United Delays Action Against Employees With Medical or Religious Exemptions

United Delays Action Against Employees With Medical or Religious Exemptions

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United Delays Action Against Employees With Medical or Religious Exemptions

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Facing a lawsuit filed by six United Airlines employees, the carrier has announced that it will postpone the decision to place those with medical or religious exemptions on unpaid leave until October 15. Employees who were denied an exemption have been given individual vaccination timelines from the company, which have not changed. Those who never placed a request for reasonable accommodation must have proof of first vaccination by today, September 27.

The lawsuit is not challenging the vaccine mandate at the airline and is not seeking to delay or stop the requirements that all 67,000 employees at the airline must be vaccinated by today. Instead, the lawsuit asks a Texas court to force the company to revise its “Reasonable Accomodation” policy for those who qualify for medical or religious exemptions. According to the complaint, the existing reasonable accommodation policy discriminates against specific disabilities or religious beliefs. If successful, the lawsuit will require United to allow unvaccinated employees with a medical or religious exemption to remain on the clock and submit to regular testing and masking rules instead of unpaid time off.

However, federal law also allows a company to deny a request for accommodation if doing so would impose an “undue hardship” for the employer. United argues that allowing unvaccinated employees to spread the deadly COVID-19 virus at work represents an undue burden to the airline. Therefore unvaccinated employees must be separated from the rest of the workforce.

“Given our focus on safety and the steep increases in COVID infections, hospitalizations and deaths, all employees whose request is approved will be placed on temporary, unpaid personal leave on October 2 while specific safety measures for unvaccinated employees are instituted,” United said in a September memo to employees. “Given the dire statistics…we can no longer allow unvaccinated people back into the workplace until we better understand how they might interact with our customers and their vaccinated co-workers.”

According to the complaint, the airline violates Title 7 of the Civil Rights Act of 1964 and the Americans with Disabilities Act by denying pay to unvaccinated employees who are not permitted to enter the workplace.

The lawsuit states that “United’s actions have left Plaintiffs with the impossible choice of either taking the COVID-19 vaccine, at the expense of their religious beliefs and their health, or losing their livelihoods.” It goes on to argue that, “In doing so, United has violated Title VII and the ADA by failing to engage in the interactive process and provide reasonable accommodations, and also by retaliating against employees who engaged in protected activity.”

One of the plaintiffs, Debra Jennefer Thal Jonas, who works as a Customer Service Representative at the United Club at DFW airport, has requested both religious and medical exemptions from the vaccine policy. Ms. Thal was granted a medical exemption but has joined the lawsuit because United did not provide her a way to file a second request on religious grounds.

Another plaintiff, Flight Attendant Genise Kincannon, was granted a religious exemption but is joining the suit because she feels that unpaid leave is unreasonable and a violation of her rights under Title 7 of the Civil Rights Act.

The union representing flight attendants at United, the Association of Flight Attendants (AFA), has said that it will not assist members that apply for vaccine exemptions, saying that the process should be a “private matter.”

At a time when mixed messaging can have devastating results, United has struggled to find a consistent narrative on the subject. In January, United CEO Scott Kirby said United could not realistically mandate vaccinations unless other airlines and companies do the same and require their employees to take them as well. By this summer, Kirby had changed course and implemented the most sweeping vaccination requirements of any of the Big Three carriers at the time. United Ground Express, a wholly-owned subsidiary of United Airlines, first told employees that there were no plans to require vaccinations, then changed course less than a month later. United first told employees that they would have to be “fully vaccinated” by September 27. The company is now telling employees that they only need the first shot by that date.

The position of the International Association of Machinists and Aerospace Workers union is that vaccine mandates are unnecessarily controversial and should not be used until a good faith effort to employ incentives has been tried first. Throughout this process, United Airlines has failed to provide clear communications and a consistent policy towards vaccinations.

“The IAM will pursue any grievance where our members were wrongfully denied an exemption and then terminated,” IAMAW District President Mike Klemm said in a September 3 statement. “Let me be abundantly clear. Your IAM attorneys have advised us that the company is within its legal rights to mandate the vaccine as a condition of employment so any grievance would be an uphill battle. Morally it’s deplorable, but welcome to Kirby Airlines.”

