National Retail Federation Against Vaccine Mandate – WWD

SHOOT AT RETAIL: The National Retail Federation has responded to two federal district court rulings relating to the Biden administration’s efforts to mandate a COVID-19 vaccine for the Occupational Safety and Health Administration employer-based company.

Senior vice president of government relations David French said, “The NRF is disappointed that the Sixth Circuit has decided to revoke the residence permit established by the Fifth Circuit. NRF Will consider additional legal options. We also continue to prepare our members to comply with this tough mandate.”

The NRF and other trade associations filed an appeal with the Supreme Court late Friday, an NRF spokesman said Saturday.

The NRF estimates that the order will impact about 3.7 million retail workers at OSHA companies with 100 employees or more, the spokesman said. That figure does not include company offices, he added.

In a statement released late Friday, the organization urged the Biden government to delay the implementation of the Emergency Provisional Standard. “We can work together to find visible ways to increase vaccination rates and reduce the spread of the virus by 2022,” French said.

With coronavirus cases soaring and the Omicron variant spreading across the country – and beyond US borders – many governments, universities, organizations, companies, and small businesses have taken more precautions in recent days. The National Football League and National Basketball Association have postponed several upcoming, Broadway shows such as “Mrs. Doubtfire” has temporarily closed and Radio City Rockettes have canceled their “Christmas Spectacular” shows for the rest of the year. Like movie theaters and high school sports venues, shops, malls, and shopping centers remain mostly open.

French’s statement noted that the NRF “has long maintained that OSHA, in promulgating the Vaccine Mandate Emergency Interim Standard, exceeded the powers granted to it by Congress in 1970 and made rules it would be inappropriate for employers to apply during the official holiday season.”

NRF is the largest global retail trade association. The retail sector is the largest private sector employer in the US and contributes $3.9 trillion to annual GDP.

The NRF’s stance is in response to a recent decision by the US Court of Appeals for the Fifth Circuit to remain a national mandate that the Louisiana Western District Court had imposed at the end of last month. The District has banned enforcement of the Centers for Medicare & Medicaid Services COVID-19 vaccine mandate among others. The order allows the federal government to continue its efforts to implement the COVID-19 vaccine mandate in 24 states. A second federal court order was issued Friday in Texas barring the federal government from implementing a CMS vaccine mandate in the state of Texas. As of now, the Biden administration is authorized to roll out CMS vaccine mandates in 25 states.