Rogers v. Midstate University, Trial File

This dispute centers around the discharge of an employee, Pat Rogers, by Midstate University.
Publisher: NITA
Case File :Softbound, 157 pages
$38.00
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ISBN: 9781601561169
Publisher: NITA
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This dispute centers around the discharge of an employee, Pat Rogers, by Midstate University. Pat Rogers is a member of the State Professional Employee Union (SPEU). Under the terms of the Collective Bargaining Agreement between Midstate University and State Professional Employee Union (SPEU), the University installed the Rules of Employment and Management of the Off Campus Liquor Store, which governed the employment of Pat Rogers. The University alleges Pat Rogers violated those rules by knowingly selling alcohol to an intoxicated person and terminated Rogers. The employee's union (SPEU) filed a grievance on behalf of the employee.

The liquor store and its proceeds were a gift to the University. About eight months ago, after the gift was accepted and the University had taken possession of the liquor store, Midstate University advertised for a manager for the store. Pat Rogers, a single parent of two young children, answered the ad. Rogers was the successful owner of a small chain of bagel/coffee shops near campus and in some of the trendy shopping areas. Although successful in the bagel business, Rogers wanted a more stable life, wanted to be able to have more time with the children, and found the benefits of the University system very attractive. Rogers sold the bagel/coffee businesses and began employment eleven months ago.

On the day in question, Pat Rogers was working alone in the liquor store. Rogers acknowledges selling a bottle of liquor to Professor Erik Tolefson, a retired Midstate University professor. Rogers said Tolefson did not appear intoxicated. Midstate University Police Chief, M. J. Troy, watched Tolefson when he entered the liquor store and thought he was drunk. After Tolefson left the store, Troy administered three field sobriety tests to him which Tolefson failed. Troy also administrated a breath test to Tolefson and learned he had a .12 percent blood alcohol level. After reviewing Troy's report, the president of Midstate University fired Rogers.

The parties have agreed that the issue is whether the employee was discharged for just cause. The Union has requested an expedited arbitration hearing pursuant to Article 28 of the Collective Bargaining Agreement. The terms of the Collective Bargaining Agreement permit the employee to bypass arbitration and elect to have a trial before a judge or jury. Pat Rogers has chosen to bypass arbitration and have a trial.

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

Letter from Lester Evansvold (Midstate University President) and Francis Jilek (SPEU President) to all Midstate University Employees

Collective Bargaining Agreement

Metropolitan News [University Sells Soul for Alcohol Money]

Metropolitan News [Opponents of Liquor Store Gift: Shame on 'U'!]

Metropolitan News [Want Ad]

Pat Rogers's Job Application Letter

Pat Rogers's Resume

Letter of Hiring from Alex Margolis

Rules of Employment and Management of the Off Campus Liquor Store

Six-Month Probationary Period Job Review for Pat Rogers

Initial Report of Chief of Police, M. J. Troy

Attached Exhibits and Photographs

Letter from Pat Rogers to President D. Laterno

Termination Letter from President D. Laterno to Pat Rogers

Metropolitan News [Liquor Store Manager Fired for Selling Booze]

SPEU Grievance Form

Letter from Pat Rogers to President D. Laterno

Letter from President D. Laterno to Pat Rogers

Follow-Up Report by Chief M. J. Troy and Follow-Up Incident Diagram

Letter from Pat Rogers to Union Advocate

Letter from President D. Laterno to Attorneys Representing Midstate University

Letter from Pat Rogers to President Laterno re Electing a Trial


Pleadings--Summons, Complaint, and Answer (Trial (Court/Jury))


Appendices


Appendix A: Directions

Burden of Proof

Court or Jury Trial

Order of Presentation and Rules of Evidence

Court or Jury Trial

Suggested Time Schedule

Court Trial

Jury Trial

Expert Witnesses

Negotiation and Mediation


Appendix B: Some Just Cause Definitions


Appendix C: Employer's Statement of Case (Midstate University)


Appendix D: Employee's Statement of Case (Rogers)


Appendix E: Memo to Senior Partner--Preliminary Case Analysis--for Employer


Appendix F: Memo to Senior Partner--Preliminary Case Analysis--for Employee


Appendix G: Summary of Statutes Cited


Appendix H: Summary of Cases Cited


Appendix I: Jury Instructions (Just Cause)


Exhibits List [Exhibits located on CD]


Exhibit 1: Collective Bargaining Agreement--Article 28


(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 2: Metropolitan News [University Sells Soul for Alcohol Money]

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 3: Metropolitan News [Opponents of Liquor Store Gift: Shame on 'U'!]

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 4: Metropolitan News [Manager Wanted--Want Ad]

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 5: Rogers's Application Letter

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 6: Rogers's Resume

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 7: Letter of Hiring from Alex Margolis

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 8: Rules of Employment and Management of the Off Campus Liquor Store

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 9: Six-Month Probationary Period Job Review for Pat Rogers

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 10: Incident Report of Chief of Police, M. J. Troy

(Witnesses: Police Chief Troy and President D. Laterno)


Exhibit 11: Photograph of Tolefson's Receipt of Purchase from Off Campus Liquor Store

(Witness: Police Chief Troy)


Exhibit 12: Photograph of Tolefson's Bottle of GlenLucy in Bag

(Witness: Police Chief Troy)


Exhibit 13: Photograph of Tolefson's Bottle of GlenLucy in Bag
(Witness: Police Chief Troy)


Exhibit 14: Photograph of Tolefson's Bottle of GlenLucy

(Witness: Police Chief Troy)


Exhibit 15: Letter from Pat Rogers to President D. Laterno

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 16: Termination Letter from President D. Laterno to Pat Rogers

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 17: Metropolitan News [Liquor Store Manager Fired for Selling Booze]

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 18: SPEU Grievance Form

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 19: Letter from Pat Rogers to President D. Laterno

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 20: Letter from President D. Laterno to Pat Rogers

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 21: Follow-Up Report by Chief M. J. Troy

(Witnesses: Police Chief Troy and President D. Laterno)


Exhibit 22: Follow-Up Incident Diagram Prepared by Police Chief, M. J. Troy

(Witnesses: Pat Rogers, Police Chief Troy and President D. Laterno)


Exhibit 23: Letter from Pat Rogers to Union Advocate

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 24: Letter from President D. Laterno to Attorneys Representing Midstate University

(Witnesses: Pat Rogers and President D. Laterno)


Exhibit 25: Letter from Pat Rogers to President Laterno re Electing a Trial

(Witnesses: Pat Rogers and President D. Laterno)


Learning Materials


Planning Guide and Checklist

General

Negotiation

Mediation

Discovery

Motions / Oral Argument

Trial (Court/Jury)--Arbitration


Learning Objectives


Trial (Court/Jury)--Arbitration

Depositions

Negotiation

Mediation

Motions / Oral Argument

Expert Witnesses