Angel v. Southwest Airlines Co.
- Nathanael Cousins
- 5:26-cv-02658
- U.S. District Court · Northern District of California
- 5
In Casey Angel v. Southwest Airlines, Judge Cousins granted both defendants’ dismissal motions because the claims were untimely, allowing amendment.
Casey Angel, Southwest Airlines Co., and Transport Workers Union of America, AFL-CIO (TWU Local 555).
What happened
Casey Angel v. Southwest Airlines Co. concerns Angel’s termination after an investigation into alleged misuse of Southwest’s nonrevenue travel privileges and the union’s handling of Angel’s grievance. Angel sued Southwest for violating the collective bargaining agreement and Transport Workers Union of America, AFL-CIO (TWU Local 555) for failing to fairly represent Angel.
The court treated the lawsuit as a combined labor case under the Railway Labor Act. It held that such a case had to be filed within six months of when Angel knew or should have known about the union’s alleged failure to fairly represent Angel. The court concluded that the claims were barred by that deadline and did not decide the defendants’ other arguments.
Judge Cousins granted both Southwest’s and TWU Local 555’s motions to dismiss all claims, with leave to amend because amendment would not be futile. Angel may file a second amended complaint or notify the court that Angel does not wish to amend by October 12, 2026, and may not add new parties or claims without the court’s permission.
The detailed version
- Angel v. Southwest Airlines Co. · No. 5:26-cv-02658
- Nathanael Cousins
- Sept. 11, 2026
Background
Casey Angel alleged that Southwest terminated Angel’s employment on August 19, 2025, after allegations that Angel improperly used travel privileges. Angel was covered by a collective bargaining agreement between Southwest and Transport Workers Union of America, AFL-CIO (TWU Local 555). Angel filed a grievance on or about August 20, 2025, and TWU Local 555 represented Angel in the grievance process.
Angel alleged that TWU Local 555 did not independently investigate Southwest’s allegations, did not provide requested evidence and documents, did not identify witnesses who directly observed misconduct, withdrew the grievance on September 26, 2025, and refused to pursue arbitration. Angel also alleged that the union did not provide requested grievance materials and communications and did not reconsider its decision.
The First Amended Complaint asserted two claims: breach of the collective bargaining agreement against Southwest and breach of the union’s duty of fair representation against TWU Local 555.
Statute of Limitations
The court concluded that the lawsuit was a combined action under the Railway Labor Act, a federal law governing labor disputes in the airline and railroad industries. This type of case combines a claim against the employer for violating the collective bargaining agreement with a claim against the union for violating its duty to fairly represent the employee.
The court held that federal law imposes a six-month limitations period on this type of action. The period begins when the employee knows or should know of the union’s alleged breach of its duty of fair representation. Angel filed the lawsuit on March 26, 2026. The court concluded that Angel’s claims were barred because several alleged events supporting the union claim—including the alleged failure to provide evidence and conduct an independent investigation—occurred before the union withdrew the grievance on September 26, 2025. The court also noted that Angel did not address Southwest’s statute-of-limitations argument in the opposition briefing beyond acknowledging that it was an issue.
Because the court found the claims barred by the statute of limitations, it declined to decide the defendants’ remaining arguments.
Disposition
The court GRANTED both Southwest’s and TWU Local 555’s motions to dismiss as to all claims and all defendants, with leave to amend. The court found that amendment would not be futile. Angel must file a second amended complaint or notify the court that Angel does not wish to amend by October 12, 2026. Angel may not add new parties or claims without further leave of court.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.