IAMAW International President Robert Martinez has also demanded that any vaccine mandates be part of the bargaining process. “The IAM will work to enforce the legal obligation of employers to bargain with unions over effects that implementation will have on union-represented employees,” said Martinez. “Rest assured, the IAM will, as always, continue to vigorously protect our members’ rights.”

All major airlines in the United States have announced plans to implement vaccine requirements, including American Airlines, Delta, Southwest, Hawaiian, Frontier, JetBlue, and United. In September, OSHA began drafting policies that will require all US-based employers with more than 100 workers to require vaccinations protecting against COVID-19 or allow weekly testing.

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FAA Fines Against Unruly Passengers Reach $1M

FAA Fines Against Unruly Passengers Reach $1M

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FAA Fines Against Unruly Passengers Reach $1M

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The U.S. Department of Transportation’s Federal Aviation Administration (FAA) has proposed another $531,545 in civil penalties against 34 airline passengers for alleged unruly behavior, bringing the total for 2021 to more than $1 million. Since Jan. 1, 2021, the FAA has received approximately 3,889 reports of unruly behavior by passengers, including about 2,867 reports of passengers refusing to comply with the federal facemask mandate.

From FAA.gov

Willis Towers Watson, a risk mitigation and liability consultant company, conducted the survey from August 18 through 25.  The company has more than 300 aviation specialists in 35 locations and advises airlines about reducing ground handling losses, improving safety practices and liability costs, and the impacts of COVID on the industry. 

With full General Use Authorization for the Pfizer vaccine,  an avalanche of private and public employers have created policies that require employee vaccinations. Within weeks of the FDA decision, dozens of large employers immediately began requiring vaccinations, with more than half of all employers in the nation (55%) expected to take action by the fourth quarter of this year. 

The dangers of a perpetual, lingering pandemic constitute a severe financial risk for airlines and other industries. Runaway COVID cases and hospitalizations are prompting a new round of travel restrictions for popular airline destinations, hampering the long-awaited recovery of airlines. These restrictions include new air travel limits at tourist hotspots like Hawaii, the Bahamas, Europe, Canada, and Mexico.

 In August, Delta CEO Ed Bastian told unvaccinated employees they would need to pay $2,400 in annual health insurance surcharges to help offset the monetary risk of employing them. According to Bastian, employee COVID-19 hospitalizations cost an airline an average of $57,000 each. With the highly transmissible Delta Variant, a single employee can infect dozens of coworkers, all of whom can miss up to a month or more of work. Companies with high numbers of unvaccinated workers are vulnerable to sudden, mass outages and crippling health care and liability costs. 

The survey found that a majority (52%) of employers are developing vaccination requirements they hope will be implemented soon, by the end of the year. These mandates could require vaccination proof to gain access to common areas such as breakrooms and cafeterias or comprehensive policies that require employees to stay current on their vaccinations as a condition of employment. 

Many of the 961 US-based companies that participated in the study indicated they are developing more than one vaccine requirement. Of the companies, 45% plan to require employees to provide proof of vaccination before returning to in-person work, and 34% say they will not hire or keep unvaccinated employees. An overwhelming majority, 79%, say that planned vaccine requirements will apply to all workers at the company. 

In all, the employers who responded to the survey employ 9.7 million workers. 

The pandemic has caused several additional burdens on employers beyond health care, employee absenteeism, loss of customers and predictable operations. More than two-thirds of employers (68%) have been forced to increase spending on communications programs designed to convince employees of the benefits and safety of vaccines, as well as how they can get vaccinated. Most employers (86%) absorb the majority of costs associated with COVID testing and 80% invest in contact tracing programs. 82% of respondents predict that COVID-related expenses will continue to threaten employee wellness over the next six months.

The fines are part of the agency’s Zero Tolerance campaign against unruly passenger behavior. Earlier in August, the FAA sent a letter to airports requesting they coordinate more closely with local law enforcement to prosecute egregious cases. The FAA does not have criminal prosecutorial authority. The letter also requested that airports work to prevent passengers from bringing “to-go” cups of alcohol aboard the aircraft.

The FAA launched a public awareness campaign to engage with airline passengers, flight attendants, pilots and travelers on this issue. Campaign items to discourage unruly behavior include the FAA Kids Talk PSA and other content across its social media platforms.

