Guy KINOSHITA and Ronald Nakashima, Plaintiffs-Appellants, v. CANADIAN PACIFIC AIRLINES, LIMITED, Et Al., Defendants-Appellees

Plaintiffs Guy Kinoshita and Ronald K. Nakashima appeal the judgment, entered after trial to the court, in favor of defendant Canadian Pacific Airlines (CP Air). Plaintiffs contend the district court erroneously held that CP Air’s Employee Rules did not constitute a binding contract and erroneously held that CP Air’s discharge of the plaintiffs did not violate public policy. Having certified the first issue to the Hawaii Supreme Court, we now affirm in part, reverse in part, and remand.

BACKGROUND

Plaintiffs Kinoshita and Nakashima worked as part-time passenger agents for defendant Canadian Pacific Airlines (CP Air) at Honolulu International Airport and also worked part-time for World Airways. In 1978, after both plaintiffs had started working for CP Air, CP Air promulgated and distributed a memorandum for all agents, ground hostesses, clerical employees, and station attendants in the United States. The memorandum, promulgated in an effort to defeat a unionization attempt, is referred to as the “Employee Rules.” In 1979, in an effort to defeat a second unionization attempt, CP Air distributed another memorandum to its employees stating that “our written employment agreements…