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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SOUTHWEST AIRLINES PILOTS ASSOCIATION, Plaintiff,
vs.
SOUTHWEST AIRLINES CO., Defendant.
CIVIL ACTION NO. 3:21-cv-2065-M
PLAINTIFF’S OPPOSED MOTION
FOR TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF
PROPOSED RELIEF
Plaintiff SWAPA requests judgment against Defendant Southwest Airlines for the
following temporary and preliminary relief:
A. That the Court grant immediate, preliminary injunctive relief enjoining Defendant
and its agents, employees, representatives, and successors and predecessors in interest from unilaterally imposing new rates of pay, rules, and working conditions as they relate to the Southwest Airline Pilots pending completion of the RLA’s “major” dispute resolution procedures;
B. That the Court grant immediate, preliminary injunctive relief enjoining Defendant and its agents, employees, representatives, and successors and predecessors in interest from using and enforcing the following policies as they relate to the Southwest Airline Pilots pending completion of the RLA’s “major” dispute resolution procedures,:
(1) the Infectious Disease Control Policy,
(2) the Emergency Extended Time Off (“ExTO”) Program,
(3) the COVID quarantine policies,
(4) the Vaccine Participation Pay Program (“VPPP”),
(5) the Flight Crew Training Instructors Program, and
(6) the mandatory COVID vaccine policy.
C. That the Court order Defendant Southwest Airlines as it relates to the Pilots to immediately revert to the status quo ante under the existing collective bargaining agreement pending completion of the RLA’s “major” dispute resolution procedures as to:
(1) the Infectious Disease Control Policy,
(2) the Emergency Extended Time Off (“ExTO”) Program,
(3) the COVID quarantine policies,
(4) the Vaccine Participation Pay Program (“VPPP”),
(5) the Flight Crew Training Instructors Program, and
(6) the mandatory COVID vaccine policy.
D. That the Court order Defendant Southwest Airlines to immediately stop using and/or threatening to use an unbargained-for and unilaterally declared force majeure clause within the parties’ CBA pending completion of the RLA’s “major” dispute resolution procedures.
E. That the Court order Defendant Southwest Airlines to “exert every reasonable effort” to reach an agreement as to the following programs going forward pending completion of the RLA’s “major” dispute resolution procedures:
(1) the Infectious Disease Control Policy,
(2) the Emergency Extended Time Off (“ExTO”) Program,
(3) the COVID quarantine policies,
(4) the Vaccine Participation Pay Program (“VPPP”),
(5) the Flight Crew Training Instructors Program, and
(6) the mandatory COVID vaccine policy.
F. That the Court issue a declaratory judgment that the Defendant’s conduct in taking unilateral actions which impact the pay, rules, and working conditions of its Pilots has been in violation of the RLA and its duty to maintain status quo.
G. That the Court order Defendant to conspicuously post copies of this Court’s order at Defendants’ headquarters and at locations used by Pilots for a period of one-hundred eighty (180) days.
H. That the Court award SWAPA its reasonable costs and attorney’s fees associated with this proceeding.
I. That the Court grant SWAPA such other and further relief as the Court deems equitable and just.
J. That the Court set bond as required by the Norris-La Guardia Act at $1,000.
DATED: October 8, 2021
Southwest Airlines Pilots A... by Michelle Edwards
PLAINTIFF’S ORIGINAL COMPLAINT AND JURY DEMANDREFERENCES:
Southwest Pilots File Lawsuit to Halt COVID Vaccine Mandate
October 12, 202
Southwest Airlines Pilots Association v. Southwest Airlines Co (3:21-cv-02065)
District Court, N.D. Texas
Aug 30, 2021
COMPLAINT WITH JURY DEMAND against Southwest Airlines Co filed by Southwest Airlines Pilots Association (SWAPA). (Filing fee $402; Receipt number 0539-12180218) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Gillespie, Joseph) (Entered: 08/30/2021)
Main Document Complaint
Oct 6, 2021
AMENDED COMPLAINT WITH JURY DEMAND against Southwest Airlines Co filed by Southwest Airlines Pilots Association. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gillespie, Joseph) (Entered: 10/06/2021)
Main Document Amended Complaint
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