Flight Attendant Receives Nearly $1,000,000 Following Ruling Against Airline and Union
Jury ruled TWU union and Southwest Airlines violated federal law in firing Charlene Carter; Fifth Circuit upheld ruling
Dallas, TX (April 28, 2026) – Following a victory at the Fifth Circuit Court of Appeals, Southwest Airlines flight attendant Charlene Carter has now received almost $1,000,000 in damages in her federal case against both Southwest and the Transport Workers Union (TWU). Her case charged both the union and airline with violating her rights by terminating her for expressing her personal and religious beliefs in opposition to TWU political activism. Carter has received free legal aid from National Right to Work Foundation staff attorneys in her nearly decade-long case.
Carter’s case began in 2017 when she sued both the union and airline in the Northern District Court of Texas for firing her in violation of both the federal Railway Labor Act (RLA) and Title VII of the Civil Rights Act. Through private communications, Carter had criticized the TWU Local 556 president for using union dues to send flight attendants to the 2017 “Women’s March” and also panned the union’s support for a host of divisive political positions. Title VII protects against religious discrimination in the workplace, while the RLA guards the right of workers in the air or rail industries to criticize union leadership.
Five years later, a jury found in Carter’s favor, awarding her a $5 million verdict. The District Court ordered Southwest (NYSE: LUV) and the union to give Carter the maximum amount of compensatory and punitive damages permitted under federal law, in addition to other forms of relief. The District Court also ordered that Carter be reinstated as a flight attendant at Southwest. On appeal, the Fifth Circuit affirmed the District Court’s finding that both Southwest and the union had discriminated against Carter based on her religious practice.
Now, a Satisfaction of Judgment filed with the District Court indicates that Carter was paid damages totaling $946,102.87 as her nine-year litigation comes to a close.
Southwest Attorneys May Still Be Held in Contempt
“Being a flight attendant is my livelihood and my passion, and union officials tried to manipulate company policy to upend my career simply because I spoke out about my most sincerely held beliefs,” commented Carter. “This case has been a long, hard fight, but I’ll never stop sticking up for what I know is right, and I hope that both my employer and TWU union bosses have learned that it doesn’t pay to stifle flight attendants’ freedom of religion and speech.”
The case continues at the District Court, however, with the court asking for briefs on whether a contempt order against Southwest is necessary and, if so, what form a contempt order should take. Contempt arose as an issue in Carter’s case after Southwest attorneys issued notices to flight attendants incorrectly informing them of the District Court’s holding that the company had discriminated against Carter on the basis of religion.
“Ms. Carter was courageous in standing up to protect her religious and personal beliefs from the schemes of radical union officials and a compliant employer. While she is finally receiving compensation for her struggle, no one should forget that federal law still forces workers to accept union ‘representation’ they oppose and, adding insult to injury, forces workers to pay unwanted unions,” commented National Right to Work Foundation President Mark Mix. “It is outrageous that, even though the court confirmed that the TWU union and Southwest violated Carter’s legal rights, Carter to this day is still forced to subsidize TWU union bosses or else be fired by Southwest. We hope Carter’s case will prompt a long-overdue conversation about how coercive union boss power infringes on the rights of millions of hardworking Americans.”
Find out more about Carter’s case here.
Penske Leasing Workers Free Themselves from Teamsters’ ‘Representation’
Dallas area workers increasingly demanding individual freedom from unions
Dallas, TX (December 22, 2025) – Employees of Penske Truck Leasing’s facility in the Redbird neighborhood of Dallas have freed themselves from the control of Teamsters Local 745 union officials. A majority of workers, with assistance from National Right to Work Foundation staff attorneys, filed a petition requesting decertification of the local union with the National Labor Relations Board (NLRB) on November 14, 2025.
The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. By law, the NLRB should administer a decertification election if employees submit a petition in which at least 30% of workers demand such an election (this petition far exceeded that threshold).
The decertification election was scheduled for December 18, but on the day of the election, union officials formally disclaimed interest in continuing as the workers’ “representative,” removing the need for an election. Teamsters bosses presumably knew they would have lost the vote overwhelmingly, and preemptively conceded defeat.
