," 9 Wheat. 1, 195; "United States v. Darby," supra; "Wickard v. Filburn, 317 U.S. 111, 117; and "Perez v. United States," 91 S. Ct. 1357 (1971).) And it is not necessary to prove that any particular intrastate activity affects commerce, if the activity is included in a class of activities which Congress intended to regulate because the class affects commerce. ("Heart of Atlanta Motel, Inc. v. United States," 379 U.S. 241; "Katzenbach v. McClung," 379 U.S. 294; and "Perez v. United States," supra.) Generally speaking, the class of activities which Congress may regulate under the commerce power may be as broad and as inclusive as Congress intends, since the commerce power is plenary and has no restrictions placed on it except specific constitutional prohibitions and those restrictions Congress, itself, places on it. ("United States v. Wrightwood Dairy Co.," 315 U.S. 110; and "United States v. Darby," supra.) Since there are no specific constitutional prohibitions involved, the issue is reduced to the question: How inclusive did Congress intend the class of activities to be under the Williams-Steiger Act?
#30
Gets Weekends Off
Joined: Mar 2017
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I remember something from early on in my career (90’s) being told in initial that pilots and crew were not subject to OSHA requirements. Hence why we don’t have to wear back braces to lift our (more than 50#) bags or certain types of safety footwear, or ear plugs, etc.
I know we were told that. Did it change or is this just convenient to move the goal posts?
I know we were told that. Did it change or is this just convenient to move the goal posts?
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