patrick.net

https://storage.courtlistener.com/recap/gov.uscourts.txnd.352616/gov.uscourts.txnd.352616.11.0.pdf

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SOUTHWEST AIRLINES PILOTS §
ASSOCIATION, §
§
Plaintiff, §
§
vs. § CIVIL ACTION NO. 3:21-cv-2065-M
§
§
SOUTHWEST AIRLINES CO., §
§
Defendant. §
§
PLAINTIFF’S OPPOSED MOTION
FOR TEMPORARY AND PRELIMINARY INJUNCTIVE RELIEF
TO THE HONORABLE JUDGE OF SAID COURT:
Pursuant to Fed. R. Civ. P. 65, Plaintiff Southwest Airlines Pilots Association (hereinafter
“SWAPA” or “Plaintiff”), by and through its President Casey Murray, and by and through its
attorneys, Gillespie Sanford LLP, hereby move the Court for a temporary restraining order and for
further preliminary injunctive relief against Defendant Southwest Airlines Co. (“Southwest
Airlines” or “Defendant”). The injunctive relief sought will restrain the Defendant from
interfering with the federal Railway Labor Act-protected rights of its pilot employees represented
by SWAPA.
Despite SWAPA filing its Original Complaint in this matter on August 30, 2021 and
complaining of Southwest Airlines’ violations of the Railway Labor Act (“RLA”), Southwest
Airlines has repeatedly continued to take the position that its unilateral actions which violate the
status quo are within Defendant’s “management rights.”
Case 3:21-cv-02065-M Document 11 Filed 10/08/21 Page 1 of 8 PageID 70
PLAINTIFF’S OPPOSED MOTION FOR TEMPORARY AND PRELIMINARY INJUNCTION PAGE 2
Several times since August 30, 2021, Southwest Airlines has taken new unilateral actions
which violate the status quo between the parties in further violation of the Railway Labor Act.
Most recently, on October 4, 2021, Southwest Airlines unilaterally rolled out a new and nonnegotiated
COVID vaccine mandate for all employees, including SWAPA pilots. The new vaccine
mandate unlawfully imposes new conditions of employment and the new policy threatens
termination of any pilot not fully vaccinated by December 8, 2021. Southwest Airlines’ additional
new and unilateral modification of the parties’ collective bargaining agreement is in clear violation
of the RLA. Because of Southwest Airlines’ continued unilateral actions, and its continued
violations of the RLA which harm SWAPA and its members, this motion is necessary and SWAPA
respectfully seeks an immediate hearing.
Counsel for SWAPA has conferred with counsel for Southwest Airlines in a good-faith
attempt to resolve this dispute by agreement. No agreement could be reached because Southwest
Airlines refuses to negotiate and denies its unilateral actions are interfering with the federal
Railway Labor Act-protected rights.

https://boriquagato.substack.com/p/in-support-of-southwest-employees

in support of southwest employees
the right to say "no" is the basis of a free people ...




... if this is terrorism, then so is every failure to accede to federal or employer diktat.
personally, i stand with the employees of southwest.

i hope the employees of american airlines join them.

i hope ALL employees do.

“Remember this. The people you're trying to step on, we're everyone you depend on. We're the people who do your laundry and cook your food and serve your dinner. We make your bed. We guard you while you're asleep. We drive the ambulances. We direct your call. We are cooks and taxi drivers and we know everything about you. We process your insurance claims and credit card charges. We control every part of your life.

We are the middle children of history, raised by television to believe that someday we'll be millionaires and movie stars and rock stars, but we won't. And we're just learning this fact. So don't fuck with us.”

I just realized my friend 69 years of age, no health problems, no comorbidities, unexpectedly died in his sleep in May, may have received the vaccine soon before his passing. I spoke at his funeral.

The widow, also a friend, and his two adult kids, have been too much in shock and too grievous, to broach the topic. Even now she is still too much immobilized by the shock and grief.

The guy had no obvious health problems. He was a serious hiker in the Bay Area hillside trails. He'd think nothing of doing a 20-mile hike. The hike up to Mission Peak was like a walk in the park for him.

There's been no talk of an autopsy. I don't want to bring it up.

B.A.C.A.H. says

I just realized my friend 69 years of age, no health problems, no comorbidities, unexpectedly died in his sleep in May, may have received the vaccine soon before his passing. I spoke at his funeral.

The widow, also a friend, and his two adult kids, have been too much in shock and too grievous, to broach the topic. Even now she is still too much immobilized by the shock and grief.

The guy had no obvious health problems. He was a serious hiker in the Bay Area hillside trails. He'd think nothing of doing a 20-mile hike. The hike up to Mission Peak was like a walk in the park for him.