Texas Employees Free from Union’s Twin Coercive Powers
Texas is a Right to Work state, meaning that Teamsters union officials cannot enforce union contracts that require workers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can have workers fired solely for refusing to financially support union officials’ activities.
However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, unless the union is decertified. The workers at Penske’s Redbird facility are now free of both of these powers granted to union bosses by the government.
“I support decertifying the Teamsters union because the union isn’t benefiting us the way it should,” commented Penske employee Epifanio Hernandez in early December, shortly after his petition for decertification was filed. “The union rules aren’t beneficial to everyone, and instead of helping us progress, they end up holding many of us back. We deserve the freedom to exercise our own rights, speak for ourselves, and make decisions that reflect what we actually want — not what the union decides for us.”
Teamsters Union Continues Streak of Decertification
In just the last year, Foundation staff attorneys have helped several groups of employees free themselves from unwanted union “representation” by the Teamsters. These include two other cases in Dallas, where both delivery drivers for Restaurant Technologies, Inc. and employees at FCC Environmental Services recently booted Teamsters Local 745 bosses from their workplaces, the same union as in this case.
Foundation staff attorneys have also noticed a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases. Recent NLRB statistics also suggest no union faces more decertification petitions than the Teamsters.
“More and more, American workers across the country are deciding they are better off without Teamsters union bosses who prioritize their own interests over that of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “We’re proud to support the growing number of workers engaged in the transportation and trucking industries who are demanding freedom from coercive unionism.”
Majority of Dallas Penske Leasing Workers Request Vote to Remove Teamsters Local 745
In last year, several groups of Penske employees across the country have sought to escape coercive union control
Dallas, TX (December 2, 2025) – A majority of employees at Penske Truck Leasing’s facility in the Redbird neighborhood of Dallas are demanding a vote to remove Teamsters Local 745 union officials from power at their workplace. Penske employee Epifanio Hernandez submitted a union “decertification petition” backed by his colleagues to the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Legal Defense Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing federal labor law, a task that includes administering votes to install (or “certify”) and remove (or “decertify”) unions in workplaces. By law, the NLRB should administer a decertification election if an employee submits a petition in which at least 30% of his coworkers demand such an election. Hernandez’s decertification petition contained signatures from a majority of his coworkers, well exceeding that threshold.
Texas is a Right to Work state, meaning that Teamsters union officials cannot enforce union contracts that force Hernandez and his coworkers to pay union dues or fees to keep their jobs. In non-Right to Work states, union bosses can get workers fired for refusing to financially support union activities. However, in both Right to Work and non-Right to Work states, union officials can wield exclusive “representation” power over every employee in a workplace, unless the union is decertified.
“I support decertifying the Teamsters union because the union isn’t benefiting us the way it should,” commented Hernandez. “The union rules aren’t beneficial to everyone, and instead of helping us progress, they end up holding many of us back. We deserve the freedom to exercise our own rights, speak for ourselves, and make decisions that reflect what we actually want — not what the union decides for us.”
Texas Penske Workers Join Wider Opposition to Teamsters Officials & Other Union Bosses
In just the last year, Foundation staff attorneys have helped several groups of Penske employees around the country break free from unwanted union control. These have included Penske workers in Minneapolis and Nashville, who last year overwhelmingly voted to oust International Association of Machinists (IAM) union bosses. In December 2024, Philadelphia-area Penske Logistics workers also voted to remove Teamsters Local 500 union officials.
Teamsters union officials’ workplace actions and political activity have also come under increased worker scrutiny recently. During the 2024 election cycle, the union’s upper echelon chose not to endorse Donald Trump because he would not commit to eliminating Right to Work and granting forced-dues power to union bosses nationwide. Teamsters top officials’ prioritizing of their forced-dues powers comes despite polls showing nearly 80% of American union members support Right to Work and voluntary union dues.
