Texas Governor Bans Vaccine Mandates From State Officials

Texas Governor Bans Vaccine Mandates From State Officials

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Texas Governor Bans Vaccine Mandates From State Officials

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On Monday, Texas Governor Greg Abbott issued an Executive Order banning any “entity or organization” in the state of Texas from requiring vaccinations. It applies to state and local officials, extending a previous order preventing portions of the Texas government from mandating vaccines. With the new order, state and local officials cannot implement policies requiring businesses to enact vaccine requirements.

The executive order seeks to prevent county judges, mayors and school board officials from drafting policies that would require “any entity” to impose vaccines against COVID-19. The order does not say how, or if, it will try to remove vaccine requirements enacted by the Federal Government or from businesses and organizations that want them. Rather, it applies to “local officials” and prevents them from imposing vaccine mandates as they deal with the pandemic.

Importantly, if Governor Abbott tries to apply the order to private businesses directly, he will face a certain legal challenge from the Department of Justice. 

The law appears to clarify state laws and ordinances and does not explicitly seek to override federal mandates or upcoming OSHA rules, which would presumably remain in effect. However, future state legislation could trigger a conflict between the state and federal government depending on how the Texas legislature responds to Abbott’s call to codify the executive order into law.

“No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19,” Abbott states in the order.

The order states that it is intended to “supersede any conflicting order issued by local officials in response to the COVID-19 disaster,” and “to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that are inconsistent with this executive order.” It does not mention how the new policy would interact with Biden Administration rules, including those that require vaccinations at companies with more than 100 employees. While not mentioning the conflicting federal rules directly, the order could still invite court challenges intended to reinforce the supremacy of federal law.

Abbott is calling for the Texas Legislature to enshrine the executive order into law. The Texas Legislature is currently in its third special session. 

Violators who fail to comply with the order will face the “maximum fine allowed” under Texas law but will not face jail or prison time. 

Texas is home to American Airlines and Southwest Airlines, which have implemented the same types of vaccine mandates that Abbott is seeking to ban. Other major companies based in the state, including Google and Facebook, also have mandated vaccines. The companies have not responded to Abbott’s Executive Order as of Tuesday morning. 

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 IAMAW demands that vaccine mandates go through the collective bargaining process.

A prior executive order by Governor Abbott banned Texas school districts and other government entities from requiring COVID -19 vaccinations for students. Texas is approaching 67,000 COVID-19 related deaths and has one of the highest rates of hospitalizations.

In September, the Biden Administration ordered the Occupational Safety and Health Administration (OSHA) to draft safety rules that would require employee vaccinations at businesses with more than 100 employees. The Administration also began drafting policies requiring federal contractors to have vaccine mandates in place. Earlier this month, American Airlines and Southwest Airlines, who both hold government contracts, announced that they would comply with the upcoming OSHA rules when they are released.

Article 6 of the US Constitution states that federal laws (and the Constitution itself) shall be the “supreme law of the land,” and that no state laws can override a federal law or the Constitution. 

While the Supremacy Clause ensures that the federal laws would prevail over Abbott’s executive order if challenged, some areas of Constitutional law have rarely been tested in courts. One such area involves how companies make accommodations for those with medical or religious requirements that prevent them from getting vaccinated. United Airlines is facing a lawsuit seeking to expand its “Reasonable Accomodation” program to include regular testing and masking as options for those who cannot be vaccinated. Currently, the airline is taking these employees off the clock while developing policies to safely return them to the greater workforce, amounting to an indefinite unpaid suspension. United Airlines has issued statements indicating that more than 97% of employees are vaccinated.

Texas Governor Greg Abbott is currently running for re-election against challenger Allen West. Both men have recently contracted mild cases of COVID-19. Abbott is vaccinated, while West is not. 

 

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141 Report: Paws for Pascarella

141 Report: Paws for Pascarella

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Our 141 report this week takes us to IAM local lodge 1759 in Herndon, Virginia, as the membership conducted the annual Paws for Pascarella Guide Dogs of America charity event.

 

141 Report: Paws for Pascarella

Our 141 report this week takes us to IAM local lodge 1759 in Herndon, Virginia, as the membership conducted the annual Paws for Pascarella Guide Dogs of America charity event.

The video report begins with an update from District President Mike Klemm, who traveled to Dulles Airport to conduct a station visit with the United Airlines membership. In the Video podcast, Brother Klemm informs the membership about this week’s trip to the United Airlines hub at Dulles Airport and Local 1759.  

 On Tuesday, Mike attended the monthly Lodge meeting and spoke to the members about the vaccine mandates at American and United Airlines. He also talked about the status of the ongoing negotiations at Spirit Airlines. Spirit has recently entered mediation proceedings.

Mike said, “We’ll be working with the mediation board to hopefully get a tentative agreement for our members of Spirit to vote on.” Brother Klemm also talked about the upcoming negotiation with United Airlines. Mike stated, “We should be seeing a communication coming out on that in the very near future.” 

