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Teamsters Local Union 11 v. Abad

Citations: 144 N.J. Super. 239; 365 A.2d 209; 93 L.R.R.M. (BNA) 2791; 1976 N.J. Super. LEXIS 668

Court: New Jersey Superior Court Appellate Division; October 5, 1976; New Jersey; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by the defendants against a trial court judgment that overturned an arbitration award sustaining the termination of an employee, and ordered his reinstatement. The employee, identified as the plaintiff, challenged the arbitration decision by filing a complaint supported by an affidavit from a former warehouse manager, who alleged that he was directed to fabricate a case against the employee. The defendants countered with affidavits denying any misconduct and attributing the termination to the employee’s absenteeism, tardiness, and insubordination. The trial court vacated the arbitration award, citing intentional withholding of production records by the defendants. However, the appellate court found no evidence of defendant misconduct regarding these records and questioned the credibility of the supporting affidavit due to its timing and potential bias. As a result, the appellate court reversed the trial court’s decision, emphasizing the need for a plenary hearing to resolve the conflicting evidence through witness cross-examination. The case was remanded for a full hearing to ensure a fair resolution of the disputed facts.

Legal Issues Addressed

Arbitration Award Vacatur

Application: The trial court vacated the arbitration award based on the conscious withholding of production records, alleged to have been orchestrated by the defendants.

Reasoning: The trial judge vacated the arbitration award, citing a conscious withholding of production records by the defendants.

Credibility and Timing of Affidavits

Application: The appellate court questioned the reliability of Trimboli’s affidavit due to its late submission and potential ulterior motives, suggesting it was unreliable without further examination.

Reasoning: The appellate court found no evidence that Abad was aware of any withheld records and suggested that Trimboli’s affidavit was unreliable, as it was submitted months after the arbitration and after his employment ended, indicating a potential motive to harm his former employer.

Necessity of Plenary Hearing

Application: The appellate court ruled that the trial court erred by not conducting a plenary hearing to resolve conflicting affidavits, which presented contradictory factual assertions.

Reasoning: The appellate court concluded that the trial judge erred by ruling in favor of Dodge without conducting a plenary hearing, as the conflicting affidavits presented contradictory factual assertions.