Foundation staff attorneys have also noticed a marked rise in requests from workers seeking legal assistance in Teamsters decertification cases. Recent NLRB statistics also suggest no union faces more decertification petitions than the Teamsters.
“It seems that hardly a week goes by without Teamsters union officials showing how out-of-touch they are with the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “We’re proud to support the growing number of workers engaged in the transportation and trucking industries who are standing up for their interests in the workplace.”
Texas Workers at Multiple Workplaces Latest to Successfully Free Themselves from Unwanted Teamsters Union ‘Representation’
Dallas-based workers at two companies petitioned the NLRB for decertification elections to remove Teamsters Local 745 bosses
Dallas, TX (October 3, 2025) – Two successful union decertification efforts have freed workers from the control of International Brotherhood of Teamsters Local 745 Union bosses in Dallas, Texas. Both Dallas-based delivery drivers for Restaurant Technologies, Inc. and employees at FCC Environmental Services in Dallas filed decertification petitions at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.
The NLRB is the federal agency responsible for enforcing the National Labor Relations Act (NLRA) and adjudicating disputes between employers, unions, and individual employees. When employees are dissatisfied with union officials and want to remove the union from their workplace, they may file a “decertification” petition with the NLRB.
Union bosses often try to block elections with charges of unfair labor practices, and vigorously campaign to keep workers under their control. In both of these cases, workers ultimately were able to remove the union.
Teamsters Local 745 Can’t Win Decertification Efforts
Local Teamsters officers tried to block a decertification election at FCC Environmental Services last year, filing numerous charges of unfair labor practices, but despite these stalling attempts, the employees were successful in their effort to remove the union. The union ultimately withdrew all of their objections but one, which the NLRB Regional Director dismissed as it had no bearing on the election itself in which a majority opposed union affiliation.
Meanwhile, Local 745 officials couldn’t even put up a fight against delivery drivers for Restaurant Technologies, Inc. After workers filed a decertification petition at the NLRB in April, a decertification election was set for September. Only three days before the election was scheduled to take place, union officials themselves decided not to contest it, and instead disclaimed any further interest in representing the employees, who are now free from their control.
Workers Fleeing Teamsters Union Nationwide
These successful decertification efforts are part of a larger trend across the country. For four years, the Foundation has seen increasing demand for assistance from groups of workers seeking votes to remove unions. This trend has disproportionately affected the Teamsters Union, as NLRB statistics for the past 12 months show that one of every five decertification cases involved the Teamsters union.
“More and more, American workers across the country are deciding they are better off without Teamsters union bosses who prioritize their own interests over that of the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “These successful decertification efforts demonstrate what happens when courageous and independent-minded workers assert their rights.”
“Union bosses often do not speak for the workers under their so-called ‘representation,’ and statistics show that over 90% of employees have never had a chance to vote on the union that purports to represent them,” Mix added. “That one in five decertification petitions filed last year involved the Teamsters only drives home the point that workers are increasingly rejecting the union’s coercive agenda.”
Foundation Client Wins $5.1 Million Verdict After Union Boss-Instigated Firing
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, September/October 2022 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Trial exposed emails advocating ‘targeted assassinations’ of union critics
Charlene Carter on her Foundation-won trial victory: “I am so humbled and thankful for today’s decision and for everyone who’s supported me these past five years.”
DALLAS, TX – Ex-Southwest Airlines flight attendant Charlene Carter prevailed in a federal jury trial in her lawsuit against the Transportation Workers Union of America (TWU) Local 556 union and Southwest. She charged both the company and union with illegally firing her for opposing the political activities of the union hierarchy, and with discriminating against her religious beliefs. Carter received free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
A jury in the U.S. District Court for the Northern District of Texas awarded Carter $5.1 million in combined compensatory and punitive damages against TWU and Southwest for their respective roles in her unlawful termination.
“Today is a victory for freedom of speech and religious beliefs. Flight attendants should have a voice and nobody should be able to retaliate against any employee for engaging in protected speech against her union,” said Carter reacting to the victory.
