Teamsters local 618 filed a grievance on Cloutier behalf, but Gojet refused to arbitrate. The matter went to arbitration and the arbitrator ruled that Gojet was required to arbitrate. Despite the ruling, Gojet still refused to arbitrate. Cloutier's time to file suit on his statutory claims was limited so he filed suit. GoJet moved to have the suit dismissed claiming that Cloutier was required to arbitrate the statutory violations, despite the fact that it had refused to arbitrate. Judge Der Yeghiayan ruled with Cloutier that the CBA did not "clearly and unmistakably" require statutory claims to be arbitrated as would be required.
GoJet had also argued that Cloutier had not followed its policy to request leave. The "policy" if it could be called that, was posted on its website and even the Chief Pilot testified he did not know it was there. The policy directed employees to contact the Human Relations Department to request leave, yet Gojet has never had a Human Relations Department. The Appellate Court pointed out that it was impossible for an employee to request FMLA leave under the "policy".
GoJet also argued that Cloutier was not justified at rejecting GoJet's offer of reinstatement that came 3 years after his termination. The former Chief Pilot, then VP of Ops, now first officer at Atlas, Randy Bratcher testified at trial that they could have given him one simulator ride, a check ride, and then have him out flying the line and that he would not need to go through training again, despite the 3 years away, and despite all the changes in procedures.(How dare the jury and the judge not believe Randy?)
The appellate court not only rejected each and every argument that GoJet put forth, it granted Cloutier's cross-appeal and sent it back to the district court with instructions to recalculate the front pay award in a more favorable method for Cloutier. The original judgment for Cloutier was over 700,000 in lost pay, lost future pay, liquidated damages, and attorney fees.