Brothers and Sisters,
We have the unfortunate duty of informing you that, in their decision dated January 9, 2019, the US Court of Appeals for the 5th Circuit reversed our win in the District Court in the SWA v. TWU Local 555 arbitration enforcement litigation.
The Appeals Court found that the Arbitrator (Daniel Jennings) did not draw the essence of his decision from CBA language,and therefore the arbitration decision should be vacated.
The Appeals Court found that the 10 days during which the grievance could have been filed began on the date of the TWU Local 555 ratification vote (02/19/16) and not on the actual signing of the CBA (03/16/16), as required by CBA language. Due to this, the Court found the grievance was untimely.
We are highly disappointed with this court’s ruling and will update the membership on our decision moving forward. It is our intention to return this work, and honor the contractual language of the CBA, to the proud members of TWU Local 555. The complete ruling is included below for members to view.
TWU 555 L.E.B.