Patrick Fennessy v. Southwest Airlines

Patrick Fennessy claims that Southwest Airlines Co. violated section 152, Fourth of the Railway Labor Act (“RLA” or “the Act”), 45 U.S.C. §§ 152-188 , by terminating his employment in retaliation for his efforts to replace his existing union with a different one. Fennessy appeals the district court’s grant of summary judgment in favor of Southwest. We reverse.

I.

While employed as a ramp agent for Southwest, Fennessy became a member of the Ramp Operations & Provisioning Agents (“ROPA”), as required by the parties’ Collective Bargaining Agreement. ROPA has been the recognized collective bargaining representative for Southwest ramp agents since 1988. Asserting that he was dissatisfied with ROPA’s representation, Fennessy unsuccessfully engaged in efforts to organize support for representation by the Teamsters Union.

While driving a baggage cart as part of his duties as a ramp agent for Southwest, Fen-nessy struck an aircraft, causing a superficial 18-inch scratch on the plane’s surface and a brief delay before a take-off. Southwest subsequently held a factfinding session concerning that accident, after which Fennessy’s employment was terminated. The stated reason for Fennessy’s…