Posted on 10/12/2021 1:59:56 PM PDT by dhuls
There is no federal order. There is only a press release!
That’s why Southwest is calling it “federal action.” Texas needs to make it clear they will suspend Southwest’s state business license if necessary.
Red states have real power and they are not using it. This is war and only one side is fighting.
One thing that is interesting is all of this:
Since Abbott has issued his order, it seems to me than anyone who is fired for refusing the vaccine should become eligible for Unemployment since such firing is no longer legal in Texas.
That being the case, the State of Texas, can bill all that Unemployment Compensation back to the company that illegally terminated those employees.
Perhaps a labor attorney may weigh in?
There is, for federal "contractors," [1] which Southwest is [2].
Southwest CEO says they are not going to fire any employee's over the mandate. [3].
We'll see how long it takes for him to be forced to backtrack on that statement.
What they should do, is simply accept their employee's religious or medical exception applications.
Absent that, may they continue to experience "bad weather" that grounds thousands of flights every week. Let them feel the $pain$...it's the only thing that will get these companies to fight back in any meaningful way against this unconstitutional act of mandating people take medicine they don't want or need else they loose their livelihoods and other "pursuits of happiness."
Could be because they don’t just operate in Texas. They fly all over the country.
It doesn’t matter. These woke big companies will comply even without an actual order. It’s what they do.
I work for an environmental consulting firm and one of my regular sites is a navy base where we regularly perform environmental sampling. Does that mean I’m a contractor and am required to have the jab?
THERE IS NO EXECUTIVE ORDER... There is NOTHING more than a PRESS RELEASE suggesting this!
Ahhh, ok, you got me there. I should have remembered that from the pilot briefing I sat in on this morning at the office.
I heard that there is no federal mandate just Biden leftists overreaching
“Sec. 5. Applicability. (a) This order shall apply to any new contract; new contract-like instrument; new solicitation for a contract or contract-like instrument; extension or renewal of an existing contract or contract-like instrument; and exercise of an option on an existing contract or contract-like instrument....”
Only applies to new contracts.
“By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and section 301 of title 3, United States Code, and in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workforce, it is hereby ordered....”
That's like saying the other one only applies to new federal employees. All employee and contractors, new and existing, need to be vaccinated per the Executive Orders.
“...as a federal contractor...”
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How is it that they classify themselves that way?
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I don’t know what they do for the federal government, but I heard the federal contract was only 3% of their business.
I don’t know if that s true or not.
There are two fundamental contractual relationships:
1. SW & Federal government
2. SW & employee
Biden has control over the first, the second should be subject to tort law contractual interference lawsuits I would think (I’m not a lawyer).
The requirement that federal contractor employees need to be vaccinated only applies to new contracts in which the EO is incorporated. It is not retroactive against existing contracts. This is explicit language in the EO. If you have a beef with it then take it up with Biden since he issued the EO.
If works v on a f d contract I would say yes.
The other part of Biden's order is the 'government contractor' category. Every major commercial airline fits that definition.
The small company that I work for has fewer than 100 employees. BUT we do a little bit of DoD work. Technically they could come after us to prove all our employees are vaccinated. Most are, but a few key people are not.
jntrees wrote:
“SWA employee of 10 plus years here: It looks like the Company is going to be very liberal in religious accomodations from what I hear.
We are required as a federal contractor to abide by the POS’s order which is NOT his OSHA EO.
Don’t give up on us yet...”
Yes, there were the 2 EO’s for fed workers and contractors, but only a press conference statement asking for an OSHA rule for mandates for private employers with > 100 employees.
Screenshot about OSHA submitting its rule to the OMB; screenshot on the 12th was -after- gov Abbott’s EO:
https://freerepublic.com/focus/chat/4001616/posts?page=1857#1857
Prayers 🙏🙏🙏 UP for y’all !!
Assuming that the EO passes judicial muster, (a big if), the airlines have an easy out. They can segregate their Govt contractual duties from their consumer duties. They can designate specific air crews to government airline usage such as cargo movement and troop movement and designate specific aircraft and terminals, hangers and warehouses to those contracts. The consumer side is going to follow the Taxes EO, (and law if passed), causing a “separation of GOVT and CONSUMER”. As for govt employees: they are consumers which are given discounted tickets, (just as a large group traveling to a convention together and booked together).
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