Southwest Airlines Faces Second Round of Sanctions in Litigation Over Flight Attendant’s Discriminatory Firing at Union Behest
Company already faced sanctions for not making witness available for deposition, now faces discipline for misleading employees about judge’s order
Dallas, TX (August 14, 2023) – The U.S. District Court for the Northern District of Texas last week issued a second round of sanctions against lawyers from Southwest Airlines, stemming from a federal discrimination case in which flight attendant Charlene Carter sued both the airline and the Transport Workers Union (TWU) Local 556 for firing her over voicing religious objections to the union’s political stances. Carter, who is receiving free legal representation from National Right to Work Foundation staff attorneys, received a $5.1 million jury verdict in her case last June and a favorable court ruling last December.
District Court Judge Brantley Starr’s current order results from a motion for sanctions Carter’s attorneys filed in December 2022. Carter’s motion contended that Southwest management, in the wake of the December ruling against the airline, had failed to follow the District Court’s instructions to inform flight attendants that the airline “may not discriminate” against flight attendants on the basis of religion, and had instead issued a “Recent Court Decision” notice to flight attendants stating the airline “does not discriminate” on the basis of religion. Carter’s December motion argued that Southwest further breached the Court’s instructions by subsequently issuing an “Inflight Information On the Go” memo to flight attendants, conveying the airline would scrutinize their union-related and religious speech in the same way it did with Carter.
Judge Starr’s order from last week granted Carter’s motion for sanctions and castigated Southwest’s lawyers for blatantly ignoring the court’s instructions.
“…Southwest’s notice communicated that there’s nothing to see here—aside from the Court’s bequeathing Southwest a badge of honor for not discriminating (which the Court did not do). Not content with merely inverting the Court’s notice, Southwest also sent a memo to its flight attendants the same day, stating that its employees must abide by the types of policies over which Southwest fired Carter and that it believed its firing of Carter was justified because of those policies,” Judge Starr’s order reads. “It’s hard to see how Southwest could have violated the notice requirement more.”
“…Southwest devoted diligence and energy only to circumventing the Court’s order—not to complying with it,” reads the order, rejecting a substantial compliance defense proffered by Southwest’s lawyers. “The…documents with privileged information indicate that decision was willful—not accidental.”
Southwest Already Faced Sanctions for Not Making Witness Available
Judge Starr’s order this week, which Southwest says they will appeal, is not the first time Southwest has faced discipline for its conduct during this litigation. In November, the District Court slammed the airline with sanctions after it failed to make flight attendant Brett Nevarez available for a deposition in the case.
According to the November order granting sanctions against Southwest, the airline’s management did not modify Nevarez’s flight schedule so he could actually attend the deposition. “[T]he Court didn’t order Defendants to sternly exhort Nevarez. It ordered Defendants to ‘ma[k]e [him] available . . . for deposition.’ Defendants didn’t rearrange Nevarez’s flight schedule or otherwise take any action to ensure his availability,” the order said.
“Thus, the Court concludes that Defendants violated its discovery order to make Nevarez available for his deposition,” read the order.
“Southwest’s repeated recalcitrance toward following court orders is shameful but not particularly surprising,” commented National Right to Work Foundation President Mark Mix. “The airline’s management already cooperated with TWU union bosses in the discriminatory and illegal firing of Charlene Carter, so it was obvious long before the sanctions that the company is willing to flout the law and undermine the rights of its employees.”
“Hopefully the court’s most recent order provides hope to other independent-minded workers that their right to express their religious dissent against union and company political agendas cannot so easily be waved away,” Mix added.
San Francisco Security Officer Battles Illegal SEIU Union Boss Discrimination
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, March/April 2023 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
Case builds on Foundation wins for workers with religious objections to union affiliation
Last year was a banner year for workers of faith who sought free Foundation legal aid. Charlene Carter (left) and Dorothy Frame (right) both prevailed after facing discrimination for opposing union politics on religious grounds.
SAN FRANCISCO, CA – States like California that lack Right to Work laws grant immense powers to union bosses within their borders: They can legally have any employee fired under their monopoly control who refuses to pay dues to the union hierarchy.
