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Like many many other things, we disagree about that.
The lack of a cell phone could come into play in a future civil trial, such as defamation, but it is irrelevant to the union/management labor dispute that is soon to commence.
The key point is whether Brady destroyed something that Wells was entitled to get. There is no CBA specification that personal cell phones be shared, thus Wells had no business asking for it. The only other way, besides CBA provisions, that it could be considered spoilage is if Brady was warned in advance, specifically, that he would face a certain punishment if the cell phone was not provided. That did not happen, according to the Minnesota filing. Wells was simply asking for Brady's personal property. It would be no different than Wells asking to take his car, his home, or his boat. Brady can do with Brady's property as he pleases, including sharing it, not sharing it, or running over it with a bulldozer.