The TWA would not accommodate his requests for a Sabbath exemption after he was transferred from a building where he worked the night shift to one where he would work the day shift. With the transfer, he did not retain the same seniority with which he had previously made requests for Saturdays off. Writing for the seven-justice majority, Justice Byron R. Justice Thurgood Marshall authored a dissent, in which William J. Brennan Jr.
Trans world airlines case studies it is a garden variety proposition about who did what, when and where. Richardson, U. Hardison was a union member and subject to the terms of a collective bargaining agreement that contained a seniority clause governing shift assignments shudies employees. Holliday; Ralstone R. Thereafter, both Local and District attempted to contact Hardison about pursuing the matter further, but upon receiving no cooperation from Hardison, they dropped the case. No notes for slide.
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Both before and after the amendment, the lower courts have considered at length Virgin mary france circumstances in which employers must accommodate the woeld practices of employees, reaching what the Court correctly describes as conflicting results, ante at U. As the District Court construed the Act, however, TWA had satisfied its "reasonable accommodations" obligation, and any further accommodation would have worked an undue hardship on the company. Thus the later guidelines expressly repealed the earlier guidelines. Airlnes How it is useful in the schedule planning 4 Flight Scheduling This airlinex explains the schedule which is the result of planning department effort in preparing the flight 5 Aircraft routing Airpines chapter explain how the aircraft are routed after the flight schedule has been made 6 Principles of Airlines scheduling This chapter covers the Mission Trans world airlines case studies scheduling. Designated as Cs, they flew transatlantic flights to Africa and Europe. To ameliorate the Karabu deal, TWA went in and out of bankruptcy in Smithsonian Institution Press. Any employer who, like TWA, conducts an around-the-clock operation is presented with the choice of allocating work schedules either in accordance with the preferences of its employees or by involuntary assignment. Justia case law is provided for general informational purposes only, and may Trans world airlines case studies reflect current airlones developments, verdicts or settlements. And on two occasions, this Court has attempted to provide guidance to the lower courts, only to find ourselves evenly divided.
- Code is provided free of charge in an effort to provide sourced-information about all facets of aviation.
- Louis, Kansas City, and other stops, with Ford Trimotors.
- Because respondent's religious beliefs prohibit him from working on Saturdays, attempts were made to accommodate him, and these were temporarily successful mainly because, on his job at the time, he had sufficient seniority regularly to observe Saturday as his Sabbath.
William H. Pickett, Kansas City, Mo. Michael D. Gordon, Kansas City, Mo. George E. Feldmiller and James J. Mollenkamp, Kansas City, Mo. Dennis Rapps, Brooklyn, N. William A. Carey and Joseph T. Eddins, Associate Gen.
Counsel, Beatrice Rosenberg, Charles L. Reischel and Washington Marshall, Attys. Larry G. Hardison, a member of the Worldwide Church of God, initiated this employment discrimination case against his union and his employer following his discharge as a Trans World Airlines TWA stores clerk for alleged insubordination.
The factual background of this litigation is not disputed, and, in summarizing the relevant details, we rely heavily upon the findings of the District Court, reported in Hardison v. Trans World Airlines, F. The Honorable John W. That agreement contained seniority provisions relating, inter alia, to days off and vacations.
While distinctions between the local, district, and international unions are made by appellees in this appeal, our holding makes it unnecessary to take account of such distinctions, and the unions are sometimes for convenience collectively referred to herein as "the union". The Stores Department at the Kansas City International Airport, in which Hardison had worked from June 5, , until his discharge on April 2, , operates twenty-four hours per day, seven days per week.
Hardison initially worked as a stores clerk in Building No. In the spring of , Hardison began studying the teachings of the Worldwide Church of God.
That religion requires its members to refrain from all work on certain designated holidays as well as on its Sabbath, which occurs each week from sundown on Friday to sundown on Saturday. Agreed to odd holidays excused T. He advises you are getting him another job — agreed you should.
Soon thereafter, the supervisor notified Kussman that he had been unable to make any "headway" in trying to resolve the problem.
Hardison continued to work on Friday evenings and Saturdays, including some voluntary overtime work. On October 4, , Hardison wrote Kussman that he had transferred to the p. He reminded Kussman of his assurance that Hardison would be excused from work on certain holidays under those circumstances. Subsequently, he furnished Kussman at his request a list of religious holidays and dates thereof.