Mike continues the report by saying he went over to the airport to visit multiple shifts and multiple briefings for members at United. He answered questions about the mandate and vaccine, as well as responding to questions about negotiations. Mike said it was “a real good visit.” Mike walked the property with 141 VP at East Barb Martin, who also serves as the committee chairman in Dulles, Mike Cyscon, the AGC assigned to the ramp, and Rich Creighton, who serves as AGC to customer service above the wing. Joe Washburn, the southeast regional EAP, also joined Mike on the visit. Brother Klemm thanked the local committee, Bill Hoover, Bill Peer, Sherry Curtis, President Bill Huston, and his entire 1759 executive board for their hospitality. 

Mike then talked about the fundraising event for guide dogs that he attended. The 1759 Charity event was In honor of his former AGC, Rich Pascarella, who unfortunately passed away a few years ago. “Rich not only was a phenomenal union rep and an outstanding AGC but also a personal friend of mine and it’s actually his birthday today.” Mike said of the beloved unionist.

The following guest speaker was Sherrie Curtis from local 1759, the UA Customer Service Committee person at Dulles Airport. “We’re here tonight celebrating our second annual event for Rich Pascarella.” The Charity Top Golf event took place in Loudoun County, having about 60 people that showed up to celebrate and raise funds for Guide Dogs of America. IAM members came from Boston, Newark, Philadelphia, and Chicago. Sherrie reports that Rich Passcarella families came to town driving in from Pittsburgh to celebrate a good time with us. 

Donations came rolling in from Locals 914 in Newark and 1776 in Philadelphia, donating $500 each to sponsor a golfing bay to support GDA. 

In the last part of the report, Dave talks to 1759 UA member Ron Rukenbrod who describes how he and his committee put the event together. He spoke of getting donations from local stores, wineries, and brewhouses for many charity baskets they put together. Ron said, “If you send out 100 letters and you only get 20 people to donate, you’re still 20 people ahead. So it’s always good to just overextend. Ron speaks about the support from the 141 Community Service Director, Cristina Odoardi, saying, “she’s been wonderful reaching out to us; what can I do? What can I do? We’ve been very fortunate”. 

If your local is interested in putting a community service event together, be sure to contact Sister Cristina at codoardi@iam141.org.

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WATCH: Passengers Delay Evacuation to Collect Personal Items From Overhead Bins

WATCH: Passengers Delay Evacuation to Collect Personal Items From Overhead Bins

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Don’t be these people. Panicking passengers evacuating a Spirit Airlines flight are seen ignoring instructions from flight crews during what appeared to be a fairly minor (if alarming) emergency. Some of the passengers evacuating after an engine fire took time to get their belongings from overhead bins, refused to remain seated and tried to give commands to trained flight crews.

WATCH: Passengers Delay Evacuation to Collect Personal Items From Overhead Bins

Passengers on a Spirit Airlines flight leaving Atlantic City in New Jersey were evacuated after a sudden engine fire broke out seconds before the plane was to lift off the runway. No injuries were reported, and all 109 passengers and crew were evacuated, although with disturbing safety failures.

The incident happened Saturday as Spirit flight 3044 was preparing to leave for Fort Lauderdale, Fl. According to the airline, “what is believed to be a large bird” was sucked into the engine just as the plane was about to leave the ground, forcing pilots to abort the takeoff. Cellphone video of the scare has gone viral. 

“The captain braked safely, received an indication of damage to the engine, and ordered an evacuation in accordance with our standard procedures,” read a statement from a Spirit spokesperson. “All Guests and Team Members evacuated the aircraft and were bussed back to the terminal.” The passengers were given full refunds for the flight, which was canceled, and vouchers for future flights. 

The FAA is currently investigating the incident. 

Safety Advocates with the International Association of Machinists and Aerospace Workers who reviewed passenger videos of the evacuation found several disturbing failures took place. Chief among them were passengers who slowed the evacuation of the flaming aircraft to collect belongings from the overhead bins – thus trapping everyone on the plane behind them. 

Pilots could not return the plane to the gate until firefighters had extinguished the engine. This forced the flight crew to evacuate passengers on the tarmac using inflatable slides deployed from either side of the aircraft. In the video, flight attendants can be heard clearly and repeatedly calling for passengers to remain seated, only to be ignored almost entirely. However, according to IAMAW District Safety Director Erik Stenberg, what many passengers did next was potentially much worse. Some passengers actively delayed the evacuation to collect their luggage and personal belongings from the overhead bins. 

“We work with Flight Training and Emergency Procedures Instructors regularly,” said Stenberg. “Crews and instructors practice using these slides. Some people have suffered broken bones going down these slides with nothing at all in their hands,” he said. “And, these were not even real emergencies. These were simulations where everyone was thinking clearly and were calmly following standard operating procedures.” 

