Why is BNSF mandating the COVID vaccine for their railroaders, even though it is against the law in Montana? I asked that question back in November, and shared their response back on November 15th.

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 info that I thought was worth sharing for any other companies in Montana that do business with the federal government.

Here's a copy of the letter that a tipster sent my direction: (highlights were made by me)

attachment-Laurie Esau letter

You may recall that BNSF has argued that because they have federal contracts, their employees are considered federal contractors and have to comply with the vaccine mandate.

Of note in Commissioner Esau's letter, she tells BNSF that Biden's Executive Order "applies only to new or renewed contracts, not existing contracts." Furthermore, she adds that "not every recipient of federal dollars is considered a contractor for the purposes of this order...employers should seek legal advice to properly determine whether their contracts are covered by the Executive Order to avoid liability under Montana's vaccine discrimination ban."

Here's my take: huge, powerful companies like BNSF should stop pretending like they're "the little engine that could." Instead, they should stand up for the men and women that power these companies. They should use their power to go after the Biden Administration's federal overreach like a freight train instead of trying to railroad their employees.


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