The collective bargaining agreement (“CBA”)

  Mary and Hiroshi are pilots at the Company. Mary joined the Company on January 1, 2005 and Hiroshi was hired in June of 2022. Mary was one of the founders of the Union. Mary is happy there is a Union where she works and that there is a CBA in place between the Union and the Company, but she seldom goes to Union meetings. Hiroshi can’t stand the idea of unions at all, but he likes working for the Company and wants to build a career there. Mary’s hobby is long distance running. In fact, she has competed in 3 marathons this year alone and plans to run the Honolulu Marathon this December. She also competes in archery competitions, and is considered one of the best archers in the United States for her age group. Mary attributes her success in archery to her keen eyesight. In May of 2022, she placed First in her Division and Fifth Overall in a West Coast competition in Northern California which drew over 1,500 competitors of all ages. Mary has been very busy with work, travel, training for the upcoming Honolulu Marathon and competing in archery tournaments. She hasn’t been able to get to her doctor to get her FAA medical certificate in three months, but she is not worried about it. She feels great and she is in great shape physically and mentally. Hiroshi is not at all interested in joining the Union. His workmates tell him to go to Human Resources and talk to them about it. Hiroshi tells his workmates that "I'm never paying union dues, and I don't support any candidates that would take political action money, which is really just a bribe, from a union." He goes to Human Resources to discuss the matter with them, and on his way back to the hangar, his foreperson (a Company Representative) tells him to go wash the plane Hiroshi will be flying this afternoon. Hiroshi tells him, “Forget it! I’m a pilot not a car wash attendant!” The Company suspends Hiroshi for a week without pay for disobeying his foreperson’s direct order. When Hiroshi gets back from his suspension he is assigned to fly to Las Vegas. Hiroshi can't wait to get to Vegas because he loves to play pachinko and he knows a little place off the Strip that has some great pachinko action. He loves the game so much that he built a little wooden version of the game for his nephew, with little nails and little buckets to simulate the actual game. At lunch in the hangar before his flight, he shows the toy pachinko game to the other pilots and demonstrates how the game works. Just at that moment, someone from Human Resources walks by and sees what Hiroshi is doing. That Human Resources person does not say anything, but goes directly back to their office. Two hours later Hiroshi is brought into the Human Resources office and informed that he is being terminated for gambling during work time on Company premises. Hiroshi files a grievance asking to be reinstated. Gambling Question: Please provide a 2-3 paragraph answer to these questions: Should Hiroshi be fired for the gambling incident described? In this particular case: What are the Company’s best arguments against reinstating Hiroshi, and What are Hiroshi’s best arguments to support his contention that he should get his job back? Discipline Question: The Company decides to suspend Mary for 3 weeks, without pay, because her FAA medical certificate is not current. Please provide a 2-3 paragraph answer to these questions: What arguments do you think the Union should make to remove or lessen the suspension? What information would you like to get from an investigation before rendering your advice? What key pieces of information might help the Union’s argument? Union Membership Question: You are the head of Human Resources when Hiroshi comes in to tell you he is not going to join the Union or support political candidates that take money from unions. What do you tell him his rights are under the CBA? Please provide a 1-2 paragraph answer to this question. “Working at the Carwash” Question: Did Hiroshi have to follow his foreperson’s direct order to wash the plane? If, instead of refusing to wash the plane, Hiroshi had come to you - his Union Representative - immediately after getting the order (but before saying anything to the foreperson) and asked what he should do, what would you have told him? Please provide a 1-2 paragraph answer to this question. New Headwear Question: The Company has decided to expand its service into Montana starting in December. The Company issues a Memo to all Pilots directing them to buy “Cowboy Style” hats and wear them as part of their uniform during December and January. The Memo does not say who is going to pay for the hats. The Union files a grievance and even threatens to file a charge with the National Labor Relations Board, claiming that: (1) uniforms and uniform requirements are a mandatory subject of collective bargaining and the Company has violated the National Labor Relations Act by unilaterally imposing the new “Cowboy Style” hat requirement; and (2) there is clear precedent in the CBA that the parties have negotiated the subject of headwear and the burden of the cost of headwear, and that “Cowboy Style” hats should be treated in the same way.