However, thanks to the continuing successes of National Right to Work Foundation attorneys’ cutting-edge legal actions, employees with sincere religious objections to union affiliation are entitled to a religious accommodation under Title VII of the Civil Rights Act of 1964 that permits them to stop funding a union. That applies even when other workers who do not have religious conflicts can be forced to pay up or be fired.
But Service Employees International Union (SEIU) bosses in San Francisco apparently can’t be bothered with obeying the law.
SEIU Chiefs Ignored Legal Requirement to Accommodate Employee
Thomas Ross, a San Francisco-area security officer employed by Allied Universal Security Services, is receiving free legal representation from Foundation attorneys in his case charging the SEIU and his employer with forcing him to join and financially support the union — after he told both parties his religious beliefs forbid union support.
Ross is a Christian and opposes union affiliation on religious grounds. Under U.S. civil rights law, unions and employers are required to accommodate religious objections to union payments. Additionally, the National Labor Relations Act (NLRA) prohibits unions and employers from forcing employees to join a union.
Because the SEIU union’s and Allied Universal’s demands violate both statutes, Ross filed two sets of federal charges with Foundation aid. The charges will be investigated by the Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB).
According to his EEOC discrimination charges, Ross informed both the SEIU union and Allied Universal when he was hired in 2020 that his religious beliefs forbid union membership. He also asked for a religious accommodation.
Union Bosses Issued Blatantly Illegal Compulsory Membership Demand
Not only did both SEIU and Allied Universal ignore Ross’ request, but in July 2022, “Allied Universal . . . demanded that [he] sign a payroll deduction, join the union, and pay union dues.”
On August 31, 2022, Ross reminded Allied Universal of his religious objection to paying union dues, but on September 15, 2022, Ross’ “employer stated that union membership was compulsory and deducted union fees” from his paycheck without his consent. That is a clear violation of longstanding law, even for workers not seeking a religious accommodation.
Workers nationwide frequently turn to the National Right to Work Foundation for free legal aid when union chiefs snub their requests for religious accommodations or otherwise discriminate against them based on their religious beliefs. Last year, Foundation attorneys scored extraordinary victories for workers who faced union malfeasance after they resisted union affiliation on religious grounds.
Foundation Attorneys Notched Big Wins for Religious Freedom in 2022
In July 2022, Foundation staff attorneys won a multi-million-dollar jury verdict for Southwest flight attendant Charlene Carter, who had been ridiculed and later fired for voicing her religious opposition to the Transport Workers Union’s (TWU) political positions. Foundation attorneys also later won a federal court judgment for Carter, in which the judge ordered that Carter be reinstated and given the maximum amount of compensatory and punitive damages permitted by federal law.
“Bags fly free with Southwest,” began the decision. “But free speech didn’t fly at all with Southwest in this case.”
In March 2022, also with Foundation aid, Fort Campbell custodial worker Dorothy Frame won a settlement gaining a religious accommodation after Laborers International Union (LIUNA) officials unlawfully questioned her religious belief that she could not support the union’s political activities.
“The Foundation is proud to help working men and women who courageously stand up for their beliefs even in the midst of union coercion,” commented National Right to Work Foundation Vice President and Legal Director Raymond LaJeunesse. “However, it’s important to recognize that, regardless of whether an employee’s objection to union affiliation is religious or not, no American worker should ever be forced to subsidize union activities they oppose.”
Full Foundation Action July/August 2022 Newsletter Now Online
All articles from the July/August issue of Foundation Action are now on the website.
In this issue:
- South Jersey Bus Drivers Challenge Dues Trap Scheme in New Janus Lawsuit
- Slot Machine Technicians Appeal Outrageous Decision Denying Decertification Vote
- Worker Wins $18,000+ for Illegal Firing at IAM Union Bosses’ Behest
- Mark Mix in The Wall Street Journal: Jennifer Abruzzo’s Plan to Abolish Union Elections
- Flight Attendant Battling Religious Discrimination Beats Union Attempt to End Case
- Forced Dues For Politics: CWA Union Hit with Federal Charge by Pennsylvania Metal Worker
Recent articles can be found here. To sign up for a free copy of the newsletter via mail please see the form at the bottom of this page.
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.”
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.
