Judge Denies Southwest Pilots’ Request for Vaccine Mandate Injunction

Writing that she was “not convinced by the argument put forth,” a District Court judge in Texas on Tuesday dismissed a request by the Southwest Airlines Pilots Association (SWAPA) for an injunction against the carrier’s mandatory employee COVID-19 vaccination.

Southwest, and virtually every other domestic carrier except Delta Air Lines, has mandated the vaccine to comply with the White House order that all businesses who have contracts with the federal government have their employees vaccinated.

Chief District Judge Barbara MG Lynn dismissed the case for lack of subject matter jurisdiction, according to a report by Newsweek.

“As to the COVID Vaccine Policy, the Court similarly concludes that Southwest’s action in promulgating the policy is arguably justified by the [collective bargaining agreement’s] goal for ensuring ‘the safety of air transportation, the efficiency of operation,’ and ‘safe and reasonable working conditions,'” she wrote in her 26-page ruling.

In one of the first, if not the first, lawsuits to emerge from the vaccination mandate, SWAPA filed suit in federal court in late August against Southwest, claiming the Dallas-based carrier violated federal labor law.

The complaint claimed that Southwest implemented an “emergency time off” program, altered schedules, and scaled back prescription drug and retirement benefits without first bargaining with the union, as is stipulated in its contract with the carrier.

Ironically, the suit might end up being for naught anyway. During last week’s third-quarter earnings conference call, Southwest CEO Gary Kelly – while still encouraging employees to get the vaccine – changed his mind and said the company would not fire anyone who declined to be vaccinated and would work with the government to find an equitable solution.