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PUDS and Brezenski - Arbitration File

This dispute centers around the discharge of Karol Brezenski by Picket Up Delivery Services (PUDS).
Publisher: NITA
Case File :Softbound, 200 pages
$38.00
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In Stock
ISBN: 9781601560636
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 decided in arbitration. PUDS alleges Karol Brezenski violated the attendance and tardiness policy four times in six months, and after a series of progressive disciplines, PUDS terminated Karol Brezenski. Karol Brezenski and the employee's IATW union filed a grievance.

Featured Authors

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]


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


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