details - Public Grievance Board

First Name	Robert
Last Name	Tribbie
Decision Date	8/10/2018
Docket Number	2018-0861-MasED
ALJ	LRB
Respondent	Mason County Board of Education
Employment Type	SERV
Job Title	Electrician/Goundsman
Topics	Observations; Written Service Person Observation Forms
Primary Issues	Whether Grievant provided that the written service person observations were improper.
Outcome	Denied
Statutes	W. Va. Code § 6C-2-2(l)
Related Cases	Risk v. Hancock County Bd. of Ed., Docket No. 07-15-048 (Oct. 3, 1996); Tribbie and Sayre v. Mason County Bd. of Ed., Docket No. 2018-0548-CONS (April 26, 2018); Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30, 1997); Moreland v. Bd. of Trustees, Docket No. 96-BOT-462 (Aug. 29, 1997); Whiting v. Fairmont State Univ., Docket No. 02-HEPC-335 (Mar. 3, 2003)
Keywords	Observations; Harassment; Hostile Work Environment; Supervisor/Employee Relationship; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	This grievance concerns “Service Personnel Observation” forms issued to Grievant by his supervisor, which documented workplace conduct of Grievant. Grievant contends that the observations are inaccurate, misleading, arbitrary and capricious. Grievant alleges his supervisor’s behavior constitutes harassment and created a hostile work environment. (W. Va. Code 6C-2-2 & 18A-2-12a). The “Observation” are not recognized as disciplinary in nature. Observations of service personnel by his or her supervisor is not abnormal work behavior. Grievant failed to establish that the Observations as written were the result of some misinterpretation or misapplication of established policies or rules governing the county’s service personnel evaluation process. Grievant did not establish by a preponderance of the evidence that he was harassed and subject to a hostile work environment. This Grievance is DENIED.

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