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Brezenski v. PUDS - Trial File

This dispute centers around the discharge of Karol Brezenski by Picket Up Delivery Services (PUDS).
Publisher: NITA
Case File :Softbound, 205 pages
$38.00
Quantity
In Stock
ISBN: 9781601562104
Publisher: NITA
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Product details

This dispute centers around the discharge of Karol Brezenski by Picket Up Delivery Services (PUDS). Karol Brezenski, an employee of PUDS, is a member of the International Association of Transport Workers (IATW). Under the terms of the collective bargaining agreement between PUDS and the IATW, the company instituted an attendance and tardiness policy. Under the terms of the collective bargaining agreement, the employee has elected to have the matter heard by a judge or jury. The dispute will be resolved by a court/jury trial.

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Table of Contents

CONTENTS

Directions for Determining Dates, Ages and Applicable Law

Procedural and Factual History
       Introduction
       Issues Raised
       Witnesses
       Party and Witness Depositions and/or Statements
       Exhibits and Documents

The Facts
       Detailed Timeline of Significant Dates
       Memo from Juliette Nelson-Picket, VP to PUDS Employees
       Collective Bargaining Agreement between PUDS and IATW
       Metropolitan News [Picket Up Delivery Services Announces New Hire]
       Memo from A.M. Wexler, HumRes Director to PUDS Employees
       Notice on A.M. Wexler, HumRes Director's Office Door
       E-mail from A.M. Wexler, HumRes Director to Homer Picket, President
       E-mail from Juliette-Nelson Picket, VP to A.M. Wexler, HumRes Director
       E-mail from A.M. Wexler, HumRes Director to Sandi Martinez, CFO
       Memo from Sandi Martinez, CFO to A.M. Wexler, HumRes Director [Financial Report Last Three Fiscal Years]
       E-mail from A.M. Wexler, HumRes Director to Juliette Nelson-Picket, VP
       E-mail from Juliette Nelson-Picket, VP to A.M. Wexler, HumRes Director
       E-mail from A.M. Wexler, HumRes Director to Ashley Dover, Union Steward
       E-mail from Ashley Dover, Union Steward to A.M. Wexler, HumRes Director
       E-mail from A.M. Wexler, HumRes Director to Juliette Nelson-Picket, VP
       Attendance and Tardiness Policy
       Memo from L.T. Marino, Managing Supervisor to Employee Personnel File [Karol Brezenski--First Violation noted]
       Memo from L.T. Marino, Managing Supervisor to Employee Personnel File [Karol Brezenski--Second Violation noted]
       Letter of Reprimand from A.M. Wexler, HumRes Director to Karol Brezenski [Second Violation]
       Memo from A.M. Wexler, HumRes Director to Karol Brezenski [Second Violation]
       Affirmation of Receipt of Information Re: Attendance and Tardiness Policy
       Memo from L.T. Marino, Managing Supervisor to A.M. Wexler, HumRes Director [Third Violation]
       Memo from A.M. Wexler, HumRes Director to Karol Brezenski [Third Violation]
       E-mail from Ashley Dover, Union Steward to A.M. Wexler, HumRes Director [Third Violation]
       Notice of Suspension to Karol Brezenski from A.M. Wexler, HumRes Director [Third Violation]
       Memo from L.T. Marino, Managing Supervisor to A.M. Wexler, HumRes Director [Fourth Violation]
       Termination Letter from A.M. Wexler, HumRes Director to Karol Brezenski
       Summary of Employee, Karol Brezenski, Evaluation Records
       Memo from A.M. Wexler, HumRes Director to Homer Picket, President and Juliette Nelson-Picket, VP
       Memo from Juliette Nelson-Picket, VP to A.M. Wexler, HumRes Director
       IATW Grievance Form
       E-mail from B. Ellis to A.M. Wexler
       Metropolitan News [First Firing under New Policy at PUDS]

Pleadings
       Summons
       Complaint
       Answer

Statements
       For the Employer:
             Human Resources Director, A.M. Wexler
             PUDS Managing Supervisor, L.T. Marino

       For the Union and Employee:
             Employee, Karol Brezenski
             Employee's Spouse, Chris Brezenski
             IATW Union Steward and Lead Worker, Ashley Dover

Expert Reports
             For IATW: Carey Garstead, PhD
             For PUDS: Kim Bolander, MD

Appendices
       Appendix A: Directions
             Burden of Proof
             Order of Presentation and Rules of Evidence
             Suggested Time Schedules
             Expert Witnesses
             Negotiation and Mediation

