Cherokee_Cruiser
Bronteroc
Our MEC has said they are against mandatory vaccinations for pilots.
UAL to require all employees to get vaccinated
- Thread starter NovemberEcho
- Start date
tlove482
Well-Known Member
So if a pilot is getting fired for not taking it, the union wouldn't fight for them? I'd think unless this was in their contact, the union wouldn't go for this.
It's in the purple contract.
Autothrust Blue
"Well, on the Brasilia..."
Sudden interest in taking the first upgrade.
ASpilot2be
Qbicle seat warmer
Problem is that might be a two legs commute to Florida. Tough choice.
Apophis
Resident Iconoclast
Nah, but the doofus who wrote that won’t have a job soon if he doesn’t comply.
Good. I really want to see the self realization in a few years for some of the morons who won’t comply.
“Yeah, I’m divorced now and live alone in a sad apartment…..and I DO work for a scumbag 135 outfit, but at least I wasn’t a sheep11!1!1!1!!”
Seggy
Well-Known Member
For clarification...
In the contract that a pilot there needs company determined vaccines???
SlumTodd_Millionaire
Most Hated Member
Every contract has something called a “management’s rights clause.” It basically allows management to tell you what you have to do in your job, so long as it doesn’t directly contradict what’s in the contract. So unless the contact specifically prohibits a vaccine mandate, then management has the right to impose one. It’s no different than management creating a new training program that you’re required to go through every year. If you refuse to do it, it’s insubordination, and you’re fired. You can certainly file a grievance. But it won’t go anywhere.
Autothrust Blue
"Well, on the Brasilia..."
And, even for sake of argument, absent a specific provision in the CBA saying the Company cannot make you take your medicine, I think this would be very difficult to fight and win.
The law is not on the anti-vax squad’s side.
M. Passports, Visas and Immunizations
1. Each pilot shall maintain a current passport. The Company shall ad-vise each pilot of the visas and immunizations he must possess. The Company shall notify a pilot, via VIPS, of the expiration date(s) of his passport and any required visa(s) at least 30 days prior to the expira-tion date(s). The Company shall reimburse a pilot for the cost of obtain-ing and renewing his passport and all Company required visas and immunizations.
tlove482
Well-Known Member
Thanks, that's what I was trying to figure out.
Maximilian_Jenius
Super User
An accurate video of tough internet keyboard warriors sticking their chest out to the cheers and likes of their internet audience. Then the realization that their cheering squad and ALPA doesn't have their backs (and probably already got their vaccine). Then the begging and apologizing. Then the beheading/termination.
BobDDuck
Island Bus Driver
@HRDiva could probably add detail, but unless vaccine mandates are specifically prohibited in the contract, a company only needs to make reasonable accommodations for those who don't comply. First HR would have to determine that the request for accommodations is legitimate. Religious reasons are legit, but may require evidence such as a letter from a priest/rabbi/etc attesting to the pilots history of not taking vaccinations and following the tenants of that religion in the past. If the request is deemed valid, accommodations could range from simply being exempt from the policy (unlikely in this case), to required mandatory testing prior to each trip, to forced unpaid leave of absence until such time the company deems the liability risk to be less and they no longer mandate a vaccination (or the pilot gets vaccinated).
HRDiva
Well-Known Member
You are correct; sort of…
Title VII prohibits employment discrimination based on religion, such as refusing to accommodate an employee’s sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship.
Now, I’m going to assume that employees who object to getting a COVID-19 vaccination generally have sincerely held beliefs to back that up. So, an employer should focus on whether an accommodation would impose an undue hardship.
Under Title VII, an undue hardship is anything that creates more than a minimal burden on the operation of the business. The EEOC notes that burdens on businesses that are more than minimal include jeopardizing security or health; or costing the employer more than a minimal amount.
So, what might (or might not) be a Title VII undue hardship? Let’s try a few examples:
- Samantha works remotely and does so productively. There is no issue with her work performance, and she has plenty of work to keep her busy. Plus, Teams and Zoom have been sufficient substitutes for in-person meetings. Indeed, Samantha has zero physical contact with co-workers or customers. If Samantha’s company has a mandatory vaccination policy and Samantha has a religious objection, allowing her to work remotely would reasonably accommodate her religious beliefs without creating an undue hardship on the company.
- Jason works in the office. He has expressed a religious objection to the company’s new mandatory vaccination program. However, Jason has agreed to mask, socially distance, and get tested for free at least once a week at a nearby drug store. These prophylactic steps mirror those that the federal government has implemented for its workers. Presumably, therefore, Jason does not jeopardize employee health. Thus, his protocol is a reasonable accommodation.
- Chantel works in the same office as Jason. She also has a religious objection to the vaccine but refuses to wear a facemask. Plus, her job is not conducive to remote work. Accommodating her would create an undue hardship because she poses a health risk to others. (The same would hold if she could not socially distance or get tested regularly).
- Sanjay also works in the office across the street. He, too, has a religious objection to his company’s new mandatory vaccination program and cannot work remotely. Like Jason, he is willing to mask, socially distance, and get tested at least once a week. The difference is that the tests cost money; the company must pay each time it tests Sanjay and everyone else who, like Sanjay, has a religious objection to the vaccine. It is possible under these circumstances that this accommodation may create an undue hardship for the business.
Otherwise, in public facing jobs it’s more complicated. In other words, we don’t have to accommodate religious beliefs if there is no reasonable alternative. With the Delta variant, all bets are off since it so contagious. Being tested weekly may not be sufficient.
You know some dumb ass is going to go that route to. To a room full of cheers and likes from his echo chamber. While all his supporters quietly do what they need to, to survive. Just like a bunch of politicians with an (R) next to their name that got the vax months ago!
HRDiva
Well-Known Member
As an employer, that happens all the time and has been the case with every administration.
Boris Badenov
This is no laughing matter.
Complain, then darkly but non-actionably threaten on the internet, then comply. Just like everyone else.
Skåning
Well-Known Member
Union rep has said they won't fight if the company mandates it, because well it doesn't have the law on its side.
Similar threads
- Locked