Jalana Smith is a worker at the Very Big Corporation of America. The company is strictly in manufacturing. The company is in Texas. She is a a union member who recently joined the company in an assembly line position. When she joined, 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 arbitation. Jalana was charged with carrying toxic materials off the premises. The charges were untrue and were a rumor found in the emails of Paris Hilton. Unfortunately, the CBA terminated just before she was terminated. She was brought before her manager but refused to speak because she claimed she thought 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. Can she do so. 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.

Having moved to arbitration, the arbitrator first is challenged by the union that the case is not ripe for arbitration. What are the issues? In the arbitration, the arbitrator refused to deal with several issues, beside the union's objection to his hearing the case, and refused to admit evidence that came to light very late due to management not producing it.

The arbitrator rendered her decision in favor of management. The union appealed. What are the issues? On what issues are the union likely to prevail?

Answer the questions completely speculating about all possible issues and outcomes as you would in real life.