Database Search Result Details
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First Name
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Edwin
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Last Name
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Holley
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Decision Date
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1/5/2021
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Docket Number
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2020-0363-MU
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ALJ
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RLR
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Grounds Supervisor
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Topics
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Oral Warning
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Primary Issues
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Whether Respondent had good cause to issue Grievant an oral warning.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(o)
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Related Cases
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Gabbert v. Boone County Bd. of Educ., Docket No. 2017-2029-BooED (Oct. 25, 2017); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991)
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Keywords
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Retaliation; Oral Warning; Misconduct; Inappropriate Language
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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 is employed by Respondent as a Supervisor of Grounds. Grievant challenges a disciplinary action in the form of an oral warning. As a result of a disagreement over where motorcycles could be parked, and with whom this decision rests, Grievant became upset. Grievant’s supervisor observed the outburst. As a result of this and another incident earlier in the day, his supervisor filed the Performance Counseling Statement containing the oral warning. Grievant established a prima facie claim of retaliation; however, Respondent established a non-retaliatory motive. Respondent established that it was appropriate for a supervisor to intercede when an employee is using inappropriate language or is otherwise failing to properly address a tense situation. This grievance is denied.
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