NITA Publications

PUDS and Brezenski - Arbitration File

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.

• >> 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

• >> AUTHORS
  
  
  • John O. Sonsteng
    
    
    • John O. Sonsteng joined the William Mitchell College of Law faculty in 1979 and immediately began working on the college's trial advocacy and other skills courses. With colleague Roger Haydock, he created more than fifty trial skills videotapes and manuals for the National Institute of Trial Advocacy (NITA) and developed the college's lawyering, advocacy and practicum classes. He received his B.A. and J.D. degrees from the University of Minnesota. Professor Sonsteng has played an active role in NITA, serving as a faculty member since 1974, regional director since 1989, and facilitating more than one hundred training sessions for the organization. He is a member of NITA's Program Director's Advisory Committee. His commitment to educating law students and lawyers was recognized by NITA with the 2007 Honorable Prentice H. Marshall Faculty Award. He was the first recipient of the "Advocate" award from the Minnesota State Bar Association for outstanding achievement and contribution to the bar. The National College of Trial Lawyers honored Sonsteng with the Emil Gumpert Award for excellence in teaching trial advocacy. Sonsteng created the NITA's first online Effective Advocate Training Program and recently published the Practicum Series Advocacy Exercises, with NITA, based on the materials he designed for William Mitchell Legal Practicum courses. He co-created William Mitchell's hands-on Business Practice and General Practice Legal Practicum courses and has taught advanced advocacy, criminal law and criminal procedure during his thirty years at William Mitchell. He was recently named director of international programs and is working with students, faculty, and alumni on codifying and expanding Mitchell's international opportunities. Professor Sonsteng was a Fulbright Lecturer in Aberdeen, Scotland and a City Solicitors Education Trust Visiting Professor in Litigation Advocacy at England's Nottingham Law School. He lectures frequently for the Labor Arbitration Institute throughout the United States. He has taught advocacy skills throughout the United States, Canada, Ireland, Northern Ireland, Scotland, Wales, Singapore and Turkey. He has trained lawyers in effective advocacy skills in law firms and companies. Before joining the Mitchell faculty, he served as the elected Dakota County attorney and prior to that was an assistant Hennepin County attorney. He was the president of the Minnesota County Attorney's Association and served on the board of the National District Attorney's Association. He also has served on many public and private boards. In 2010, Sonsteng was named the recipient of the John J. McAulay Legal Educator Award, by the Phi Alpha Delta Law Fraternity, International. The prestigious annual award recognizes an educator whose contribution to legal education epitomizes the fraternity's ideal of a lifetime of dedication to the principles of integrity, compassion, courage, and professional service.

  
  

  • Linda Thorstad
    
    
    • Linda Thorstad has been the administrative coordinator for the business practicum at William Mitchell College of Law since it began in the spring of 2008. She joined the school in 1996 as a faculty publication specialist. Working with John Sonsteng, a professor at Mitchell, Thorstad began co-authoring and developing practicum exercises for the legal practicum and advanced advocacy courses. Again working together, they have since developed and designed the Legal Practicum: Business Practice course and materials. Before joining Mitchell, Thorstad worded as a newspaper advertising representative, a small business owner, a real estate broker, editorial assistant, geography instructor and author. She continues to be a free-lance writer. Thorstad has a B.S. in geography from St. Cloud State University, Minnesota; a M.S. in geography from Western Washington University, Bellingham, Washington; and a Ph.D. in cultural geography and American history from Louisiana State University.

  
  

  • Jennifer W. Miller
    
    
    • Jennifer Miller has been part of the Legal Practice Center for over 10 years. She administers the Legal Practicum: General Practice course, the Advanced Advocacy course, and the Mitchell in London program. Prior to coming to work at William Mitchell, Jennifer worked as an administrative assistant at a law firm, an acute medical center, and a television station. Jennifer received her Bachelor of Arts degree in English from the University of Missouri, Columbia.