By David Shepardson

WASHINGTON (Reuters] – The U.S. appeals court has ordered a fresh review of a United Airlines decision that did not block United Airlines’ enforcement of a COVID-19 mandate for its workers.

New Orleans’ 5th U.S. Circuit Court of Appeals ruled 2-1 that the matter was returned to a U.S. District Judge who rejected a request to block the mandate. Employees argued against the decision. United, based in Chicago, was the first major airline to require vaccinations.

Andrew S. Oldham and Jennifer Walker Elrod, Judges, ruled that United’s policy requires employees to make a choice between their religious beliefs and pay.

It was affirmed by the majority that employees who sued were “not able to demonstrate irreparable injury without an injunction”, and the court sent it back for consideration of “the remaining preliminary factors.”

United said Thursday “there’s no doubt our vaccine requirement has saved lives and kept our employees out of the hospital…. We will continue to vigorously defend our policy.”

Judge Jerry E. Smith, in a sharp dissent, stated that majority want to play CEO of multinational corporations and “shatters all dishes in the china shop.” He also added “for every reason (employees could lose) this appeal.

He added: “Nothing, especially not the law, will thwart this majority’s plans.”

United Chief Executive Scott Kirby, NYSE:) defended December’s employee mandate. “We did that for safety.” “We believe that it saved lives.”

Kirby claimed that around 200 United employees didn’t comply with the directives and were terminated. Kirby also stated that six of United’s 13,000. pilots were dismissed.

“Sickness is bad for business—and for unvaccinated pilots, who are more likely to die from the coronavirus than are their vaccinated colleagues,” Smith wrote.