Montana DOL sends strong letter to BNSF on vaccine mandate

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Why is the BNSF forcing the COVID vaccine on its railway workers, even though it is against the law in Montana? I asked this question in November and shared their answer on November 15.

Two days later, the Montana Department of Labor sent a very strong letter to BNSF Railway reminding them that forced vaccination is against the law in Montana. Commissioner Laurie Esau also added some other interesting information that I thought was worth sharing by all other Montana companies that do business with the federal government.

Here is a copy of the letter an informant sent to me: (highlights were made by me)

You may recall that the BNSF argued that because it has federal contracts, its employees are considered federal contractors and must comply with the vaccine mandate.

Of note in Commissioner Esau’s letter, she told BNSF that Biden’s decree “only applies to new or renewed contracts, not to existing contracts.” Further, she adds that “not all recipients of federal dollars are considered a contractor for the purposes of this ordinance … employers should seek legal advice to properly determine whether their contracts are covered by the executive decree in order to avoid any liability under the Montana Vaccine Discrimination Ban. “

Here’s my take: Huge, powerful companies like BNSF should stop pretending they’re “the little engine that could do it.” Instead, they should stand up for the men and women who run these companies. They should use their power to pursue the federal reach of the Biden administration like a freight train instead of trying to taunt their employees.

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