On December 2, , Hardison bid for a position as a stores clerk in another section in Building No. Hardison indicated that his reason for transferring to the Building No. Each of these stores clerk sections was governed by a separate seniority list. Thus, although Hardison had relatively high seniority in Building No. As a result, his ability to select days off was considerably diminished.
Hardison was called to substitute for Wyatt, whose work schedule included Friday evenings and Saturdays. On March 6, , Hardison met with Kussman and James Tinder, a union steward, to discuss the conflict between this schedule and Hardison's religious practices. Several possible adjustments were explored, but since all required Hardison to do some work on the first Saturday, March 8, none of these adjustments were instituted.
Hardison did not file a grievance concerning this unsatisfactory resolution although he knew he had a right to do so. These included such possibilities as changing Hardison's shift, changing his job, or permitting him to work four days per week rather than five.
Hardison did not report for work on Saturday, March 8, informing the storekeeper that he had personal business to do. Hardison was likewise absent from work on the following two Saturdays, March 15 and March He was then notified that a discharge hearing had been scheduled. Prior to that hearing, Hardison met with Local 's grievance committee. Various avenues of legal redress and defenses were discussed, and it was decided that the best approach would be a plea for leniency coupled with an effort to obtain reversal at a higher level in the event of an adverse result.
The possibility that the union might waive its seniority rules to permit Hardison to work on a different shift was not discussed. Following the meeting, Hardison voluntarily changed his shift to the "twilight shift" p. When Hardison left work early at sundown on Friday, March 28, however, it became apparent that this change in schedule would not obviate future problems as Local had hoped.
Although Local argued that termination was too severe a penalty, Hardison was found guilty of insubordination and discharged on April 2, Thereafter, both Local and District attempted to contact Hardison about pursuing the matter further, but upon receiving no cooperation from Hardison, they dropped the case. Hardison filed an unlawful employment practice charge with the Equal Employment Opportunity Commission which deferred to the Missouri Commission on Human Rights. He contended that all the defendants had practiced religious discrimination and, in addition, that the unions had violated their duty of fair representation.
Following a trial to the court on primarily stipulated facts, judgment was entered for all defendants on the ground that each had attempted a reasonable accommodation of plaintiff's religious needs, as required by the controlling statutes and guidelines, and that undue hardships would have resulted from any greater efforts.
Hardison v. Trans World Airlines, supra. Federal jurisdiction was established below under 42 U. In essence, the decision below held that the valid seniority provisions of the unions' collective bargaining agreement with TWA did not permit further accommodation by any of the defendants. Hardison appeals, contending that the District Court's findings of reasonable accommodation and potential undue hardship were clearly erroneous.
The issues before us include the alleged unconstitutionality of Title VII and the guidelines on religious discrimination, the extent of the unions' duty of fair representation under the circumstances presented, and whether the findings below that the defendants had fulfilled their respective duties to attempt a reasonable accommodation, short of undue hardship, of Hardison's religious practices were clearly erroneous. Our review must necessarily begin with an examination of the controlling statutes and regulations.
The Civil Rights Act of specifically forbids employers from practicing religious discrimination in specifically enumerated ways. It shall be an unlawful employment practice for a labor organization — 1 to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; 2 to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or 3 to cause or attempt to cause an employer to discriminate against an individual in violation of this section.
The EEOC is empowered to promulgate regulations in aid of the statute. The original guidelines provided:. However, the Commission believes that an employer is free under Title VII to establish a normal work week including paid holidays generally applicable to all employees, notwithstanding that this schedule may not operate with uniformity in its effect upon the religious observances of his employees.
For example, an employer who is closed for business on Sunday does not discriminate merely because he requires that all his employees be available for work on Saturday. The regulations were modified in to provide:. The Commission believes that the duty not to discriminate on religious grounds, required by section a 1 of the Civil Rights Act of , includes an obligation on the part of the employer to make reasonable accommodations to the religious needs of employees and prospective employees where such accommodations can be made without undue hardship on the conduct of the employer's business.
Such undue hardship, for example, may exist where the employee's needed work cannot be performed by another employee of substantially similar qualifications during the period of absence of the Sabbath observer.
