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Southwest Denied Quick Win in Flight Attendant Leave Policy Suit

May 13, 2022, 4:08 PM

Southwest Airlines Co. must face a former employee’s class allegations that a 2019 change to the airline’s attendance discipline policy penalizes flight attendants for using protected medical and family leave, a San Francisco federal judge ruled.

Roreste Refuerzo’s Feb. 10 proposed class lawsuit isn’t preempted by the Railway Labor Act, the US District Court for the Northern District of California said. Southwest was wrong that Refuerzo’s leave interference claims arise under the collective bargaining agreement between the airline and his union, the court said in denying the airline’ s motion to dismiss.

Ordinarily, two negative points are removed from a ...

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