
Augus 25, 2021
Brothers and Sisters,
As I write this
update, United has provided answers to questions we brought forth last
week. The answers are extremely disappointing. The company is giving no
consideration to the sacrifices you’ve made to date to keep this airline
running. As previously stated, the IBT fully supports getting the vaccine
and we are encouraging our members to take the vaccine. However, the
mandatory nature and the short timeframe is putting you, our dedicated
and essential members, in peril of losing your career. I believe given
what you’ve done for this company throughout the pandemic, this action is
completely unconscionable.
We have offered
solutions to the company that would aid our folks in transitioning into
retirement or to limit the draconian measure of termination. These
measures have been met with stubborn resistance.
We took our time
reviewing all legal paths. Based on that research, the IBT does not want
to give you a false sense of hope that we may prevail in court. The
constitutionality of mandatory vaccines was upheld in the 1905 Supreme
Court decision Jacobson
v. Massachusetts. That case was then reaffirmed in the 1922 Zucht v. King
decision. In a recent challenge to a Covid 19 vaccine mandate, Supreme
Court Justice Amy Coney Barrett denied emergency review of Indiana
University’s vaccine mandate, thus maintaining the lower courts’
decisions upholding the mandate. These cases implicated concerns
regarding the constitutionality of mandates because they involved state
actions rather than the private sector.
Recently a couple of
high-profile actions have taken place regarding private (i.e.
non-governmental) company mandates. A federal court in Texas has
dismissed a lawsuit challenging a mandatory vaccination program by a
private employer in the case Jennifer
Bridges v. Houston Methodist Hosp. Similarly, a lawsuit filed
by a group of pilots at United was dismissed on procedural grounds. In
his ruling, the judge noted that even if the procedural defects were
fixed, the pilots were unlikely to succeed based on the merits.
Our legal team has
also explored a legal strategy of filing a lawsuit to compel United to
bargain with us over this mandate. However, their analysis has
concluded that any such lawsuit has very little chance of success.
Given that the courts
are not granting relief to employees at private companies, our
alternative is to represent you in the grievance procedure using the
just-cause standards.
If you have seriously
held religious objections or valid medical reasons for objections to the
mandate, file them now. The EEOC has determined that those two exceptions
are required in any mandated vaccine policy.
In solidarity,
Vinny Graziano
Coordinator Technician
and Related
Airline Division
International
Brotherhood of Teamsters
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