Arbitration Rulings
Med Arb - FLOW for Delay (Fuel Ticket)
Case: DAL-O-4389-2024
Summary:
The arbitration between Southwest Airlines (SWA) and Transport Workers Union Local 555 (TWU) involved a grievance over a Final Letter of Warning issued to an Ops Agent for incorrectly filling out a fuel ticket, leading to a minor delay. SWA argued the agent had a history of performance issues, while TWU claimed the error was minor and unfairly punished. The arbitrator found the mistake significant but credited the agent for self-reporting, deciding a Letter of Warning was appropriate instead of a Final Letter of Warning.
Termination - Altercation
Case: SNA-R-3102-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 involved the termination of an employee, Grievant, for violating the company's Workplace Violence Prevention Policy. The union argued that the investigation was not thorough and that the incident was a misunderstanding between friends. Southwest Airlines maintained that the employee's actions were aggressive and violated company policies, justifying termination. The arbitrator found that the company had just cause for termination, as the evidence showed serious misconduct, and denied the grievance.
Overtime Bypass/SLA7
Case: DEN-R-1501-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 involved a grievance filed by the Union on behalf of an employee, The Grievant, who was bypassed for an overtime shift after reaching a 32-hour threshold of voluntary overtime. The Union argued that The Grievant should be compensated at a double-time rate for the bypassed hours, as per the Side Letter Agreement No. 7 (SLA7). The Company contended that double-time pay was not applicable since the hours were not "actually worked." The arbitrator ruled in favor of the Union, deciding that The Grievant should be paid double-time for the bypassed hours, as SLA7 intended to encourage voluntary overtime and did not exclude bypasses from its provisions.
Termination - Attendance
Case: BWI-R-1374-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 involved the termination of an employee, The Grievant, for not calling in for three consecutive days. The Union argued that the termination lacked just cause, citing The Grievant's mental health issues and the Company's failure to offer support. The Company maintained that the termination was in line with their Administrative Discharge policy. The arbitrator ruled in favor of the Company, stating that the termination was justified under the contract terms, as The Grievant did not provide medical documentation to explain his absences.
Termination - Altercation
Case: HOU-R-2597-2024
Summary:
The arbitration between Southwest Airlines and TWU Local 555 involved the termination of a Ramp Agent, Grievant, for allegedly violating the Workplace Violence Prevention Policy by making a threatening remark. The Union argued that the termination was unjust, citing inconsistencies in witness testimonies and Grievant's clean work record. The Company maintained that the termination was justified based on the evidence of the threat. The arbitrator found the evidence insufficient to prove the threat, leading to the reinstatement of Grievant with back pay and benefits.
Timeframes - Covered Work
Case: LAX-O-2722-2022
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on a grievance filed by the Union, alleging that a Ramp Supervisor performed work typically reserved for Ramp Agents, violating their collective bargaining agreement. The Union argued the grievance was timely, as it was filed the day after the incident. Southwest contended the grievance was untimely, citing a long-standing practice of supervisors being trained by Ramp Agents, which the Union should have known about. The arbitrator ruled in favor of Southwest, determining the grievance was untimely.
Covered Work - 800 Series Aircraft
Case: BOS-R-1639-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on whether a Ramp Supervisor violated the collective bargaining agreement by assisting a Ramp Agent in unloading a 737-800 aircraft. The Union argued that the Supervisor's actions breached Article 2, which limits supervisors from performing covered work. The Company contended that Article 24 allowed such assistance under specific conditions. The arbitrator ruled in favor of the Company, stating that the Supervisor's actions did not violate the agreement, as Article 24 permitted the assistance within the specified limits.
Aircraft Cleaning
Case: TWU-ALL-1009-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on whether a grievance was filed in a timely manner under their collective bargaining agreement. The Union argued that the grievance was timely as it was filed within ten days of the agreement's ratification. Conversely, the Employer contended that the grievance should have been filed when the Union first became aware of the practice in question, many years prior. The arbitrator concluded that the grievance was not filed within the required timeframe and dismissed it as inarbitrable, emphasizing that the occurrence of the circumstances was when the Employer assigned work outside the bargaining unit, not the ratification of the agreement.
Time Frames - Covered Work
Case: PHX-R-1448-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on a grievance regarding Ramp Supervisors collecting and charging ground support equipment, which the Union claimed violated the collective bargaining agreement. The Company called time frames. The Union argued that the supervisors' actions exceeded the established practice and breached the newly renegotiated Article Two. Southwest contended that the practice had been long-standing and the grievance was untimely. The arbitrator decided that the grievance was timely, as it was filed within the contractual time frame after the Union became aware of the issue.
Time Frames - SLA 4
Case: ONT-O-1143-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on a grievance regarding the timeliness of filing related to the entry of flight arrival and departure times by Operations Agents. The Union argued that the grievance was timely and that the company violated Side Letter of Agreement 4 by not allowing agents to enter these times. Southwest contended that the grievance was time-barred, as the practice of not requiring agents to enter times had been in place for 18 years. The arbitrator ruled in favor of Southwest, determining that the grievance was untimely based on the long-standing practice.
