Legal issues and regulatory compliance in unionized organizations

Unionization of Southwest Airlines

Background of the Airline

The airline was founded more than 38 years ago, and is driven by the belief, taking passengers to their destinations, on time and at the lowest fares, will make people fly your airline. The airline has managed to keep its head above waters despite crisis like terrorism, recession, and high fuel prices that have an adverse effect on the airline industry (Southwest airlines, 2010). This is associated to several advantages and strengths of the company. One advantage and management strategy revolves around the culture of building welfare for employees, where the employees come first and customers second. Southwest airlines believe in the delivery of excellent service and provision of job security to employees. This culture has seen the airline cut back the number of flights, rather than lay off employees in the last recession (Southwest airlines, 2010). The company values its employees such that they offer them compensation and benefits from profits and surpluses. This is a strategy to encourage employees to perform and increase their production. The corporate culture of employee motivation, compensation, and assurance of job security is a guiding principle that is enabling the employees of southwest airlines to have high job performance. Moreover, the airline has the lowest turnover rates among the airline industry.

Legal Issues and Obstacles

Despite Southwest Airlines employee motivation strategy, the company is facing serious legal challenges from the court charges in the case of Wilson V. Southwest Airlines Co. The case is a suit against the company by Gregory Wilson and 100 male job applicants, who are challenging the airlines refusal to hire male flight attendants (Southwest airlines, 2010). This is a serious legal issue for the airline since potential employees, workers unions, and organizations can assume that the airline concedes to refuse to employee males intentionally. Sex discrimination is a legal offence in the constitution and can cause adverse union problems for the airline in the future.

Federal, State, and Local Laws Broken by this Legal Issue

The legal issue violates the 1964 Civil Rights Act, Title VII, amended as 42 U.S.C. §2000e. The title bans sex discrimination in hiring of employees in any organization in America, unless the employer proves beyond reasonable doubt that sex discrimination is bona fide, for reasonable operations for the business (Southwest airlines, 2010). The airline maintains that it discriminates against male employees due to its height -- and weight restrictions, which have an adverse effect on male applicants. The airline believes that only female attendants can meet the physical requirements for the job in the capacity that places them in public contact with customers. Female flight attendants and ticket agents are sexy and improve the image of the airline (Southwest airlines, 2010). They also promise customers that flying with the airline with take them to their destination with love. The problem is the airlines ability and evidence to prove that this policy is not a violation of the Civil Rights Act. The legal challenge is proving that male attendants and ticket agents will not make sales as much as female attendants, nor will they meet the mission of the company.

Recommendation

The airline's employee motivation strategy of job security, compensation, and benefits from profits and surpluses is under threat from the lawsuit. This legal issue and lawsuit threatens to tarnish the image Southwest airlines has created, and undermine its employee motivation plan. The lawsuit also threatens to tarnish the company's rating as the airline with the lowest employee turnover. To avoid this, the airline should consider interviewing male applicants, and placing them in positions like ticket attendants.

Organization Benefits of Joining a Union

One of the benefits of joining a union for Southwest Airlines is the ability to enjoy to the fullest extent efficiency of operations, continuation of employment under reasonable working conditions especially given the legal issues. The union can act is an advisor and go between of the airline and employees, and contribute in the caring for the well-being of customers. The second advantage is that unions will handle grievances, like that seen with the case of Wilson v. Southwest Airlines. Unions are in a position to cover employees in an agreement against discrimination, restraint, coercion, and interference. In addition, they have the expertise and legal skills to advice Southwest airlines on the lawful hiring and managing of employees. This is necessary especially on issues like disability, sexual orientation, handicap, religion, sex, national origin, color, creed, race, sexual orientation, veteran status, and gender identity.

Unionization Process

Unionization process for Southwest Airlines begins with negotiations with the union creating an agreement on the provisions according to the labor Act. The agreement is only reached after the Airline and the Transport Workers Union of America comes to terms on the purpose, scope, status of the agreement, and meets the standards set by the Labor Act (Southwest Airlines, 2011). In creating the agreement, the parties are meeting to decide the definitions of various terms of employment and classifications of covered employees. This also entails the definition and scope of the hours of service, overtime, seniority, and training of employees. Hiring, recruitment, leaves of absence, part-time employees, filling of vacancies, sick, and occupation injury payment for employees (Southwest Airlines, 2011). Other terms under definitions and construction in the agreement involves issues like employee's vacations, temporary assignments, reduction in force and severance pay, safety and health, and grievances procedures. After parties agree on the agreement, they agreement will be signed, and copies presented to various stakeholders, along with the Ministry of Labor.