Some of the new cases include:

  • $45,000 against a passenger on a May 24, 2021, jetBlue Airways flight from New York, N.Y., to Orlando, Fla., for allegedly throwing objects, including his carry-on luggage, at other passengers; refusing to stay seated; lying on the floor in the aisle, refusing to get up, and then grabbing a flight attendant by the ankles and putting his head up her skirt. The passenger was placed in flexi-cuffs and the flight made an emergency landing in Richmond, Va.
  • $42,000 against a passenger on a May 16, 2021, jetBlue Airways flight from Queens,  N.Y., to San Francisco, Calif., for allegedly interfering with crewmembers after failing to comply with the facemask mandate; making non-consensual physical contact with another passenger; throwing a playing card at a passenger and threatening him with physical harm; making stabbing gestures towards certain passengers; and snorting what appeared to be cocaine from a plastic bag, which the cabin crew confiscated. The passenger became increasingly agitated and the crew equipped themselves with flex cuffs and ice mallets to ensure the safety of the flight if his behavior worsened. The flight diverted to Minneapolis, Minn., where law enforcement removed the passenger from the aircraft.
  • $32,500 against a passenger on a Jan. 2, 2021, Southwest Airlines flight from Orlando, Fla., to Kansas City, Mo., for allegedly assaulting passengers around him because someone in his row would not change seats to accommodate his travel partner. He told his travel partner he would need to bail him out of jail for the physically violent crimes he threatened to commit. The captain returned the flight to the gate where law enforcement met the passenger. Southwest banned him from flying with the carrier in the future. The FAA does not put passengers on no-fly lists.

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United Airlines to Require Employee Vaccinations (Survey)

United Airlines to Require Employee Vaccinations (Survey)

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United Airlines to Require Employee Vaccinations (Survey)

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Reversing his earlier promise not to be the first to issue vaccine mandates, United Airlines CEO Scott Kirby announced that all US-based employees must be vaccinated against COVID-19 by this fall.

This move by United was poorly communicated to Union Members, and reverses earlier promises.
Today’s announcement reverses Kirby’s statement he made in January of this year when he said, “I don’t think United will get away with and can realistically be the only company that requires vaccines and makes them mandatory. We need some others…to show leadership, particularly in the healthcare industry.”

District 141 stands by the position shared with members at that time, encouraging incentives, not mandates. “We expected better collaboration between United’s executives and the airline’s unions on this critical issue,” said IAMAW District 141 President, Mike Klemm. “Clearly, we are working with a different regime, the Oscar Muñoz style of management is over,” said Klemm.

Ramp, Gate, and Ticket Counter workers will need to upload proof of vaccination.
United workers can upload an image of their vaccination card on the United employee’s FlyingTogether website. For most employees, once it’s been recorded, it will be stored in “My Info” near your Payroll Advice and W2 forms. 

When will I need to have my vaccination records uploaded?
You should upload your vaccination information to Flying Together as soon as possible. The deadline to have records on file is five weeks after September 20, 2021, or five weeks after the FDA gives the vaccine full approval, whichever comes first. The latest possible date for having your vaccination records on file is October 25th, but the FDA is expected to grant full approval status much sooner – which means that waiting until October 25th may be a bad idea that could result in disciplinary action. If you’re vaccinated, please upload your vaccination records right away. 

What are the incentives for getting vaccinated?
Since vaccines first became available, the IAMAW has been working with airlines to develop incentive programs to encourage employees to get vaccinated. At airlines like United, this has led to things like on-site vaccination clinics, time off from work, and educational outreach efforts. Now, United is offering an extra day of pay for those who get vaccinated. That means additional hours will be added to your paycheck, based on how many hours you are scheduled to work. That’s free money to do something that can save you and those around you from getting seriously hurt or killed by this virus.

Companies can legally require vaccines, and airlines have been doing it for years.
In December, the Equal Employment Opportunity Commission (EEOC) ruled that requiring employees to take a COVID vaccine does not violate the Americans With Disabilities Act (ADA). Legal experts are in broad agreement that employers may require vaccines for those who want to do certain jobs and to reduce risks to customers and their workforces.

Many companies already require vaccinations and other job-related medical examinations. Medical staff, teachers and students, workers in the adult industry, and military service members are a few examples of occupations where vaccinations are required to protect employees from diseases. Airlines have been requiring vaccinations for employees such as pilots and flight attendants for years.