The EEOC further placed upon the employer "the burden of proving that an undue hardship renders the required accommodations to the religious needs of the employee unreasonable. The possibility that the revised regulations might impose a burden to accommodate not contemplated by the statute which posed "grave constitutional questions" of violation of the Establishment Clause of the First Amendment was raised in dicta in Dewey v.
Reynolds Metals Co. Dewey also concluded that Title VII only prohibited acts taken with intent to discriminate. This conclusion was rejected by the Supreme Court in Griggs v. Duke Power Co. In , Congress incorporated the substance of 29 C. The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.
This amendment has been held to have eliminated all doubt that the guideline at 29 C. Reid v. Memphis Publishing Co. Bendix Corp. The District Court likewise so held, and we agree. In a second appeal, a different panel of the Sixth Circuit Edwards, J. We are more persuaded by the earlier opinion and by Judge Edward's dissent. The company may not accept the role of a Pontius Pilate.
An effort to accommodate the employee's religious observances must be made. Such accommodation need only be a reasonable one. An accommodation alternative which imposes undue hardship upon the employer's business is unreasonable and not required. The burden of demonstrating its inability to reasonably accommodate falls upon the employer. The record reflects a consistent effort by Hardison to acquaint TWA with his religious conversion and the effect of that commitment upon his ability to work during his Sabbath period and certain other religious holidays.
He made no demands which were not consistent with his known religious beliefs. He was willing to work long weeks or short weeks provided his religious obligation to abstain from work on his Sabbath could be met.
He even transferred to the twilight shift in order to minimize the impact of his absence on the company. We cannot agree with the company's contention, apparently accepted by the District Court, F. The implication is that if Hardison had not transferred he would have retained enough seniority in Building No.
This is not accommodation. The purpose of this transfer was to obtain a daytime shift, Hardison having recently married. While the regulation implies that the employee must be responsive to a reasonable accommodation, no such accommodation was ever offered by TWA, which at all times contended that it was precluded from accommodating Hardison's Sabbath observance by the collective bargaining agreement.
Yoder, U. A proposal that Hardison work only four days a week was rejected by the company. Airlines of the United States. In each. In , Icahn moved the company's main offices from Manhattan,  to office buildings he owned in Mount Kisco.
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HARDISON v. TRANS WORLD AIRLINES, INC | F.2d 33 | 8th Cir. | Judgment | Law | CaseMine
Because of recent financial setback, air transportation industry places more emphasis on short-term and less on long-term forecasting Due to a sour economy, overexpansion, and destructive price competition, the airline industry lost nearly as much money during the period as was earned between the end of government regulation in and Currently, because of the need to quickly repair damage to balance sheets, the focus within the industry is decidedly away from the long-term horizon toward one emphasizing short-term marketing strategies and strict cost control.
Not coincidentally, my responsibilities, at TWA as Director of Economic Analysis and Forecasting and Chief Economist, have been altered to the point where forecasting work occupies only a small portion of my time even though I have total company responsibility for revenue forecasting. Organizationally, I report to the Senior Vice President-Marketing where my input is solicited in pricing, scheduling, and marketing decision-making, and where I play devil's advocate as well as evaluate the success or failure of decisions taken in these areas.
However, the largest claim on my time involves monitoring competitive conditions within the industry and keeping the top company officers abreast of important developments through weekly briefings. This is also the forum in which I update near-term expected revenue and explain how it differs from the Plan forecast. Since the Journal is primarily concerned with forecasting issues, the following addresses TWA's framework and how the company utilizes the projections.
A formal Financial Plan exercise is carried out every year. Revenue forecasts for the Plan are currently prepared twice a year for the subject year with the initial exercise usually finalized by the prior November.
A recalibration is performed during May for the balance of the year to account for variances and changed assumptions. The Financial Plan incorporates the revenue projections with the expense estimates separately generated by the Office of the Controller. Also, our domestic and transatlantic divisions are projected separately. We use a top-down and industry share approach as opposed to a markets aggregation or bottom-up process.
The reasons we opted for the top-down were two-fold: 1 We could monitor the results and assumptions more quickly, establish causality for the variances in industry size, TWA share or price, and attempt corrective actions where possible. Total domestic Industry passenger and seat data are available within a week of month end.
Now let me briefly outline our forecasting process as well as methodology. See Figure 1 Figure 1 omitted We begin with annual industry traffic forecasts in which multiple regression and auto-regressive models are used. An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.