Southwest Airlines pilots’ union filed a lawsuit against the airline for an alleged federal labor law violation. The Southwest Airlines Pilot Association questions the unilateral changes made by the company during the pandemic. According to the union, the “emergency time off” program is a violation of federal labor law.
As a result of the program, it altered schedules and affected prescription drug and retirement benefits of pilots. According to the Southwest pilots’ union, instead of claiming force majeure rights, the airline should’ve collectively bargained with them.
Bound by the Collective Bargaining Agreement
The union claims that Southwest should’ve followed the terms of the collective bargaining agreement that lapsed in August 2020. Also, the union believes that the collective bargaining agreement is still in effect until there’s a new one. In addition to this, the union stated that there is no force majeure clause in the collective bargaining agreement.
The union wants the court to issue an injunction requiring Southwest to stick to the provisions of the collective bargaining agreement. In an email sent to union members, the union calls the lawsuit as the “only recourse” to compel the company to follow the collective bargaining agreement.
No Negotiations Needed with the Pilots Union?
Southwest vice president of labor relations Russell McCrady said that the airline disagrees with the lawsuit. He also said that there is no need to negotiate the implementation of COVID-related changes. In a statement, “Southwest remains committed to pilots’ health and welfare and to working with SWAPA, and our other union partners, as we continue navigating the challenges presented by the ongoing pandemic”.
Mounting Tension
There is already friction between Southwest and their employees including their pilots and flight attendants. As a result of their pilots’ grievances, the pilots’ union already warned that they are ready to picket by winter if their concerns are not addressed. This prompted Southwest officials to cut back on their flight schedule.
The airline announced having 27 flights per day from September 7 to October 6. On the other hand, it is going to have 162 flights daily from October 7 to November 5. CEO Gary Kelly said that the adjustments will “create a more reliable travel experience”.



