Keaau, HI asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii

Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there medical center was open for “members”. The Union is doing business in my home state and requires me to fly for a total of about 11-12 hours to take a annual physical and now I will need to be quarantined for 14 days just to get a physical. The Union has made designated sites in other states but not my state. What are my options?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions may not be able to offer such an accommodation. The issue could also be compounded by the shortages of licensed medical personnel for emergency roles, leave alone in the role of performing physicals for clearance for shipboard duty. You could check with an employment attorney, but the maritime unions are already being forced to deal with difficult issues every day as a result of this health crisis. Good luck

Tim Akpinar

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