As alleged in Petitioners’ complaint, Respondent’s harassing conduct and comments towards Petitioners have included the following:
1. Placing onerous restrictions on taking military leave and arbitrarily attempting to cancel military leave.
2. Respondent’s disapproval and denial of military leave notices.
3. Phone calls to pilots’ homes while off duty in order to question pilots about their military leave.
4. Comments by Respondent’s managerial employees, such as:
• “If you guys take more than three or four days a month of military leave, you’re just taking advantage of the system.”
• “We don’t hire part-time pilots. Their first commitment is to CAL [Continental Airlines].”
• “I’m trying to run a business here, and if you’re only available to me half the time, then I have to hire another half an employee to make up for you.”
• “I used to be a Guard guy, so I know the scams you guys are running.”
• “Continental is your big boss, the Guard is your little boss.”
• “You don’t do anything but protect the state of Michigan against the Canadians” in response to a Michigan Air National Guardsman’s request for military leave.
• “You take too much military leave.”
• “Continental is not happy with many military reservists right now. Short notice orders and short notice requests screw up their staffing formula and any short notice issues (in some cases 50 days notice) will throw a monkey wrench in PBS [preferential bidding system].”
• “You need to choose between CAL and the Navy”

Remember, this was happening at the height of the Iraq/Afganistan wars. And, the courts did not determine this behavior by the company did not happen, only that it didn't matter whether it happened or not. The company lawyers stood proud that day.