As for the COVID vaccines specifically, airlines may not have a choice whether to require vaccinations, especially those carriers that fly to international destinations. Many countries are drafting requirements for everyone traveling in or out of their borders, including vaccinations. As this happens, anyone traveling to those areas will need to get vaccinated against COVID – both passengers and flight crews alike.

How will the company handle employees that refuse to get vaccinated?
The United announcement was not explicit on repercussions for workers that refuse to follow the new guidelines. However, it seems clear that vaccinations will soon be a requirement for anyone wishing to hold a position at United Airlines in the US. Vaccinations are now considered to be a safety requirement at the airline. Actions by employees that affect safety can result in discipline.

Any disciplinary action will be subject to the standard Grievance Process.

Employees with specific disabilities and sincerely held religious beliefs may have additional legal rights that employers must respect. The EEOC can offer further guidance and legal assistance.

Both SARS-CoV-2 vaccines currently available are safe and effective in preventing the transmission of COVID-19.
Before becoming available for public use, each COVID vaccine goes through extensive testing and oversight. They must pass rigorous clinical trials, meet stringent federal guidelines, and undergo continuous monitoring for side effects, allergies, and any other problems.

All available vaccines in the US are currently approved by the FDA for emergency use. Full FDA approval is anticipated in September 2021. 

All FDA-approved COVID-19 vaccines available today are proven safe and effective against the coronavirus. However, the CDC recommends that anyone who had an anaphylactic (life-threatening) reaction to the first dose of a COVID-19 vaccine should not have a second dose. It also advises anyone who is allergic to any ingredients in COVID-19 vaccines to not get vaccinated. Any employees who fall into those categories should be exempted from any vaccine mandate. These allergies have arisen in a tiny number of recipients, but no fatalities or severe reactions have been recorded.

None of the approved COVID-19 vaccines have resulted in widespread health concerns; from clinical trials to real-world use. No fatalities or serious injuries have been reported from the millions of injections that have occurred so far. In contrast, the coronavirus has killed more than 615,000 people in the US, and thousands more are suffering from long-term effects as a result of contracting the deadly disease.

In recent years, anti-vaccine sentiments have become popular in some groups, but there is no scientific basis for vaccine panic.

Widespread vaccinations against COVID will help achieve the “herd immunity” to the virus that is necessary for the airline industry to carry enough passengers and return to profitability over the next few years… and the only way that most airline workers will remain safely employed.

More information about the safety of vaccines is available from Johns Hopkins University.

Without mass vaccinations against COVID-19, airline work will become extremely precarious. Anyone working at any airline could suddenly find themselves out of a job.
Since the pandemic was declared in March 2020, travel has plummeted from more than 2 million passengers a day to a low of below 90,000. Over a year later, air traffic is still at lower than typical levels. Airlines have asked for billions of dollars in supplemental government aid so they can survive while the pandemic rages worldwide. In spite of all that help, more than a dozen airlines have declared bankruptcy, resulting in thousands of jobs lost permanently. Even with vaccinations widely available, mask mandates, COVID testing, and other measures, commercial aviation is in a precarious position.

The COVID vaccines are a lifeline for US airline workers. However, it could still take months to fully vaccinate 350 million Americans and end the pandemic once and for all. For airlines, the sooner Americans get immunized on a mass scale, the sooner airlines can recover. 

What are your thoughts on this topic? Do you support or oppose mandatory vaccinations for airline workers? Let us know by completing this short survey:

 

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Record Number of Attacks on Airline Workers Driven by Mask Mandates, Political Fury

Record Number of Attacks on Airline Workers Driven by Mask Mandates, Political Fury

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Record Number of Attacks on Airline Workers Driven by Mask Mandates, Political Fury

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A report from the Federal Aviation Administration reveals the number of violent attacks against flight crews and airport agents has exploded by over 170% since 2019.

With 2021 approaching its midpoint, the number of assaults against flight attendants and airport gate and ticket agents has already set new records. 

“In 2004, the FAA logged 310 attacks against airline workers,” said David Roderick, the Legislative Director for District 141 of the International Association of Machinists and Aerospace Workers, one of the largest unions of airline and transportation workers in the world. “That was the previous record for a full year,” he said. “At the end of May, we’ve already broken that record in 2021. It’s outrageous,” he said.

