SWAPA sues to pause COVID “mandate”
#1
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#2
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Henceforth it seems appropriate to quotation mark “mandate”
https://thefederalist.com/2021/10/07...press-release/
Judge assigned to case
https://heavy.com/news/2018/12/judge-reed-oconnor/
https://thefederalist.com/2021/10/07...press-release/
Judge assigned to case
https://heavy.com/news/2018/12/judge-reed-oconnor/
#4
Seemingly the mandate is not even real.
Joe Biden's Vaccine Mandate Doesn't Exist. It's Just A Press Release (thefederalist.com)
Joe Biden's Vaccine Mandate Doesn't Exist. It's Just A Press Release (thefederalist.com)
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Seemingly the mandate is not even real.
Joe Biden's Vaccine Mandate Doesn't Exist. It's Just A Press Release (thefederalist.com)
Joe Biden's Vaccine Mandate Doesn't Exist. It's Just A Press Release (thefederalist.com)
#7
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Haven't listened to podcast. Maybe this was addressed, but pretty sure company will be covered under the CBA, Section 1, Paragraphs N (Separability) and O (Management Rights). The 30-day written request for negotiations thing sounds pretty toothless.
N. SEPARABILITY Should any part of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, act of government agency or decree of court having jurisdiction, such invalidation of a part of this Agreement will not invalidate the remaining parts thereof, which will remain in full force and effect. If any part of this Agreement is invalidated, either party may, upon thirty (30) days written notice to the other, request negotiations for an amendment specifically drafted to account for the invalidated part of this Agreement. Should any provision in this Agreement be declared illegal by any court of competent jurisdiction, such provision will immediately become null and void, leaving the remainder of the Agreement in full force and effect, and the parties will thereupon seek to negotiate substitute provisions which are in conformity with applicable law.
O. MANAGEMENT RIGHTS The right to manage and direct the work force, subject to the provisions of this Agreement, is vested in the Company. Employees covered by this Agreement shall be g overned by all Company rules, regulations and orders previously or hereafter issued by proper authorities of the Company which are not in conflict with the terms and conditions of this Agreement and which have been made available to the affected employees and the Association prior to becoming effective. The Association shall be advised of any changes to rules, regulations, or orders governing pilots at least fourteen (14) calendar days before such rules, regulations, or orders become effective, unless the p arties mutually agree to a shorter advance notification period. This fourteen (14) calendar day requirement will not apply when the Company is required by law to make immediate changes or in the event of an emergency circumstance that reasonably requires i mmediate change.
O. MANAGEMENT RIGHTS The right to manage and direct the work force, subject to the provisions of this Agreement, is vested in the Company. Employees covered by this Agreement shall be g overned by all Company rules, regulations and orders previously or hereafter issued by proper authorities of the Company which are not in conflict with the terms and conditions of this Agreement and which have been made available to the affected employees and the Association prior to becoming effective. The Association shall be advised of any changes to rules, regulations, or orders governing pilots at least fourteen (14) calendar days before such rules, regulations, or orders become effective, unless the p arties mutually agree to a shorter advance notification period. This fourteen (14) calendar day requirement will not apply when the Company is required by law to make immediate changes or in the event of an emergency circumstance that reasonably requires i mmediate change.
#10
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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. As previous cases have proved, it doesn't matter if the union is directing or involved in a work action. The courts view the unions as responsible for the actions of its members. Federal courts in RLA cases have very little tolerance for illegal labor work actions esp in a federal district court located in an area of the country that is generally hostile to labor like Texas.
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