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Midstate University and Rogers and SPEU, Arbitration File

Midstate University and Rogers and SPEU, Arbitration File

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 the Rules of Employment and Management of the Off Campus Liquor Store 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.

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$38 Add to Cart{"prodid" : "prod15610324", "sku" : "sku4550237", "pubstatus" : "132"}

Publisher: NITA

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ISBN: 9781601561893

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