details - Public Grievance Board

First Name	Floyd
Last Name	Ference
Decision Date	9/25/2017
Docket Number	2017-2282-BroED
ALJ	RLR
Respondent	Brooke County Board of Education
Employment Type	SERV
Job Title	Custodian
Topics	Termination; Dismissal
Primary Issues	Whether Respondent proved that Grievant engaged in conduct constituting insubordination.
Outcome	Denied
Statutes	W. Va. Code § 18A-2-8; W. Va. Code of St. Rules § 126-162-4
Related Cases	Kanawha County Bd. of Educ. v. Sloan, 219 W. Va. 213, 632 S.E.2d 899 (2006); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); Riddle v. Bd. of Directors/So. W. Va. Comm. Coll., Docket No. 93-BOD-309 (May 31, 1994); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); T.M.D. v. Div. of Highways, Docket No. 2009-1528-CONS (Mar. 10, 2010); Lehman v. Marshall County Bd. of Educ., Docket No. 2011-1046-MarED (Aug. 9, 2011)
Keywords	Termination; Insubordination; Misconduct; Employee Code of Conduct
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a custodian at Wellsburg Middle School. The principal of Wellsburg Middle School made changes to Grievant’s work assignments. Grievant was upset with the changes and confronted the principal to return him to his previous assignments. Subsequently, Grievant made comments to other custodians that if anyone gave him any more work to do, and he could not complete the work, he was going to get a gun and start taking people out as well as anyone related to them. The record established that Respondent proved that Grievant’s credible threats of violence in the workplace constituted insubordination. Termination of Grievant’s employment was an appropriate response by Respondent.

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