Flight Attendant Called Out Union Officials for Their Political Activities
Carter resigned from union membership in 2013 but was still forced to pay fees to TWU Local 556 as a condition of her employment. The Railway Labor Act (RLA), the federal law that governs labor relations in the air and rail industries, permits the firing of employees for refusal to pay dues and preempts the protections that state Right to Work laws provide.
However, the RLA does protect employees’ rights to remain nonmembers of the union, to speak out against the union and its “leadership,” and to advocate for changing the union’s current “leadership.”
In January 2017, Carter, a pro-life Christian, learned that then-TWU Local 556 President Audrey Stone and other Local 556 officials used union dues to attend a political rally in Washington, D.C., which was sponsored by activist groups she deeply opposed, including Planned Parenthood.
Carter, a vocal critic of Stone and the union, sent private Facebook messages to Stone challenging the union’s support for political positions that were contrary to Carter’s beliefs, and expressing support for a recall effort that would remove Stone from power. Carter also sent Stone a message emphasizing her commitment to a National Right to Work law after the union had sent an email to employees telling them to oppose Right to Work.
After a meeting at which Southwest officials confronted Carter about her posts protesting union officials’ positions, the company fired Carter. In 2017 Carter filed her federal lawsuit, challenging the firing as a clear violation of her rights under two federal laws. She maintained that she lost her job because of her religious beliefs, standing up to TWU Local 556 officials, and criticizing the union’s political activities and how it spent employees’ dues and fees.
Ultimately, concluding an 8-day July trial, the federal jury agreed with Carter and her Foundation staff attorneys. In its verdict, the jury found in favor of Carter on all counts of the lawsuit, while awarding Carter $950,000 in damages against the TWU union local and more than $4 million in damages against Southwest.
Union Zealot Advocated ‘Targeted Assassinations’ of Union Dissidents
In email communications unearthed and introduced at trial by Foundation staff attorneys, TWU union militants advocated for “targeted assassinations” of union dissidents and mocked Carter for being unable to stop her money from going toward union-backed causes she opposed.
Carter’s Foundation-backed lawsuit also revealed ugly examples of the hostility TWU officials and activists had for workers like Carter who spoke out against the incumbent union hierarchy. Foundation staff attorneys are preparing to counter already-announced appeals by both Southwest and TWU.
“This long-awaited verdict vindicates Ms. Carter’s fundamental right to dissent from the causes and ideas that TWU union officials support while forcing workers to bankroll that agenda,” commented National Right to Work Foundation President Mark Mix. “Verdicts like this show not only that one brave worker standing up to union bullies can make a difference, but also send a message to union bosses that their unlawful tactics will not go unpunished or unchallenged.”
Flight Attendant Fired Over Religious Beliefs at Behest of TWU Union and Southwest Airlines Wins Reinstatement
TWU union and Southwest retaliated against employee for speaking out against political stances and activities of union leadership that violated her religious beliefs
Dallas, TX (December 7, 2022) – With free legal aid from National Right to Work Foundation attorneys, former Southwest Airlines flight attendant Charlene Carter has again triumphed in her federal lawsuit charging Transport Workers Union (TWU) officials and Southwest with illegally firing her over her religious beliefs and opposition to the union’s political activity.
The U.S. District Court for the Northern District of Texas this week ordered Southwest and the union to give Carter the maximum amount of compensatory and punitive damages permitted under federal law, plus back-pay, and other forms of relief that a jury originally awarded following Carter’s victory in a July trial.
“Bags fly free with Southwest,” begins the decision. “But free speech didn’t fly at all with Southwest in this case.”
The Court rejected union and airline arguments and also ordered that Carter should be fully reinstated as a flight attendant at Southwest, writing that “Southwest may ‘wanna get away’ from Carter because she might continue to express her beliefs, but the jury found that Southwest unlawfully terminated Carter for her protected expressions.” If only “front pay,” or what she would be making in wages until she finds a new job, is awarded, the Court reasoned, “the Court would complete Southwest’s unlawful scheme” of firing dissenting employees.
