Southwest Airlines asked a federal court to reject its pilots’ injunction request that would temporarily block the carrier’s vaccine mandate. The airline claims that the pilots’ injunction request will compromise the carrier’s business, employees, and passengers.
The Southwest Airlines Pilots Association wants to stop the November 24 vaccination deadline set by the company for its employees. According to the union, Southwest unilaterally changed its work rules and didn’t negotiate with the pilots.
As a federal contractor, Southwest had to abide by the executive order and require all its employees to get fully vaccinated.
The Pilots’ Injunction Request Could Cause Substantial Harm
According to Southwest’s statement, “The injunction that SWAPA seeks is extraordinary”. If granted, the airline won’t be able to meet the Biden administration’s order. Also, the airline pointed out that this could lead to the cancellation of Southwest’s government contracts. In effect, this will cause “substantial harm” to the company and its employees according to the airline.
Violation of the Railway Labor Act
The union’s lawsuit, filed in a federal court in Dallas, claimed that the airline made unilateral changes that violates the Railway Labor Act or RLA.
Aside from the vaccine mandate, the union also wants to block the COVID quarantine rules applied to pilots. According to the union, this changed the work conditions, rules, and the pay received by the pilots. And with the changes, the union claims that it violated the “status quo” provision of the RLA.
Southwest, on the other hand, argues that the federal court doesn’t have jurisdiction over the case. The carrier claims that it’s only a “minor dispute” under the RLA which can be resolved via binding arbitration.
The carrier also pointed out that the union failed to show irreparable harm since the airline and pilots are discussing a process for pilots asking for medical or religious exemptions.
Some pilots are hesitant to get the vaccine because of the periodic medical examinations. For some hesitant pilots, adverse reactions from the vaccine could possibly compromise the medical examinations’ results and jeopardize their jobs. Because of this, the union also wants it as part of the airline’s long-term disability policies.
