Southwest Airlines Pilots Association SWAPA has asked a federal court in Texas for temporary restraining orders to prevent the airline from implementing its COVID -19 vaccine mandate for employees on Thanksgiving 24.
Southwest Airlines, representing approximately 9,000 Southwest Airlines pilots, filed a lawsuit on Aug. 30 claiming that Southwest has made unilateral changes that violate the status quo provision of RLA which governs relations between airlines and unions, by not maintaining terms of an existing contract during negotiations.
In addition to the vaccination requirement, SWAPA is looking at blocking quarantine rules for pilots and an infectious disease control policy, which it argues has significantly altered the working conditions, rules, and rates of pay for Pilots until the two parties can reach a resolution.
The injunction that SWAPA seeks is extraordinary, Southwest said in a legal filing filed Saturday.
The airline argues that an approved injunction would put SWA s business, employees and customers at risk because SWA would be forced to retract policies that implement basic CDC guidance and quarantine protocols. It also says the move would affect its contract with the federal government, its largest single customer, causing substantial harm to Southwest's business and all of its employees, including pilots represented by SWAPA.
The airline noted that the court does not have jurisdiction because the issue constitutes a minor dispute under the RLA that can be resolved through binding arbitration rather than a negotiation process that can take years to resolve. It also emphasized that the union was in talks with SWAPA to establish a process for pilots to request religious exemptions from the mandate.
SWAPA has taken unilateral action when necessary to respond to the circumstances of the pandemic or the EO mandate, but SWAPA is still engaged with SWA in a good faith effort to resolve disputes and adjust its policies in a way that would be acceptable for SWAPA and its members, Southwest said.
A representative for SWAPA declined to comment on Southwest's latest filing when contacted by FOX Business. A hearing on the union s request for temporary restraining order was set for Oct. 22.
The dispute comes after thousands of flights were canceled last week due to poor weather and air traffic control by the airline. In response, Southwest issued a LUV voucher that can be applied to future Southwest travel.
It follows earlier of Southwest's third quarter earnings report on Thursday, which comes before the second quarter earnings report.
In addition to previously raising concerns on the company's COVID - 19 protocols, SWAPA has raised concerns over scheduling issues and a lack of hotels and food availability. The union said in August that it was considering staging multiple picket protests in the fourth quarter if the issues remained unresolved.