By Jonathan Stempel
(Reuters) -Southwest Airways should face a lawsuit accusing the service of illegally intimidating and disciplining pilots who take part in its greater than 9,000-member pilots union, a federal appeals courtroom dominated on Monday.
In a 3-0 resolution, the fifth U.S. Circuit Court docket of Appeals stated the Southwest Airways (NYSE:) Pilots Affiliation sufficiently pleaded that the Dallas-based service had “anti-union animus” to permit the dispute to proceed in federal courtroom.
A decrease courtroom decide had dominated that the dispute was minor and due to this fact belonged in arbitration.
The case stemmed from Southwest’s resolution to strip Timothy Roebling of his tasks and pay as a “examine pilot,” a particular group of about 300 pilots who work intently with administration and prepare different pilots.
Southwest ostensibly cited Roebling’s use of a vulgarity to justify the self-discipline, however the union stated it resulted from his resolution to affix the union’s examine pilot committee.
Writing for the New Orleans-based appeals courtroom panel, Chief Decide Jennifer Walker Elrod agreed with the decrease courtroom decide that the dispute was a minor matter beneath the federal Railway Labor Act.
However she stated accusations that Southwest made examine pilots frightened of retaliation for associating with the union, and that Roebling’s boss threatened to strip him of his {qualifications}, made this case totally different.
These sorts of allegations “sufficiently help the union’s declare that Southwest meant to ‘weaken’ or ‘destroy’ the operational capability of the union,” she wrote.
Southwest stated in an announcement it disagreed with the courtroom’s resolution and vehemently denied the union’s allegations. “We’re evaluating our choices,” it added.
Attorneys for the union didn’t instantly reply to requests for remark.
The appeals courtroom returned the case to U.S. District Decide Barbara Lynn in Dallas federal courtroom, who had dismissed it in September 2023.
The case is Southwest Airways Pilots Affiliation v Southwest Airways Co, fifth U.S. Circuit Court docket of Appeals, No. 23-11065.
