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Old 10-11-2021 | 04:33 PM
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Originally Posted by Lewbronski
I doubt images like that help the pilot's case very much because it adds weight to the idea that this is a coordinated work action.
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.
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Old 10-11-2021 | 05:02 PM
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Originally Posted by fadec
Why does the union even get penalized? If I was on trial and shot the judge, my lawyer wouldn't be prosecuted unless it was proven be helped. Isn't it possible to have representation that's immune to actions it doesn't even endorse?
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.
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Old 10-11-2021 | 05:16 PM
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Originally Posted by Lewbronski
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.
Also if they gave the union a pass on anything that it didn't formally instigate you'd quickly end up with a Sinn Fein / IRA kind of dynamic where the political wing plays holier than than thou while the active group bombs cafes and churches... even though everybody knows they're two sides of the same coin.

They don't want us to have our own IRA.
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Old 10-11-2021 | 05:34 PM
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https://www.cnn.com/2021/10/11/polit...ott/index.html

https://www.texastribune.org/2021/10...ccine-mandate/
https://www.texastribune.org/2021/10...ccine-mandate/
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Old 10-11-2021 | 05:48 PM
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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.
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Old 10-11-2021 | 06:06 PM
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Originally Posted by LuvsTacos
Fed > State.
The Constitution disagrees with you.
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Old 10-11-2021 | 06:12 PM
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Originally Posted by LuvsTacos
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.
You can't even spell personnel. Nothin personnel, but I don't think you know what you're talking about.
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Old 10-11-2021 | 06:15 PM
  #28  
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Originally Posted by eligible2flow
You can't even spell personnel. Nothin personnel, but I don't think you know what you're talking about.

Hahah, spells chek
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Old 10-11-2021 | 06:33 PM
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Originally Posted by SonicFlyer
The Constitution disagrees with you.
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 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?
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Old 10-11-2021 | 07:20 PM
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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?
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