Job Creators Network, et.al, v. U.S. Department of Labor
Alfredo Ortiz, JCN President and CEO, released the following statement:
“The Supreme Court has stood up for small businesses by staying this illegal employer vaccine mandate. The court has confirmed what JCN has long argued: OSHA does not have the authority to implement this sweeping regulation that will burden American businesses, including many small businesses, with new costs and exacerbate the historic labor shortage. By Issuing this stay, the Supreme Court has freed small businesses to focus on bringing the economy back to its pre-pandemic peak.”
History of the Case:
On November 4th, Job Creators Network (JCN), the nation’s leading small business advocacy organization, filed a lawsuit in the United States Court of Appeals for the Eighth Circuit against the Biden Administration to block the implementation of its vaccine mandate on small businesses. The lawsuit was filed immediately after the Occupational Safety and Health Administration (OSHA) officially unveiled the mandate. JCN filed this lawsuit together with some of its small business members—as well as an employee—represented by Boyden Gray and Associates, a law and strategy firm that includes former senior officials from the U.S. Departments of Justice and Labor.
Ultimately, the Eight Circuit Court–along with the Sixth Circuit Court of Appeals–issued rulings revoking the employer vaccine mandate. On January 13, 2023, the U.S. Supreme Court similarly blocked Biden’s unconstitutional decree, marking a victory for businesses across the country.
The following small businesses joined the legal effort:
Lawrence Transportation Company in Rochester, MN (Eric Lawrence, CEO):
Lawrence Transportation Company is a refrigerated truckload carrier located in Rochester, Minnesota that forms an important part of our country’s critical supply chain. The family-owned business that dates back decades employs more than 100 people.
Guy Chemical Company in Somerset County, PA (Guy Berkebile, President):
Guy Chemical Company is a chemical manufacturer is Somerset County, Pennsylvania that specializes in silicone products and packaging for the consumer and industrial markets. Founded in 1995, Guy Chemical employs more than 160 people, ranging from unskilled laborers to production managers, chemists, and engineers.
The Rabine Group of Companies in Illinois (Gary Rabine, Founder):
The Rabine Group of Companies consists of over a dozen separate entities in Illinois that employ more than 300 people in total. The operations focus on repairing roofs, parking lots, doors, commercial docs, and HVAC systems, as well as snow removal.
Independent Bakers Association (Nicholas Pyle, President):
The Independent Bakers Association is a national trade association that represents more than 200 independently owned wholesale bakeries and allied businesses. Many of these companies are small businesses that will be impacted by the Emergency Temporary Standard.
Pan-O-Gold Baking Company in St. Cloud, MN (Howard R. Alton III, President and CEO):
Pan-O-Gold Baking Company is a bread product producer based in St. Cloud, Minnesota that serves nine states and employs more than 1,300 people. With three state-of-the-art baking facilities, they are one of the largest fresh bread suppliers in the Midwest.
Hog Technologies in Stuart, FL (James Crocker, Founder and President):
Founded in 1988 in South Florida, Hog Technologies is a world market leader in water blasting technology. Starting as a small pressure cleaning company primarily serving residential properties, the company has now grown to employ 194 people and operate in 56 countries around the world.
Terri Mitchell, Employee of Guy Chemical Company:
Terri Mitchell is the administrations manager at Guy Chemical. She is responsible for interviewing new employees and all aspects of hiring, along with other HR tasks such as keeping track of contracts. Terri has had the coronavirus and has tested positive for the antibodies. Because of the natural protection, she is determined not to receive the vaccine.