As of May 25 of this year, the FAA has recorded 394 potential violations involving unruly passengers, some so severe that the Administration took serious enforcement action. In a typical year, there are about 130 cases reported in a 12 month period. Documented 2021 cases have more than doubled in the first six months, breaking records kept for over 25 years. 

According to Roderick, most of the violence stems from anger at mask mandates and political fury that was manifested in the Capitol insurrection. “Wearing a mask is still required on airplanes and airport facilities. Too many people are refusing to comply, and some people need to be reminded multiple times to pull up their masks to cover their nose and mouth,” he said. “Each time an airport agent or a member of a flight crew has to repeat the instructions, the tension level goes up. The fact is, airline workers are risking their safety to enforce mask compliance.”

“A huge number of these attacks were clustered around the January 6 riot at the Capitol,” he said, referring to reports of unruly and occasionally violent travelers into and out of Washington, DC in early January. “But even if we take out the attacks that occurred around that day, the amount of violence that airline workers are being subjected to is completely off the charts.”

On May 23rd, an anti-masker struck a flight attendant on a Southwest flight from Sacramento to San Diego. She lost two teeth in the assault and needed to be hospitalized. The passenger was arrested at the gate, charged with felony assault, and is now permanently banned from the airline.  

Since that vicious assault, Southwest and American Airlines announced they are delaying plans to resume sales of alcoholic beverages on flights. Overconsumption of alcohol has often been cited as a cause for disruptive behavior, and airlines had paused most meal and beverage services to reduce movement around aircraft cabins early in the pandemic. 

Southwest Airlines alone has logged 477 incidents of serious “misconduct” on planes this year. The cases requiring enforcement by the FAA seem like a lot, but the figure does not include thousands of lesser but still severe attacks. According to the FAA, airlines have reported 2,500 cases of “unruly” passengers this year. These incidents include not only physical attacks, but also verbal abuse and threats.  

Of the 2,500 incidents reported by airlines, 1,900 cases involved instances where passengers became violent during an event involving face masks, which are mandated by the US Department of Transportation, not individual airlines. The FAA recently extended the mask requirement through September 13, 2021. 

Four years ago, the International Association of Machinists and Aerospace Workers, and other airline unions began an intense lobbying campaign for stronger protections for airport customer service agents from assault by passengers. Congress responded by expanding protections for airport agents while they are performing their duties in the FAA Reauthorization Act of 2018. The act called for new protocols that place decisions regarding the refusal to transport a passenger after an incident in the hands of law enforcement, not airline supervisors. These provisions were a top priority for airline workers after the FAA logged 91 enforcement actions the previous year. 

The FAA Reauthorization Act of 2018 also increased the penalties for unruly behavior by passengers. Facing the surge of incidents in the past year, the FAA instituted a “zero-tolerance policy” and has been imposing maximum fines of up to $35,000 on passengers that become violent or refuse to wear masks onboard aircraft. According to USA Today, the agency imposed $258,250 in fines and penalties to 27 passengers last month. 

A Government Accountability Office study mandated by the act revealed that over 92% of the airline agents interviewed had experienced verbal harassment from passengers, and over half had either been threatened or had been the target of a physical assault from a passenger while working at the airport. 

The data produced by the study have yet to be applied to institute new procedures or training for workers. Other provisions of the act, such as new rest rules for flight attendants and secondary cockpit doors, have not been fully implemented by the federal government. Most airlines failed to meet a deadline in late 2019 that required them to submit plans to the FAA detailing their new programs to respond to passenger assaults. “This is unacceptable,” said Roderick. We fought for these expanded protections, and the federal government has not done their part to follow through on these requirements,” he said. 

While he said he is happy to see a crackdown on unruly behavior, Roderick thinks airline workers need to know their rights so they can better protect themselves and the safety and comfort of all passengers. “This includes managers who are sometimes forced to make quick decisions based on incomplete or unclear information,” he added. 

“We have legislation in place that passed with bipartisan support to improve the safety of our air travel network,” said Roderick. “We need to implement every aspect of the 2018 FAA Reauthorization Act so we can come back from the pandemic with all the tools needed for a healthy recovery. Summer is here, and the flights are filling up. We need to do this now.” 

