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Judge Upholds Southwest Airlines’ Vaccination Deadline
Flyertalk ^ | 10/28/2021 | Joe Cortez

Posted on 10/29/2021 11:40:00 AM PDT by Oshkalaboomboom

Southwest Airlines employees now know the date they must provide proof of COVID-19 vaccination to their employer, or face being placed on unpaid leave.

A federal judge denied the Southwest Airlines’ Pilots Association (SWAPA) petition to temporarily strike down the carrier’s December 8, 2021 internal vaccination deadline, along with their entire lawsuit against Southwest alleging violations of the Railway Labor Act.

Mandatory Vaccination Will “Improve the Safety of Air Transportation” The pilots union representing roughly 9,000 pilots working for the Dallas-based airline originally sued the carrier in August 2021, claiming the working conditions under the pandemic broke the “status quo” of their contract. They amended the suit in October to challenge the COVID-19 vaccine mandate.

In her 26-page ruling, federal judge Barbara M. G. Lynn of the Northern District of Texas noted that the primary complaints SWAPA presented were about the carrier’s response to the COVID-19 pandemic. After reviewing the complaint, the judge called the situation a “minor” dispute between the two parties – one which does not need court intervention.

“Southwest’s position that it had the power to enact the policies unilaterally based on the CBA’s [collective bargaining agreement] Scope and Management Rights provisions is neither frivolous nor obviously insubstantial,” Lynn writes in the decision. “Accordingly, the dispute concerns the interpretation and application of the CBA, and thus is a minor dispute subject to compulsory and binding arbitration.”

Regarding the airline’s deadline for COVID-19 vaccination, SWAPA claims that it is an issue that needed to be negotiated with the union. It is a similar stance to the one taken by the Air Line Pilots Association, which supports vaccination efforts but notes that carriers should “bargain over the implementation of employer-mandated vaccines, where appropriate.”

However, Lynn writes that the airline is justified through the current CBA, noting the overarching goal of the agreement is “…ensuring ‘the safety of air transportation, the efficiency of operation,’ and ‘safe and reasonable working conditions.’” As a result, the judge determined the carrier is correct in setting the Dec. 8 cutoff date.

“Requiring Southwest employees to be vaccinated against COVID-19 will likewise improve the safety of air transportation, the efficiency of Southwest’s operations, and further the CBA’s goal of safe and reasonable working conditions for pilots,” Lynn writes. “In addition, because Southwest is a federal contractor, the Vaccine Policy is required by law; SWAPA cannot require or demand that Southwest no longer be a federal contractor to avoid application of Executive Order 14042.”

In comments to CNBC, SWAPA leaders say they are “currently considering next steps” on their grievance. Southwest has not publicly commented on the case dismissal.


TOPICS: Business/Economy; Culture/Society; Miscellaneous; News/Current Events
KEYWORDS: barbaramglynn; barbaramlynn; chiefjoodge; chiefjudge; chiefstooge; joodge; ndtexas; rapinbilljudge; southwestairlines; stoogejudge
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How many thousands of flights will be cancelled over this ruling?
1 posted on 10/29/2021 11:40:00 AM PDT by Oshkalaboomboom
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To: Oshkalaboomboom

I’d definitely be “calling in sick” at (in)opportune times (for the airline.)


2 posted on 10/29/2021 11:43:15 AM PDT by fwdude (Proudly UNvaxxed )
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To: Oshkalaboomboom

The over reaching goal of this administration is CONTROL!


3 posted on 10/29/2021 11:43:50 AM PDT by agincourt1415 (Trump!)
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To: Oshkalaboomboom

Wow...judges thinking they have supreme authority. Look at the assertions being made.


4 posted on 10/29/2021 11:44:04 AM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: Oshkalaboomboom

I remember many years ago when my dad used to go in while other workers were on strike and they would throw rocks at his truck.


5 posted on 10/29/2021 11:44:16 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: Oshkalaboomboom

The judge is not supposed to decide what is favorable business considerations over laws. WTF?


6 posted on 10/29/2021 11:44:44 AM PDT by blackdog (Jab Dodger. )
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To: fwdude

I’d like to see a day where every pilot is sick.
Every airline, every private pilot.


7 posted on 10/29/2021 11:44:57 AM PDT by EEGator
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To: Oshkalaboomboom

Oh look the Judge declares a Zoom Thanksgiving,


8 posted on 10/29/2021 11:45:44 AM PDT by McGavin999 (To shut down the border tell the administration the cartel is smuggling Ivermectin )
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To: Oshkalaboomboom

9 posted on 10/29/2021 11:46:18 AM PDT by OttawaFreeper ("The Gardens was founded by men-sportsmen-who fought for their country" Conn Smythe, 1966 )
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To: Oshkalaboomboom

I thought Southwest said they weren’t required to do this?


10 posted on 10/29/2021 11:46:34 AM PDT by Skywise
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To: OttawaFreeper

I wanna fly on that airline!


11 posted on 10/29/2021 11:47:10 AM PDT by Skywise
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To: Oshkalaboomboom

Appointed by Clinton...


12 posted on 10/29/2021 11:47:11 AM PDT by Magnatron
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To: Oshkalaboomboom

And that’s what we want a stand down of the economy and an uber ANGRY Electorate!


13 posted on 10/29/2021 11:47:38 AM PDT by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: Oshkalaboomboom

Well they messed up with pilots and crew before so I guess they’ll cancel a whole bunch; lots of crew I spoke with are not going to take the jab.


14 posted on 10/29/2021 11:48:37 AM PDT by SkyDancer (A Stranger Is A Friend You Haven't Met Yet)
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To: OttawaFreeper

And now we have singing gay men.


15 posted on 10/29/2021 11:49:21 AM PDT by 1Old Pro (Let's make crime illegal again!)
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To: fuzzylogic
Unfortunately, this gets into the arbitration clauses of contracts.

Unfortunately, way too many of us have signed contracts with these clauses, signing our rights away to the woke corps.

16 posted on 10/29/2021 11:49:25 AM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Oshkalaboomboom

17 posted on 10/29/2021 11:50:05 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: OttawaFreeper

I remember Braniff gals wearing miniskirts and go-go boots.


18 posted on 10/29/2021 11:51:09 AM PDT by waterhill (I would rather Texas had not joined the Union. )
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To: waterhill

They have scrubbed a lot of what went on between 1968 and 1976. That first generation of feminists was laying it on grandma and the church. It was a fun time to be a man, before they clobbered us later.


19 posted on 10/29/2021 11:55:01 AM PDT by Luke21
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To: Harpotoo

Biden and Harris are expendable. Those who are pulling the strings and setting policy know that these policies are unpopular and they are willing to sacrifice HidenHo to accomplish their goals. They also know that the things have to be implemented ASAP.


20 posted on 10/29/2021 11:57:17 AM PDT by TxAg1981
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