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 won’t be flying Southwest.
Maybe if there are enough cancellations and enough people opt for a different airline, SW might be forced to change the stance.
The Southwest employees are why people fly Southwest.
The Southwest CEO is going to find this out very quickly.
Been saying that a while.
I know lots of IT folks in the same position who keep a lot of critical infrastructure running-—they go home things will start breaking pretty fast
If Herb comes back and takes over we got bigger problems than anything we have seen so far.
The vast majority of the guys I know in the electric transmission/distribution industry are not big on taking the vaccine. And, we are extremely undermanned and aged.
We will “live in interesting times”.
**
We can drive instead of flying for a lot longer than the airlines can stay solvent.
A Rapin Bill "joodge" [stooge judge] rules in favor of Big Government - lying about a non-existent "law".
Stooges gonna stooge, and the liar doesn't fall far from The Big Bill Lying Tree...
I see what you did there. ;)
As of September 13, 2019: # Title Judge Duty station Born Term of service Appointed by 30 Chief Judge Barbara M. Lynn Dallas 1952 1999–present Clinton chief:2016–present 29 District Judge Sam A. Lindsay Dallas 1951 1998–present — — Clinton 31 District Judge David C. Godbey Dallas 1957 2002–present — — G.W. Bush 32 District Judge James E. Kinkeade Dallas 1951 2002–present — — G.W. Bush 33 District Judge Jane J. Boyle Dallas 1954 2004–present — — G.W. Bush 35 District Judge Karen Gren Scholer Dallas 1957 2018–present — — Trump 38 District Judge Brantley Starr Dallas 1979 2019–present — — Trump 40 District Judge Ada E. Brown Dallas 1974 2019–present — — Trump 21 Senior Judge A. Joe Fish Dallas 1942 1983–2007 2007–present Reagan chief:2002–2007 23 Senior Judge Sidney A. Fitzwater Dallas 1953 1986–2018 2018–present Reagan chief:2007–2014Two chances for a Rapin Bill stooge, three Dubya judges [any squishes?] and three Trump judges.
AAAANNNNDDD they got a stooge.
There is no “law” - she’s a Clinton “joodge”, and she’s just making sh*t up.
Just tell the management that either this Biden mandate gets ignored for ALL SWA employees, or all pilots walk off on Monday Nov 22.
Barbara M. G. Lynn fails as a judge and is defeated by simple logic.
I do know though that one of the major hubs of Southwest is in Nashville, which is in a major red State of Tennessee, which I'm sure the commies would like to see economically destroyed or lets say most of it being their is a few Democrat strong holds in it like Memphis. Nashville is kind of politically in the middle of the road.
Pull the plug, boys & girls.
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