There's been no talk of an autopsy. I don't want to bring it up.

Even 70 year olds - when healthy- do not just drop dead unless there is a convincing freak cause that can be proven easily in such a case. Likely the jab if otherwise healthy. Sorry to hear

This massive increase in "rare" deaths does not seem to be slowing down in the least:



https://patrick.net/post/1340091/2021-07-13-vax-death-spike?offset=120#comment-1786486

Texas Governor just banned vaccine mandates by ANY entity!

Patrick says

This massive increase in "rare" deaths does not seem to be slowing down in the least:

Hi Patrick, can you please cite the source? I may want to share that elsewhere.

Added link: https://patrick.net/post/1340091/2021-07-13-vax-death-spike?offset=120#comment-1786486

Source is CDC data, plotted by our very own @Onvacation

Patrick says

Source is CDC data, plotted by our very own @Onvacation

Thank you

https://babylonbee.com/news/southwest-airlines-offering-free-flights-to-all-passengers-who-are-vaccinated-and-can-fly-a-plane

https://www.australiannationalreview.com/health/pilots-and-air-traffic-controllers-walk-out-because-of-vaxx-mandates-southwest-airlines-officially-still-blaming-the-weather/

Pilots and Air Traffic Controllers Walk Out Because of Vaxx Mandates, Southwest Airlines Officially Still Blaming the “Weather”

https://beckernews.com/we-are-not-going-to-fire-any-employees-over-this-southwest-ceo-comes-out-in-opposition-to-biden-vaccine-mandate-42505/

“We are Not Going to Fire Any Employees Over This”: Southwest CEO Comes Out in Opposition to Biden Vaccine Mandate
October 12, 2021by Kyle Becker

https://notthebee.com/article/southwest-pilots-might-be-striking-against-vax-mandates

Southwest really doesn't want you to know that their pilots might be striking in droves against the vax mandate

Patrick says

https://beckernews.com/we-are-not-going-to-fire-any-employees-over-this-southwest-ceo-comes-out-in-opposition-to-biden-vaccine-mandate-42505/

“We are Not Going to Fire Any Employees Over This”: Southwest CEO Comes Out in Opposition to Biden Vaccine Mandate
October 12, 2021by Kyle Becker

No, they won't be fired, they'll just be put on unpaid leave.

WineHorror1 says

No, they won't be fired, they'll just be put on unpaid leave.

I dunno. There is a pilot shortage right now and "unpaid leave" pilots would be near impossible to replace.

HeadSet says

WineHorror1 says

No, they won't be fired, they'll just be put on unpaid leave.

I dunno. There is a pilot shortage right now and "unpaid leave" pilots would be near impossible to replace.

I have to ask if the government and the big Corporations don't, in fact, care much if the economy goes to shit.
Does anyone think any "important" person is going to go hungry or lose any sleep over their comfort or safety?

HeadSet says

I dunno. There is a pilot shortage right now and "unpaid leave" pilots would be near impossible to replace.

Why would they care? Their reward for following the narrative will be a massive bailout for management and shareholders...win win

komputodo says

HeadSet says

I dunno. There is a pilot shortage right now and "unpaid leave" pilots would be near impossible to replace.

Why would they care? Their reward for following the narrative will be a massive bailout for management and shareholders...win win

Good point.

https://newstarget.com/2021-10-13-sickout-protest-amtrak-canceling-trains-covid-vaccination.html

https://alexberenson.substack.com/p/the-not-so-friendly-skies/comments

The not-so-friendly skies
Alex Berenson 7 hr ago
Get ready for turbulence ahead.

Yesterday American Airlines had almost 300 of its flights canceled, almost 10 percent of its total schedule, far more than ANY other carrier in the United States (Southwest remains second), and another 673 delayed. It is no doubt purely coincidental that I have heard from multiple pilots at American this week and that its pilot forums are filled with anger at the vaccine mandate.

It is also no doubt a coincidence that Delta - which has had far fewer problems than the other big carriers - has been the only one NOT to impose a vaccine mandate.

Meanwhile, though they still insist last weekend’s meltdown had nothing - NOTHING, I TELL YOU - to do with their vaccine mandate, Southwest’s executives have dramatically changed their rhetoric about said mandate. ...

I leave you with this email from yesterday:

I‘m a paid subscriber and thankful to be so. I’m also a pilot and fly international routes. On our trip back today from Europe to one of the airports in Texas we heard quite a bit of chatter on the 121.5 emergency frequency we always monitor. We figured out that it was people saying “Let’s go Brandon” and in some cases something worse

😀
And we heard this most of the way after crossing the Canadian border. In my 20+ year the frequency has always remained silent. Not today.

