The situation of an employee needing to have a day off for religious reasons during a normally scheduled workday would be a difficult situation for both employer and employee.
1. Do you feel the alternatives suggested by the court of appeals were viable for TWA? Why or why not? If not, what would you recommend?
I agree with a few of the alternatives suggested by the court of appeals and feel they are viable for TWA. Specifically the reasons why I feel these reason are viable is because if applied appropriately they could work. The alternatives I agree strongly with would be having either a supervisor or an employee on overtime take the persons shift that needed off for observance of the Sabbath. Truly, …show more content…
Consequently, the union would not be at fault in this case since “Hardison sought and was transferred to another job in which he did not have seniority that allowed him to have his Sabbath off” (Bennett-Alexander & Hartman, 2015, p. 528). Nevertheless, “unions are also under a duty to reasonably accommodate religious conflicts” (Bennett-Alexander, 2015) Hardison should not be punished for wishing to change positions, however the employer has facilitate an arrangement that does not punish Hardison and does not violate the collective bargaining agreement. Coupled with, the suggestions from question one above it is possible that a solution can be generated and that the situation can be satisfactorily resolved without changing the collective bargaining agreement. Conversely, when no other solution is available the collective bargaining agreement would require alteration or an allowance. Generally speaking, it is only inconsistent in extremely rare cases to prohibit religious discrimination and yet say collective bargaining agreements cannot be violated to accommodate religious differences. Again, the employer can normally accommodate the employee with no change to the collective bargaining