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.
I’d definitely be “calling in sick” at (in)opportune times (for the airline.)
The over reaching goal of this administration is CONTROL!
Wow...judges thinking they have supreme authority. Look at the assertions being made.
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.
The judge is not supposed to decide what is favorable business considerations over laws. WTF?
I’d like to see a day where every pilot is sick.
Every airline, every private pilot.
Oh look the Judge declares a Zoom Thanksgiving,
I thought Southwest said they weren’t required to do this?
I wanna fly on that airline!
Appointed by Clinton...
And that’s what we want a stand down of the economy and an uber ANGRY Electorate!
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.
And now we have singing gay men.
Unfortunately, way too many of us have signed contracts with these clauses, signing our rights away to the woke corps.
I remember Braniff gals wearing miniskirts and go-go boots.
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.
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.
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