Following the District Court’s decision, National Right to Work Foundation President Mark Mix issued the following statement regarding Carter’s victory:
“Southwest and TWU union officials made Ms. Carter pay an unconscionable price just because she decided to speak out against the political activities of union officials in accordance with her deeply held religious beliefs. This decision vindicates Ms. Carter’s rights – but it’s also a stark reminder of the retribution that union officials will mete out against employees who refuse to toe the union line.
“Ms. Carter’s victory should prompt nationwide scrutiny of union bosses’ coercive, government-granted powers over workers, especially in the airline and rail industries. Even after her victory, she and her colleagues at Southwest and other airlines under union control are forced, as per the Railway Labor Act, to pay money to union officials just to keep their jobs.”
Flight Attendant Called Out Union Officials for Their Political Activities
As a Southwest employee, Carter joined TWU Local 556 in September 1996. A pro-life Christian, she resigned her membership in September 2013 after learning that her union dues were being used to promote causes that violate her conscience and have nothing to do with her workplace.
Carter resigned from union membership, but was still forced to pay fees to TWU Local 556 as a condition of her employment. State Right to Work laws do not protect her and her fellow flight attendants from forced union fees because airline and railway employees are covered by the federal Railway Labor Act (RLA). The RLA allows union officials to have a worker fired for refusing to pay union dues or fees. But it does protect the rights of nonmembers of the union who are forced to associate with a union, including the rights to criticize the union and its leadership, and advocate for changing the union’s current leadership.
In January 2017, Carter learned that Audrey Stone, the union president, and other TWU Local 556 officials used union money to attend the “Women’s March on Washington D.C.,” which was sponsored by political groups she opposed, including Planned Parenthood.
Carter, a vocal critic of Stone and the union, took to social media to challenge Stone’s leadership and to express support for a recall effort that would remove Stone from power. Carter also sent Stone a message affirming her commitment to both the recall effort and a National Right to Work law after the union had sent an email to employees telling them to oppose Right to Work.
After Carter sent Stone that email, Southwest managers notified Carter that they needed to have a mandatory meeting as soon as possible about “Facebook posts they had seen.” During this meeting, Southwest presented Carter screenshots of her pro-life posts and messages and questioned why she made them.
Carter explained her religious beliefs and opposition to the union’s political activities. Carter said that, by participating in the Women’s March, President Stone and TWU Local 556 members purported to represent all Southwest flight attendants. Southwest authorities told Carter that President Stone claimed to be harassed by Carter’s messages. A week after this meeting, Southwest fired Carter.
Flight Attendant Sues Southwest and TWU for Illegal Firing
In 2017, Carter filed her federal lawsuit with help from Foundation staff attorneys to challenge the firing as an abuse of her rights, alleging she lost her job because of her religious beliefs, standing up to TWU Local 556 officials, and criticizing the union’s political activities and how it spent employees’ dues and fees.
This week’s decision, in addition to awarding reinstatement, back-pay, prejudgment interest, and damages to Carter, also hits the TWU union and Southwest with injunctions forbidding them from discriminating against flight attendants for their religious beliefs and from failing to accommodate religious objectors. The decision also explicitly prohibits Southwest and the union from discriminating against Carter for exercising her rights under the RLA. Carter may, under the RLA, object to the forced payment of the part of dues used for political and other lawfully nonchargeable union expenses, pursuant to the National Right to Work Foundation’s U.S. Supreme Court victory in Ellis v. Railway Clerks (1984).
Another recent order in the case sanctions Southwest and union attorneys for failing to obey a court order requiring them to make a witness available for a deposition. Southwest and the TWU union are required to pay Carter more than $25,000 in fees and costs. The Court will later award Carter additional fees and costs as a result of the final judgment in her favor.
Flight Attendant Battling Religious Discrimination Beats Union Attempt to End Case
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, July/August 2022 edition. Read here about how flight attendant Charlene Carter eventually won a jury verdict for $5.1 million. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Judge rules flight attendant’s case against union & airline should proceed to trial
Case Cleared for Takeoff: Charlene Carter’s lawsuit against TWU union bosses for firing her over her religious beliefs and support for Right to Work is now going to trial.
