December 3, 2021
Unions Bring ETS Suits, Broadening Court Battle As ‘Lottery’ Looms
Labor unions have filed at least three lawsuits over OSHA’s emergency temporary standard (ETS) for COVID-19 vaccination, opening proceedings in appellate courts with a Democratic majority among their active judges, ahead of an expected “lottery” to consolidate all ETS litigation in a single circuit. The unions’ petitions join a raft of suits filed by GOP-led states, industry and other critics of the ETS in circuits seen as conservative-leaning, expanding the pool of possible venues for consolidated litigation over the rule...
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