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 court docket dominated on Monday.
In a 3-0 resolution, the fifth U.S. Circuit Courtroom of Appeals mentioned 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 court docket.
A decrease court docket decide had dominated that the dispute was minor and subsequently 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 carefully with administration and practice different pilots.
Southwest ostensibly cited Roebling’s use of a vulgarity to justify the self-discipline, however the union mentioned it resulted from his resolution to affix the union’s examine pilot committee.
Writing for the New Orleans-based appeals court docket panel, Chief Choose Jennifer Walker Elrod agreed with the decrease court docket decide that the dispute was a minor matter beneath the federal Railway Labor Act.
However she mentioned accusations that Southwest made examine pilots terrified of retaliation for associating with the union, and that Roebling’s boss threatened to strip him of his {qualifications}, made this case completely different.
These sorts of allegations “sufficiently assist the union’s declare that Southwest supposed to ‘weaken’ or ‘destroy’ the operational capability of the union,” she wrote.
Southwest mentioned in a press release it disagreed with the court docket’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 court docket returned the case to U.S. District Choose Barbara Lynn in Dallas federal court docket, who had dismissed it in September 2023.
The case is Southwest Airways Pilots Affiliation v Southwest Airways Co, fifth U.S. Circuit Courtroom of Appeals, No. 23-11065.