Termination/TIme Frames - Fact Finding Meeting
Case: SJC-O-1638-2024
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on the grievance filed by the Union on behalf of an employee, Grievant, who was terminated for attendance issues. The Union argued that the company failed to provide a proper Fact-Finding Hearing before termination, as required by their collective bargaining agreement. Southwest Airlines contended that they scheduled the hearing, but Grievant and her Union representative did not attend. The arbitrator found that the company's one-person meeting did not fulfill the contractual obligation for a Fact-Finding Hearing, and thus, the termination was unjust. The arbitrator ordered the reinstatement of Grievant with full back pay and benefits.
Termination - accident w/ damage
Case: SAN-R-3416-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 involved the termination of an employee, Grievant, for failing to immediately report an accident, violating the company's Basic Principles of Conduct (BPOC #16). The union argued that the company inconsistently applied this rule, while Southwest maintained that the termination was justified due to the employee's short tenure and prior disciplinary record. The arbitrator upheld the termination, citing the employee's failure to report the accident promptly and her history of disciplinary issues as just cause for discharge.
Merits - Uniform Allotment
Case: MCI-O-0364-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on the issue of uniform allotment. The grievance was filed by the union, claiming that the company violated the contract by deactivating an employee's uniform allotment upon transferring job classifications. The union argued that the allotment should remain with the employee until termination of employment. Southwest Airlines contended that the practice of deactivating the allotment upon transfer was consistent with the contract and past practice. The arbitrator ruled in favor of Southwest Airlines, finding that the company did not violate the contract.
Time Frames - Fact Finding Meeting
Case: SLC-O-2948-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 involved a grievance filed by the Union on behalf of an employee, The Grievant, who was terminated following allegations of misconduct. The Union argued that the company violated the collective bargaining agreement by not holding a factfinding meeting within the required timeframe and misapplied an exception related to internal investigations. The company contended that the nature of the allegations justified an extended investigation period. The arbitrator found that the company did not adhere to the agreed timeframes and ordered the reinstatement of The Grievant with back pay, as the company failed to conduct the factfinding meeting within the stipulated period.
Termination - Attendance
Case: PHX-R-3010-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on the termination of a ramp agent, The Grievant, due to accumulated attendance points. The union argued that the company misapplied Work Rule Interpretation 10, which should have allowed The Grievant to retain a non-chargeable occurrence (NCO) for a day she left early, rather than converting it to a sick day. The company maintained that their interpretation was correct, leading to The Grievant's termination. The arbitrator found the company's application of the rule consistent with the contract and dismissed the grievance, upholding the termination.
Termination - Altercation
Case: DAL-O-2806-2023
Summary:
The arbitration between Southwest Airlines and TWU Local 555 involved the termination of an Operations Agent for making a derogatory racial comment. The Union argued that the termination was excessive given Grievant's 15 years of service and clean record, while the Company maintained that the comment violated their nondiscrimination policies. The arbitrator found the termination to be arbitrary and reduced the penalty to a 30-day unpaid suspension, ordering Grievant to be reinstated with seniority and back pay, minus the suspension period.
Mechanics' Use of Tugs
Case: MCO-R-1841-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 revolved around a grievance concerning the use of mechanics for pushback operations, which the union claimed should be exclusively performed by Ramp Agents. The union argued that the contract specified this as their work, while the company maintained that pushbacks for maintenance moves were shared duties between mechanics and Ramp Agents. The arbitrator ruled in favor of Southwest Airlines, stating that the union failed to prove the exclusivity of the task, and thus, the grievance was denied.
Time Frames - Uniform Allotment
Case: MCI-O-0364-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on the issue of whether a grievance was filed in a timely manner. The grievance arose when an employee's uniform account balance was deactivated upon transferring job classifications. The union argued the grievance was timely, while the company claimed it was not, citing past knowledge of the practice. The arbitrator ruled in favor of the union, stating the grievance was filed within the appropriate timeframe and was therefore arbitrable.
Termination - Harassment
Case: HOU-O-0937-2023
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on the grievance regarding the termination of an employee. The union argued that Southwest failed to meet the contractual time frames for notifying the employee of a fact-finding conference, asserting that the investigation closed on March 24, 2023, and the notice was issued 12 days later. Southwest contended that the investigation closed on April 6, 2023, the same day the notice was issued. The arbitrator found that the investigation did not close until April 5 or 6, 2023, and thus, Southwest complied with the contractual time frames. The grievance was denied.
Improper MOT (time frames)
Case: BUF-R-2111-2022
Summary:
The arbitration between Southwest Airlines and Transport Workers Union Local 555 centered on whether a grievance was filed in a timely manner. The union argued that the grievance, concerning improper mandatory overtime assignment, was filed within the contractual timeline. Southwest contended the grievance was untimely, as the union did not file a group grievance when the work rule was issued. The arbitrator decided in favor of the union, ruling the grievance was timely, as Southwest failed to assert the untimeliness defense during the grievance process.