“So, even if you get your luggage, you can’t safely get down those slides with it.” 

This behavior slowed down the evacuation, Stenberg said. “The fire itself wasn’t much of a risk by that point,” he said. “Fire crews were already activated, and the flight was on the ground.” According to Stenberg, who has been involved in union-side safety programs for decades, the real risk to passengers came from other passengers ignoring flight crew instructions. In fact, notes Stenberg, “it looked like some people were panicking and trying to take control over the evacuations themselves and away from trained flight crews. They were trying to give the flight attendants commands instead of following instructions.” 

While he noted that flight attendants could have gained more control of the situation, Stenberg said that the incident offered many lessons for passengers. Principally, the importance of carefully listening to (and following) pre-flight safety instructions. “I know we all like to ignore the flight attendants when they tell us what we should be doing in an emergency,” he says. “But, we should pay more attention. This incident is a perfect example of what happens if we’re unprepared.”

“The time to react to an emergency is before it happens,” Stenberg said.

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Helping Hands October: Recovery

IAM Peer Volunteers:

   

For October, we address “Recovery”. Recovery is an important concept for anyone experiencing an issue with substance abuse AND/OR  mental health. Mental health issues are increasing due to isolation caused by covid and are primarily increasing anxiety and  depression. Additionally, the divide our society is experiencing in a number of areas is driving much of the anxiety, as many issues become emotional in nature. Issues around vaccination are the most prominent driver of anxiety currently. 
     The October Helping Hands addresses what recovery is, what services are available and the elements of a recovery plan. Recovery is a continuing process. 
     As always, thank you for the good care you are giving to your co-workers. It is important for them to have someone they know will be confidential and that they can trust to go to when they are experiencing difficulty 

Bryan,

Bryan Hutchinson, M.S.

141 Report – Retirement is a big decision.

141 Report – Retirement is a big decision.

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This week, the District 141 Report covers retirement, retirement planning and why retirees should stay active in their unions.

141 Report – Retirement is a big decision.

This week’s 141 Report includes Paul Platt, the President of Local 2765 in San Diego, and Orlando’s John Staton, who serves as A District 141 Vice President At-Large. Also appearing on the program are Karen Carney, Local 1487 Retiree’s Club President, and Dave Roderick, IAMAW District 141 Legislative Director and recent retiree from United Airlines.

The 20-year Machinists Union Member, Paul Platt, begins the report by informing viewers about a recent retirement event held at the San Diego Local Lodge. “Due to covid restriction, the last year and a half many members took an early out and the union was unable to do any honoring celebration for the members,” said Platt.  “2765 reached out to those we could and had a retirement party at our local lodge,” he continued.

 “We’re amalgamated United upstairs and downstairs, American downstairs, Southwest upstairs, Alaska upstairs and Hawaiian.” The Local currently has about 400 members in the local. The celebration went well, with 45 to 60 retirees recognized by the Lodge. The Lodge also provided tacos for the attendees. The Local also purchased retirement watches for the Brothers and Sisters, and award certificates were given to the members from their carriers.

Paul finished up by saying, “I encourage any local if you can do something for them because a lot of the people that came were very grateful for this small thing we could do.”

The 141 Report then moved to Orlando, Florida, to talk to 30-year United Airlines Ramp Serviceman John Staton, who has been the VP At-Large to District Lodge 141 since last year. Host Dave asked John about retirement information, and John briefed the viewers on how easy it is for members to contact him or District 141 AGC Mike Cyscon for questions about retirement. John then continued to walk the viewers through the website, covering information from credit unions to 401K and reminding members to get a financial planner.

Brother John wanted to remind members that retirement can take time to plan out and encouraged those nearing retirement to start the process early. John says to allow at least six months to get Everything in place before retiring from work.

After retirement, John also encouraged retirees to stay active with their Local Lodge, saying, “they can still stay involved in the local lodges. The retirees paved the way for all of us.”

Dave then welcomed Sister Karen, hired in 1968 with United Airlines and retired in 2003 after 35 years of service. She became the President of the Retirees Club in 2015 and has served in that capacity for six years. Over 225 retirees remain active with the club, with an average of 60 to 125 attending each monthly meeting. Sister Karen reports the recent retiree trip to Lake Geneva, where 40 members traveled around the lake for lunch on a cruise. 

Sister Karen says, “it helps to keep in touch” when asked about the importance of being an active member.

Dave Roderick, our Director of Legislation, was asked if topics come up about politicians attacking or going after retirees benefits at meetings. Brother Roderick replied, “Everything is important. I have made comments about the impotence to Vote” He goes on to say that he “wants to make members aware of what they’re voting for.” 

In closing, Karen said, “Wish I could have done this sooner! I would encourage everyone, there are a lot of agents newly retired, but we try to keep them informed and trying to get more people in. We had 25 new people sign up,” over the past weeks.

Roderick closed by saying, “anyone who is a member of 1487 is welcomed to join the club.”

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