Everything done was done within the constraints of the contract. The union has nothing they can do due to the company following the contract to a "T". Its very sad that these pilots did not make it through on their upgrade with the current way the industry is. However the contract states clearly you will be given "x" amount of attempts. With the on goings of CAL3407 and the Captain involved the pressue is on the company, and they are given the power within the contract to deal with those who failed "at their discretion." The company decided their discretion after failures on their rides meant termination. Many of those who failed would have now failed three different rides. Two times during their first attempt, and after 6 months this last attempt.