 

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141 Report: GSAP Rollout at American, PA State Council Conference

141 Report: GSAP Rollout at American, PA State Council Conference

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Obie O’Brien (left) and Rich Howell (on right) with Congressman Connor Lamb (D-PA, 17th Dist.) Obie is the President of the Pennsylvania State Council of Machinists, and Rich is the Vice President. 

141 Report: GSAP Rollout at American, PA State Council Conference

Safety First. The culture of working safely drives everything we do as a union. Dave Lehive welcomes back Dennis Spencer, District 141 Safety Coordinator at American Airlines to update us about the rollout of the GSAP safety reporting system at American. 

Asia McClain, a GSAP Advocate from Local 561 in Kansas City, Missouri, joins the conversation to share her views on how the implementation of this important safety program is going and how it has improved safety at her station. 

Front-line workers have filed over 100 GSAP reports since the program began at American on March 29, 2021. There are 100 safety advocates from the IAM/TWU Association throughout the American Airlines network who have received training on GSAP protocols. Dennis is still recruiting advocates and conducting training sessions to make sure there is a trained GSAP advocate at every airport. Asia praised the program as an opportunity for workers to voice safety concerns and how it prevents managers from “shutting you down and not listening.” 

Having the FAA and neutral parties reviewing problems at ERC meetings has already improved the safety culture at Kansas City, and both guests agreed that while there’s a lot of work to do, GSAP will improve the safety culture for all members of The Association. “Members need to be informed about this program because it gives them a voice. Problems are looked at from every perspective,” said Asia. 

“No more sweeping things under the rug.” 

To learn more about GSAP or to file a report, go to https://www.unionsafe141.org/

In the second part of the video, Dave reports on the in-person gathering of delegates of the Pennsylvania State Council of Machinists for their conference in York this week. They welcomed John Fetterman, Lieutenant Governor of Pennsylvania, Josh Shapiro, Pennsylvania Attorney General who spoke about voting rights, and several members of the Pennsylvania congressional delegation, who participated both in-person and virtually. 

Hasan Solomon, IAMAW National Legislative Director, spoke at the conference about the ongoing fight to protect labor rights and the importance of passing the PRO Act, the most important labor reform legislation in a generation. In his signature style, Brother Solomon reminded everyone that “If you’re not at the table, you’re on the menu.”

Remembering Fallen IAM Members

Remembering Fallen IAM Members

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Remembering Fallen IAM Members

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Worker safety is one of the most important aspects of being a union member and on Wednesday, April 28, we remember those who died too soon.

The IAMAW honored 40 fallen members in its annual Workers’ Memorial Day Ceremony, held at the William W. Winpisinger Education and Technology Center in Hollywood, Md. This year, the event was private due to physical distancing precautions amid the ongoing COVID-19 pandemic, but a recording will be available.

The Occupational Safety and Health Act went into effect a little more than 50 years ago, after unions drew attention to work-related deaths, disease and injuries. We organized and demanded safer working conditions, resulting in more than 627,000 workers’ lives being saved since the act passed.

Those efforts continue today, as we fight the COVID-19 pandemic with greater access to personal protective equipment, paid leave and hazard pay, especially when we negotiate those benefits into union contracts.

Each year, more than 5,000 workers die from job injuries and 95,000 die from work-related illnesses. Working together, we can reduce those numbers, to save even more lives. Passing the PRO Act would help to make that reduction a reality because workplaces are safer when workers have a voice on the job. Workers in right-to-work states are in greater danger of injury, illness and death. In 2019, the job fatality rate was 37% greater than in states without these harmful laws.

To see the IAM’s Workers’ Memorial Day ceremony, check GoIAM.org and our social media platforms Wednesday evening. For a list of other events throughout the United States, click here.

Canada marks its Day of Mourning on the same day.

Many thanks to the Machinists & Aerospace journalists at GOIAM.org who wrote and originally published this story. 

Action Alerts

TAKE ACTION: Scholarships Available Now!

/// The Adolph Stutz Memorial Scholarship Essay Contest is Now Accepting Applications

Tell Your Senators to Support the Protecting the Right to Organize Act (PRO Act) Now! 

///The PRO Act will make it easier for working people to bargain together and win good contracts because it will: Empower workers to exercise our freedom to organize and bargain. Repeal “right to work” laws. Ensure that workers can reach a first contract quickly after a union is recognized.

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