DALLAS, TX – On May 5, a federal judge ruled that former Southwest Airlines flight attendant Charlene Carter’s case charging Transportation Workers Union (TWU) officials and Southwest management with firing her illegally because of her exercise of her religious beliefs will continue at the U.S. District Court in Dallas. In doing so, the judge rejected requests from TWU and Southwest that they be granted an early victory in the case.
The judge tossed arguments from Southwest Airlines lawyers that Carter lacks a “private right of action” to enforce her rights under the Railway Labor Act (RLA), and its arguments that her case concerned only a “minor” dispute over interpretation of the union contract, which is outside the District Court’s jurisdiction.
He also rejected TWU’s and Southwest’s contentions that an arbitrator’s findings in a grievance under their monopoly bargaining agreement should control the claims in this case.
Flight Attendant Called Out Union Officials for Their Political Activities
As a Southwest employee, Carter joined TWU Local 556 in September 1996. A pro-life Christian, she resigned from union membership in September 2013 after learning that her union dues were being used to promote causes that violate her sincerely held religious beliefs.
Although Carter resigned from union membership, she was still forced to pay fees to TWU Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the RLA.
The RLA allows union officials to have a worker fired for refusing to pay union dues or fees. But it also protects employees’ rights to remain non-members of the union, to criticize the union and its leadership, and advocate for changing the union’s current leadership or removing the union altogether.
Carter sent TWU Local 556 President Audrey Stone Facebook messages sharply criticizing the union and its officials upon learning that they had used union dues to support political causes and events she opposed. The Court’s ruling noted that forced fees from objecting workers like Carter were used to fund such activities.
Carter took to social media to challenge Stone’s leadership and to express support for a recall effort that would remove Stone from power. Carter sent Stone messages affirming her commitment to both the recall effort and her support for a National Right to Work law after the union had emailed employees urging them to oppose Right to Work.
Carter was notified by Southwest managers that they needed to have a mandatory meeting as soon as possible about her personal “Facebook posts they had seen.” During this meeting, Southwest interrogated Carter about her posts and messages, as well as her Facebook messages to Stone opposing the union’s activities.
Carter explained her religious beliefs and opposition to the union’s political activities — opposition protected by the RLA. However, a week after this meeting, Southwest fired Carter.
In 2017, Carter filed her federal lawsuit with help from Foundation staff attorneys to challenge the firing as an abuse of her rights. Her suit asserts she lost her job because of her religious beliefs, her opposition to TWU Local 556 officials, and criticism of the union’s political activities and spending of employees’ dues and fees.
Federal Judge Rebuffs Union and Airline Attempts to End Case Early
“[H]aving determined that Carter has a private right of action under [the RLA] and that this case concerns a major dispute,” the federal judge assigned to the case ruled that genuine disputes of material fact exist and the case must proceed to trial.
“This decision is an important step towards long overdue justice for Charlene. The ruling rejects several attempts by Southwest and union officials to deny Ms. Carter’s right to bring this case in federal court to enforce her federally protected speech and association rights,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse.
Federal Judge Rejects Attempt by TWU Union and Southwest to Thwart Flight Attendant’s Religious Discrimination Suit
Flight attendant’s case will go to trial at District Court in Dallas
Dallas, TX (May 10, 2022) – A federal judge has ruled that Southwest flight attendant Charlene Carter’s federal lawsuit, in which she is suing Transportation Workers Union of America (TWU) Local 556 officials and Southwest for illegally firing her over her religious opposition to abortion, will continue at the US District Court in Dallas. Carter is receiving free legal representation from National Right to Work Legal Defense Foundation staff attorneys.
District Court Judge Brantley Starr ruled late last week denying the TWU union’s and Southwest Airlines’ motions for summary judgment, which would have given the union and airline an early victory in the case. Starr affirmed in the decision that the case must move to trial because “genuine disputes of material fact preclude summary judgment” on all claims.
