1. Should the docking pilots be classified as supervisors and thus excluded from participating in a bargaining unit for purposes of collective bargaining? Explain your reasoning. The union sought to become the exclusive bargaining representative for a group of five harbor pilots employed by Pacific Coast Docking Pilots (the Employer). The Union won a National Labor Relations Board (NLRB)–supervised secret ballot election by a vote of 5-0. The employer refused to recognize and bargain with the union in an effort to force a federal court to determine if the five harbor pilots who composed the bargaining unit were supervisors or employees. The Union filed an unfair labor practice against the Employer for a refusal to bargain in good faith. The Board granted summary judgment in favor of the Union, which the Employer then appealed to a federal court of appeals for review.