The Buckeye Institute Files Brief Requesting U.S. Supreme Court to Immediately Stay OSHA Vaccine Mandate
Columbus, OH – On Monday, The Buckeye Institute filed its reply brief
in the Supreme Court of the United States outlining why an emergency
stay is urgently needed in Buckeye’s OSHA vaccine mandate case—Phillips v. OSHA.
Oral arguments before the U.S. Supreme Court on the question of an
emergency stay of the vaccine mandate are set for Friday, January 7.
“The
Buckeye Institute’s clients have clearly demonstrated that they will
suffer irreparable and immediate economic harm if the OSHA vaccine
mandate is allowed to be enforced,” said Robert Alt, president and chief
executive officer of The Buckeye Institute
and a lead attorney representing Phillips Manufacturing & Tower
Company and Sixarp LLC against the Occupational Safety and Health
Administration’s (OSHA) vaccine mandate. “If the court does not act
immediately to halt the vaccine mandate’s implementation, these
companies will be compelled to comply with this unlawful requirement and
forced to implement expensive policies and practices that will threaten
their businesses, expose them to penalties for noncompliance, and cost
them qualified, well-trained, good employees at a time when they are
already suffering a labor shortage.”
Facing
a dire worker shortage, Phillips Manufacturing & Tower Company
would lose nearly one-fifth of its existing employees if the OSHA
vaccine mandate were enforced. Analysis indicates that enforcing this
vaccine mandate would cost the company nearly $1 million annually in
recruiting, training, additional overtime, and other costs. These costs
do not factor in the harm the resulting labor shortage would do to
Phillips’s ability to meet its contractual production requirements,
which would cost Phillips $25,000 per hour that the purchaser is without
the Phillips product.
Sixarp
is likewise suffering a labor shortage, with more than 30 open
positions at its Grand Rapids and other packaging facilities. As a
provider of packaging for products including over-the-counter and
prescription pharmaceuticals, Sixarp is a critical component of the U.S.
supply chain that is already stretched to its limits, which the vaccine
mandate would significantly exacerbate.
The Buckeye Institute was the first to complete filing with the U.S. Supreme Court requesting an emergency stay
of the Biden administration’s vaccine mandate—Buckeye filed its hard
copy materials less than an hour after the U.S. Court of Appeals for the
Sixth Circuit’s decision came down granting the government’s request to
dissolve the existing administrative stay.
Buckeye’s co-counsel in the case are Patrick Strawbridge, Jeffrey M. Harris, and Daniel Shapiro at Consovoy McCarthy PLLC.
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