Flight Attendant Called Out Union Officials for Their Political Activities
As a Southwest employee, Carter joined TWU Local 556 in September 1996. A pro-life Christian, she resigned her membership in September 2013 after learning that her union dues were being used to promote social causes that violate her conscience and religious beliefs.
Carter resigned from union membership but was still forced to pay fees to TWU Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the federal Railway Labor Act (RLA). The RLA allows union officials to have a worker fired for refusing to pay union dues or fees. But it does protect the rights of employees to remain nonmembers of the union, to criticize the union and its leadership, and advocate for changing the union’s current leadership.
In January 2017, Carter learned that Audrey Stone, the union president, and other TWU Local 556 officials used union dues to attend the “Women’s March on Washington D.C.,” which was sponsored by political groups she opposed, including Planned Parenthood. Carter’s lawsuit alleges that Southwest knew of the TWU Local 556 activities and participation in the Women’s March and helped accommodate TWU Local 556 members wishing to attend the March by allowing them to give their work shifts to other employees not attending that protest.
Carter, a vocal critic of Stone and the union, took to social media to challenge Stone’s leadership and to express support for a recall effort that would remove Stone from power. Carter also sent Stone a message affirming her commitment to both the recall effort and a National Right to Work law after union officials sent an email to employees telling them to oppose Right to Work.
After sending Stone that email, Carter was notified by Southwest managers that they needed to have a mandatory meeting as soon as possible about “Facebook posts they had seen.” During this meeting, Southwest presented Carter screenshots of her pro-life posts and messages and questioned why she made them.
Carter explained her religious beliefs and opposition to the union’s political activities. Carter said that, by participating in the Women’s March, President Stone and TWU Local 556 members purported to be representing all Southwest flight attendants. Southwest authorities told Carter that President Stone claimed to be harassed by Carter’s messages. A week after this meeting, Southwest fired Carter.
In 2017, Carter filed her federal lawsuit with help from Foundation staff attorneys to challenge the firing as an abuse of her rights, alleging she lost her job because of her religious beliefs, standing up to TWU Local 556 officials, and criticizing the union’s political activities and how it spent employees’ dues and fees.
Federal Judge: Flight Attendant’s Claims Against Southwest and Union Should Go to Trial
Notably, the District Court’s decision tosses arguments made by Southwest’s lawyers that Carter lacks a “private right of action” to enforce her fights under the Railway Labor Act (RLA), and arguments that her case concerned only a “minor” dispute over interpretation of the union contract that is outside the purview of the District Court.
The District Court’s ruling instead recognizes that the RLA’s explicit protection for employees’ free association rights means that Carter, who was fired for opposing the union based on its politics, “does have a private right of action” under the RLA.
The District Court re-affirmed its prior ruling that classifying the suit as a “minor dispute” is inappropriate, because “Carter had plausibly alleged that she engaged in protected speech and activity” and those claims “do not rest on and require interpretation of the collective bargaining agreement.”.
“[H]aving determined that Carter has a private right of action under [the RLA] and that this case concerns a major dispute,” the court ruled that a genuine dispute of material fact precludes summary judgment on this claim.
The decision also rejects an argument by Southwest and the union that the District Court is bound by an arbitrator’s findings. Such “issue preclusion” is inappropriate in this case because, while arbitrators are competent to resolve factual questions, they are “not competent to resolve the ultimate legal questions of a case,” the decision says.
“This decision is an important step towards long overdue justice for Charlene. The ruling rejects several attempts by Southwest and union officials to deny Ms. Carter’s right to bring this case in federal court and enforce her RLA-protected speech and association rights,” commented National Right to Work Foundation President Mark Mix. “Further, the decision acknowledges that, at its core, this case is about an individual worker’s right to object to how forced union dues and fees are spent by union officials to take positions that are completely contrary to the beliefs of many workers forced under the union’s so-called ‘representation.’”
“The Foundation is proud to stand with Charlene Carter and will continue fighting for her rights for as long as is necessary,” Mix added.