       Appendix B: Some "Just Cause" definitions
       Appendix C: Employer's Statement of Case (PUDS)
       Appendix D: Employee's Statement of Case (IATW & Karol Brezenski)
       Appendix E: Memo to Senior Partner—Preliminary Legal and Strategic Analysis—for Employer
       Appendix F: Memo to Senior Partner—Preliminary Legal and Strategic Analysis—for Employee
       Appendix G: Summary of Statutes Cited
       Appendix H: Summary of Cases Cited
       Appendix I: Jury Instructions and Special Verdict--Trial (Court/Jury)

Exhibit List [Exhibits located on CD]

Exhibit 1: Collective Bargaining Agreement (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 2: Notice on A.M. Wexler, HumRes Director's Office Door (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 3: E-mail from A.M. Wexler, HumRes Director to Homer Picket, President (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 4: E-mail from Juliette-Nelson Picket, VP to A.M. Wexler, HumRes Director (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 5: E-mail from A.M. Wexler, HumRes Director to Sandi Martinez, CFO (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 6: Memo from Sandi Martinez, CFO to A.M. Wexler, HumRes Director (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 7: E-mail from A.M. Wexler, HumRes Director to Juliette Nelson-Picket, VP (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 8: E-mail from Juliette Nelson-Picket, VP to A.M. Wexler, HumRes Director (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 9: E-mail from A.M. Wexler, HumRes Director to Ashley Dover, Union Steward (Witnesses: A.M. Wexler, Ashley Dover)

Exhibit 10: E-mail from Ashley Dover, Union Steward to A.M. Wexler, HumRes Director (Witnesses: A.M. Wexler, Ashley Dover)

Exhibit 11: E-mail from A.M. Wexler, HumRes Director to Juliette Nelson-Picket, VP (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 12: Attendance and Tardiness Policy (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 13: Memo from L.T. Marino, Managing Supervisor to Employee Personnel File [Karol Brezenski—First Violation noted] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 14: Memo from L.T. Marino, Managing Supervisor to Employee Personnel File [Karol Brezenski—Second Violation noted] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 15: Letter of Reprimand from A.M. Wexler, HumRes Director to Karol Brezenski [Second Violation] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 16: Memo from A.M. Wexler, HumRes Director to Karol Brezenski [Second Violation Meeting] (Witnesses: A.M. Wexler, Karol Brezenski, Ashley Dover)

Exhibit 17: Affirmation of Receipt of Information Re: Attendance and Tardiness Policy (Witnesses: A.M. Wexler, Karol Brezenski, Ashley Dover)

Exhibit 18: Memo from L.T. Marino, Managing Supervisor to A.M. Wexler, HumRes Director [Third Violation] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 19: Memo from A.M. Wexler, HumRes Director to Karol Brezenski [Third Violation] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 20: E-mail from Ashley Dover, Union Steward to A.M. Wexler, HumRes Director [Third Violation] (Witnesses: A.M. Wexler, Ashley Dover, Karol Brezenski)

Exhibit 21: Notice of Suspension to Karol Brezenski from A.M. Wexler, HumRes Director [Third Violation] (Witnesses: A.M. Wexler, Karol Brezenski, Ashley Dover)

Exhibit 22: Memo from L.T. Marino, Managing Supervisor to A.M. Wexler, HumRes Director [Fourth Violation] (Witnesses: A.M. Wexler, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 23: Letter of Termination from A.M. Wexler, HumRes Directorto Karol Brezenski (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 24: Summary of Employee, Karol Brezenski, Evaluation Records (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 25: Memo from A.M. Wexler, HumRes Director to Homer Picket, President and Juliette Nelson-Picket, VP (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 26: Memo from Juliette Nelson-Picket, VP to A.M. Wexler, HumRes Director (Witnesses: A.M. Wexler, Juliette Nelson-Picket)

Exhibit 27: IATW Grievance Form (Witnesses: A.M. Wexler, Karol Brezenski, Ashley Dover)

Exhibit 28: Picket Up Delivery Services' Bulletin Board (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 29: A.M. Wexler, HumRes Director's Office-Desk Area (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 30: Jar on A.M. Wexler, HumRes Director's Desk (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Exhibit 31: Fish Screen Saver on A.M. Wexler, HumRes Director's Computer (Witnesses: A.M. Wexler, Juliette Nelson-Picket, L.T. Marino, Karol Brezenski, Ashley Dover)

Learning Materials [on CD]
       Planning Guide and Checklist
             Section 1. General
             Section 2. Negotiation
             Section 3. Mediation
             Section 4. Discovery
             Section 5. Motions/Oral Argument
             Section 6. Trial (Court / Jury)—Arbitration

Learning Objectives Trial (Court/Jury)—Arbitration

             Depositions
             Negotiation
             Mediation
             Motions/Oral Argument
             Expert Witnesses