Bischoff, Morgan and Collester.
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.
The procedural history and relevant facts are detailed in the opinion of the trial court reported at 135 N.J. Super. 552 and will not be restated.
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. This affidavit reads:
1. I reside at 22 Brandywine Road, Fords, New Jersey 08863.
2. Beginning September, 1969 until January 24, 1975, I was the warehouse manager for the defendant company General Grocery Warehouse Co. I was in charge of all shifts of employees and everyone at the warehouse, including all foremen and employees were under my general supervision.
3. I am fully familiar with all the facts relating to the discharge by the employer of Frank Dodge, Jr. I was a principal witness for the employer at the arbitration hearing concerning the discharge of Mr. Dodge.
4. At the beginning of August, 1974, Mr. George Abad, a principal in the company told me, "we have to start building a case against Frank Dodge. He is making too many waves for the company and nothing more than a troublemaker. We have to find reasons to fire him."
5. 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. I ignored that they were missing and drew conclusions from those records which were available. 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. Abad to find any possible basis I could to sustain the discharge of Mr. Dodge. At the hearing I produced a chart which indicated the production records for several employees including Frank Dodge for a period of several months. This was introduced as authorized as a continuing record when, in fact, as indicated above a number of the records were missing although the chart did not show that.
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, that he testified as to Dodge's absenteeism, tardiness and insubordination, and that the discharge of Dodge was based on "absences, ...