Patrick says

we heard quite a bit of chatter on the 121.5

121.5 is the civilian "Guard" channel that all aircraft are required to listen to at all times while flying. Rarely used. Stuff like a control tower calling a plane that is not on the correct frequency like "82 X-Ray, Houston on Guard, please contact tower on 122.6." Of course, everyone hears that and knows you goofed.

https://www.ntd.com/southwest-airlines-asks-court-to-reject-effort-to-block-covid-19-vaccine-mandate_689922.html?utm_source=patrick.net&utm_medium=patrick.net&utm_campaign=patrick.net

Earlier this month, the Southwest Airlines Pilots Association (SWAPA) filed a lawsuit to prevent the carrier from mandating that all its workers get vaccinated. The union asserts that Southwest, which last week experienced thousands of flight cancelations and delays, illegally changed work rules instead of negotiating with them.

But now Southwest is fighting its own pilots' union.

https://www.theepochtimes.com/mkt_breakingnews/hundreds-of-southwest-workers-protest-covid-19-vaccination-mandates-at-airlines-headquarters_4054830.html?utm_source=patrick.net&utm_medium=patrick.net&utm_campaign=patrick.net

Hundreds of Southwest Workers Protest COVID-19 Vaccination Mandates at Airline’s Headquarters
BY JACK PHILLIPS October 18, 2021

Hundreds of Southwest Airlines employees protested outside the carrier’s headquarters in Dallas against the pending COVID-19 vaccine mandate, according to footage posted online.

https://www.theepochtimes.com/mkt_breakingnews/southwest-airlines-backs-off-plan-to-put-unvaccinated-employees-on-unpaid-leave_4057068.html?utm_source=patrick.net&utm_medium=patrick.net&utm_campaign=patrick.net

Southwest Airlines Backs Off Plan to Put Unvaccinated Employees on Unpaid Leave
BY JACK PHILLIPS October 19, 2021

Southwest Airlines told its employees that it will delay a plan to place workers who are not vaccinated against COVID-19 on unpaid leave if they haven’t yet obtained a medical or religious exemption.

https://www.thegatewaypundit.com/2021/10/southwest-caves-scraps-plan-put-unvaccinated-workers-paid-leave-pilots-protest-covid-vax-mandate/

Patrick says

https://www.thegatewaypundit.com/2021/10/southwest-caves-scraps-plan-put-unvaccinated-workers-paid-leave-pilots-protest-covid-vax-mandate/

Not a real victory:
Southwest Airlines has scrapped a plan to put unvaccinated employees who have applied for but haven’t received a religious or medical exemption on unpaid leave starting by a federal deadline in December.

This only helps those who applied for a religious or medical exemption, and then only if the exemption is later approved.

It's a step in the right direction. The bigger story is Delta deciding not to mandate at all. The tide is turning.

HeadSet says

This only helps those who applied for a religious or medical exemption, and then only if the exemption is later approved.

It is offensive that they could even "investigate" your religious beliefs and maybe deny your exemption.

Patrick says

It is offensive that they could even "investigate" your religious beliefs and maybe deny your exemption.

This is why I made my exemption about my "religion of one", and unrelated to organized religion at all. Then you don't need anyone to vouch for your beliefs and it's all within your control.

I know this won't help in the context of a bureaucracy, but claiming religious exemption might bother me more as an atheist than it would if I was genuinely religious.

My position is that I don't want to take the Covid vaccine... for RATIONAL and OBJECTIVE reasons. That's how I would sell it to authority figures and co-workers. Being self-employed, I personally lack these audiences.

porkchopexpress says

This is why I made my exemption about my "religion of one", and unrelated to organized religion at all.

I agree with that.

You own personal beliefs are your personal religion. No one needs any "authority" to validate their beliefs.

Automan Empire says

My position is that I don't want to take the Covid vaccine... for RATIONAL and OBJECTIVE reasons.

But people with the power to fire you don't care about your rational and objective reasons.

My wife just got her religious exemption approved. She identified as a Christian, but not any sort of sect or denomination. She just stated her beliefs and her reasons for them keeping it very much in the realm of personal beliefs and leaving science, fears, and politics completely out of it. And she was approved, which is good because she would have let her six figure job go rather than get jabbed.

Patrick says

You own personal beliefs are your personal religion. No one needs any "authority" to validate their beliefs.

We allow people to avoid armed service because of convictions, religious or otherwise. Why wouldn't we do the same for the vaccinated?

Shaman says

She just stated her beliefs (snip) And she was approved,

That's great news, glad it worked out for her and you.

There are lots of tradeoffs to being your own boss, but not having to follow Covid mandates has been one of the few benefits I've really been able to enjoy out of it lately.