Gary A. Simko - Page 3

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               Petitioner and United agreed to a nonbinding mediation                 
          proceeding, held on February 1, 1990.  Prior to the mediation               
          proceeding, petitioner submitted a mediation summary which stated           
          in part:                                                                    
                    [Petitioner] was employed by [United] on a full                   
               time permanent basis starting in May 1985. * * *  The                  
               Personnel Policy Handbook which is relevant to this                    
               case contains several important passages which confirm                 
               that [petitioner's] employment required good cause for                 
               discharge * * *.                                                       
                    Nevertheless, [United] has contested in this                      
               litigation the nature of employment, claiming that                     
               [petitioner] was an at-will employee and could be fired                
               without just cause.                                                    
                    * * * After being hired * * * [petitioner's]                      
               employment continued without incident, and with good                   
               performance in the ensuing months. * * *                               
                    In November of 1985, * * * despite assurances of                  
               continued job security, a great number of people began                 
               losing their jobs.  In each case, [United] * * * had                   
               put together stated reasons or allegations supposedly                  
               justifying the terminations. * * *                                     
                    [United's] alleged reason for terminating                         
               [petitioner], although [United] claims not to have                     
               needed a reason, was that [petitioner] was guilty of                   
               misconduct.  [United] alleges that on July 1, 1986,                    
               [petitioner] got into the wrong truck to go out to do                  
               field work. * * *                                                      
               *       *       *       *       *       *       *                      
                    Analysis of the losses suffered by [petitioner] is                
               being performed currently by an expert, * * * Mr.                      
               Charles Monroe, and it is expected that he may have a                  
               verbal informal and unofficial calculation by the time                 
               of Mediation, concerning the projected losses of                       
               [petitioner] in terms of benefits, back pay and front                  
               pay. * * *                                                             







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