Answer the following questions SEPARATELY, spotting all the issues and resolving them as much as possible. You may assume facts that are logically possible but not in opposition to the fact patterns. Question 1. Jabbette T. Hutt was a worker at the Very Big Corporation of America. The company was strictly in manufacturing. The company was in Texas. She was a union member who had been with the company for fifteen years in an assembly line position. She has a high school education. When she joined the company, she signed a release that stated that she had read the CBA and agreed to its terms. The CBA had incorporated by reference a waiver of statutory rights in favor of arbitration as the exclusive remedy. Jabbette was charged with carrying toxic materials off the premises in violation of company policy. She was also charged with stealing six pencils from the company. The CBA terminated on October 1, 2017. Jabbette was charged by management with several contract violations on October 5, 2017. The union was fifteen minutes late in meeting the grievance filing requirement in the CBA. Jabbette was terminated on October 15, 2017. Spot all the issues and suggest possible outcomes. Jabbette was brought before her manager October 2, 2017 but refused to speak. She claimed to believe that she would be disciplined and wanted a union representative present. The company refused and charged her with insubordination. She was disciplined for both insubordination and an offense warranting discharge. She claims that she wants to file a court claim for discrimination based upon race. What are the issues that this fact pattern raises? Mention issues and cases/statutes at issue. Write arguments for and against various outcomes and likely results. Jabbette also demanded that she be credited with the vacation days accrued under the contract. The union refused to represent Jabbette after grievance stage 2. Jabbette continued by representing herself and then hired her own attorney. The union representative threatened that if she did not drop the grievance that all union files and confidential conversations she had with her shop steward would be turned over to the arbitrator. Having moved to arbitration, the arbitrator first was challenged by the union that the case was not ripe for arbitration. In the arbitration, the arbitrator refused to deal with several issues, beside both management and the union’s objection to her hearing the case. Management insisted that Jabbette had the burden of proof on all issues. The arbitrator refused to admit evidence that came to light very late due to management not producing it. The union appeared at the arbitration hearing and submitted documents prejudicial to Jabbette as threatened. What are the issues and likely outcomes? The arbitrator rendered her decision in favor of management. She did not write a full opinion but simply ruled in favor of management. Jabbette and the union appealed. Management moved for enforcement and filed a motion with the enforcing court to call the arbitrator as a witness. The union also claimed that a government agency should hear part of the case. What are the issues? On what issues is the union likely to prevail? Answer the questions completely spotting all issues and speculating about all possible outcomes as you would in real life. Use cases and statutes as needed. In your answer include the history of the evolution of arbitration in commerce and labor law and its impact on the case. Question 2. You are a budding policy and legal analyst for TexTronShellfish Inc., a transnational based in London that is entering into an agreement with the Sudyriana government to supply oil platforms to their remote lease sites in the Arctic Circle. TexTronShellfish had several exchanges with Sudyriana by email agreeing to primary terms of contract. The final agreement for the number of platforms from TexTronShellFish contained an arbitration clause. Relations soured. TexTronShellFish declared the contract void. TexTronShellFish refused to arbitrate. The Arbitration looms. Spot the issues. Write your analysis.
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