Judge Upholds Southwest Airlines’ Vaccination Deadline

Southwest Airlines currently owns the largest fleet of Boeing 737 MAX airframes among U.S. based carriers. During their second-quarter earnings announcement, airline CEO Gary Kelly said they were optimistic to start flying the 737 MAX by the end of 2020.

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.

Challenge Could Affect Other Vaccine Challenges

With SWAPA’s claim denied, the decision could affect other active lawsuits challenging COVID-19 mandates. A group of United Airlines’ employees are suing their airline over the mandate in a case that is costing the Chicago-based carrier nearly $3 million per month.