Recent Kincare Overcharge Arbitration Update

After the recent Arbitration ruling regarding the charging of more than the contractual maximum of 8 hours to cover a Kincare call out, instead of abiding by the ruling, the Company chose to contact Arbitrator Javits for the following stated reason,

"Southwest requests that you either reconsider or stay your August 9, 2017, award."

The Company's position is that any hours over the 8 are left "unprotected" and should be charged with an RPA. The Union disagrees with this interpretation, as with other instances, 8 hours cover the absence regardless of how many hours are actually scheduled. With that said, Arbitrator Javits has made the decision to grant the requested stay of the ruling pending official guidance from the DLSE(Division of Labor Standards Enforcement).

Also of note, is that prior to the this year's implementation of the Company's interpretation of CA sick leave laws, the Union requested the Company hold off pending official guidance from the DLSE, but the Company declined and chose to move forward regardless. 

This comes approximately one year after the Company, instead of honoring the ruling of Arbitrator Jennings regarding Aircraft Cleaning, chose to file a lawsuit to have the ruling vacated. 

SWA-TWU-KinCareLaw-Addendum