union issues, arbitration, collective bargaining, evidence, safety.

In this consolidated action, officials at Aloha Airlines, Inc., appeal the rulings of two lower courts that affirmed the reinstatements of two dismissed flight attendants. The flight attendants, a crew supervisor and a crew member, were dismissed for violating provisions of the Federal Air Regulations. The pair were part of a crew on a flight that federal regulations required be staffed by four flight attendants. Upon completion of the first leg of the flight, one crew member told the supervisor she was not feeling well. The supervisor instructed her to leave the plane. The flight made the return trip minus one of the mandated four flight attendants. In addition, the supervisor submitted a flight log that indicated the full crew was on board for the return flight. Airline officials dismissed the two flight attendants and informed federal regulators of the violation. The union representing the flight attendants filed a grievance that was submitted for arbitration. An arbitrator ordered the airline to reinstate the flight attendants. Airline officials refused and challenged the arbitrator's ruling.

In separate actions, the U.S. District Court for the District of Hawaii affirmed the arbitrator's ruling concerning the flight attendants. Airline officials now appeal.

The U.S. Court of Appeals for the Ninth Circuit affirmed the rulings of the lower jurisdictions. The appeals court consolidated the cases of the two flight attendants and upheld the arbitration order. The appeals court ruled that the airline failed to prove that the flight attendants' conduct violated public policy.