Database Search Result Details
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First Name
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Bobby
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Last Name
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Pauley
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Decision Date
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8/26/2019
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Docket Number
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2019-1394-KanED
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ALJ
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BTC
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Custodian
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to suspend Grievant.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-2-8
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Related Cases
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Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Syl. Pt. 3, Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Bd. of Educ. of the County of Gilmer v. Chaddock, 183 W.Va. 638, 640, 398 S.E.2d 120, 122 (1990); Fox v. Bd. of Educ. of Doddridge County, 160 W.Va. 668, 672, 236 S.E.2d 243, 246 (1977); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997)
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Keywords
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Suspension; Misconduct; Willful Neglect of Duty; Insubordination
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant was employed by Respondent as a Custodian III at Dunbar Primary School. Grievant was suspended without pay and then terminated from employment for insubordination and willful neglect of duty for purposely overflowing a sink, turning the boilers off, and shutting off the gas to the school. Respondent failed to prove Grievant overflowed the sink or shut off the gas. Grievant admitted he turned the boiler off and on in an attempt to reset it to get the heat working and that he had never been instructed not to do so. Operating and making minor repairs to the heating and cooling system was part of Grievant’s job description. Respondent failed to prove this action was insubordination or willful neglect of duty. Accordingly, the grievance is granted.
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