This was introduced as authorized as a continuing record when, in fact, as indicated above a of the records were missing although the chart did not show that. There is nothing before us to suggest that Abad knew there was a withholding of records. Trimboli did not come forward with this information until four months after the arbitration hearing and until after he had been discharged from his abas with defendants and had a motive for injuring his former employer.
George Abad, a principal in the company told me, "we have to start building a case against Frank Dodge. Nothing suggests that Trimboli conveyed this information to Abad or to anyone else in the company.
As a result of that directive, I started to gather data from the production record of Frank Dodge and found that about half of the daily production sheets were missing. Abad, who ran General Trading Company Inc. District Judge Katherine S.
Plaintiff's complaint and order to show cause, in which he sought an order vacating the award of the arbitrators, was supported by an affidavit of Salvatore Trimboli, who testified on behalf of the defendants at the arbitration hearing. The affidavit of Trimboli, in effect, constitutes recanting testimony with all its inherent unreliability.
Teamsters local union #11 v. abad
Defendants' motion for dismissal of plaintiff's complaint was supported by an affidavit of George Abad in which he categorically denied making the statement ascribed to him in paragraph 4 of the affidavit of Trimboli. Defendants also filed an affidavit of John Wade, the nightshift supervisor while Dodge was employed, in which affidavit Wade stated he was one of the witnesses who testified at the arbitration hearing on behalf of defendants, gekrge he testified as to Dodge's absenteeism, tardiness and insubordination, and that the discharge of Dodge was based on "absences, tardiness, poor attitude and poor performance.
Moreover, even if the records were incomplete, it is not clear that defendants wilfully caused them to be so. The affidavits submitted by the parties project conflicting factual assertions from which contradictory inferences and conclusions may be drawn. Reversed and remanded for a plenary hearing.
Defendants appeal from a judgment which 1 set aside an arbitration award that sustained the discharge of plaintiff Dodge by his employer, defendants herein, and 2 ordered that Dodge be reinstated to his employment. All rights reserved About Us.
Alpine businessman is sentenced for tax evasion
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We conclude that it was error for the trial judge to enter judgment for plaintiff without a plenary hearing. As part of the sentence handed down Thursday by U. The Trimboli affidavit indicates that he gathered the production records and that he discovered them to be incomplete. This affidavit re: 1.
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The circumstances surrounding the production of Trimboli's affidavit are such as to cast doubt upon its reliability. Therefore, when I testified concerning the production level to be attributed to Frank Dodge, I did not have a complete set of records upon which I could rely and when I stated that his production was below the records attributable to other employees I did so based upon incomplete records and because I was under pressure from Mr.
State v. I was a principal witness for the employer at the arbitration hearing concerning the discharge of Mr. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. Carter, N. I ignored that they were missing and drew conclusions from those records which were available.
He is making too many waves for the company and qbad more than a troublemaker. Therefore, the failure of Abad to deny the assertion concerning incomplete records does not, standing alone, justify an inference unfavorable to defendant.
He is to surrender Jan. Such a conclusion is not warranted on this record. Abad to find any possible geogge I could to sustain the discharge of Mr.
The procedural history and relevant facts are detailed in the opinion of the trial court reported at N. I am fully familiar with all the facts relating to the discharge by the employer of Frank Dodge, Jr. I was in charge of all shifts of employees and everyone at the warehouse, including all foremen and employees were under my general supervision. By The Associated Press An Alpine wholesale food distributor has been sentenced to six months in prison for tax evasion.
A full hearing is required wherein the testimony of the witnesses will be subjected to the searching inquiry of cross-examination.
We have to find reasons to fire him. At the hearing I produced a chart which indicated the production records for several employees including Frank Dodge for a period of several months. At the beginning of August,Mr. Seventy-one-year-old George Abad Sr.