Warrell v. Iowa Dept. of Job Service, 83-824

• Decision Date: 06 September 1984
• Docket Number: No. 83-824,83-824
• Citation: 356 N.W.2d 587
• Parties: Gary W. WARRELL, Petitioner-Appellee, v. IOWA DEPARTMENT OF JOB SERVICE and Armstrong Rubber Co., Respondents-Appellants.
• Court: Iowa Court of Appeals

Page 587

356 N.W.2d 587

Gary W. WARRELL, Petitioner-Appellee, v. IOWA DEPARTMENT OF JOB SERVICE and Armstrong Rubber Co., Respondents-Appellants.

No. 83-824.

Court of Appeals of Iowa.

Sept. 6, 1984.

Walter F. Maley, Blair H. Dewey, and Edmund Schlak, Jr., Des Moines, for respondents-appellants.

Helen L. Stirling, Des Moines, for petitioner-appellee.

Heard by SNELL, P.J., and SCHLEGEL and SACKETT, JJ.

SNELL, Presiding Judge.

This case involves a question of entitlement to unemployment benefits. Claimant, Gary W. Warrell, was employed as a tire builder by Armstrong Rubber Company. He began employment in 1968 and was fired January 26, 1982. His last three years were marked by confrontations with the employer. On September 1, 1978, Warrell was suspended for three months and placed on probation for one year for "actions ... completely outside the realm of acceptable and prudent behavior," with reinstatement conditioned on counselling with a psychologist. On July 24, 1981, he was suspended for 7.5 days and placed on probation for one year for numerous and frequent violations, among which were "serious physical harm to an employee, threats of violence, intimidation, coercion, and many incidents of wasting time for various reasons." Warrell agreed to immediately comply with supervisors in matters of temporary transfer, reassignment, or pay status change, and if questions arose, to follow the grievance procedure in accordance with the collective bargaining agreement at a time deemed appropriate by the supervisors. It was expressly stated that any violations of the foregoing conditions of employment might result in discharge.

On October 6, 1981, Armstrong Rubber imposed a 5.8-day suspension and extended Warrell's probationary period to one year from that date in lieu of discharge. This suspension and extension of his probationary period resulted from Warrell's failure to comply with item 2 of the July 24, 1981, Memo of Understanding--Conditions of Employment, as well as intimidation of supervisors and other employees. Item 2 pertained to complying with supervisor's instructions. The October 6, 1981, memorandum of understanding was signed by Warrell and Armstrong Rubber officials. It stated that the extended period of probation was agreed to by the company for the sole purpose of demonstrating the company's going "the extra mile" in an intolerable situation.

The events leading to Warrell's discharge occurred on January 22, 1982. Warrell had worked about three hours at his machine producing 55 tires. His supervisor, David Kirkpatrick, told him at about 6:25 p.m. that his machine would be shut down and because he was the junior man he would be switched to machine 38 in a different department. As soon as Warrell arrived in the new department, he asked his new supervisor, Mr. Bolander, for permission to see the nurse because his foot hurt. His foot had a collapsed arch which had been aggravated by his bowling the night before. Warrell wanted to go home. The nurse told him she could not give him permission to go home but would speak to the foreman on his behalf. Both supervisors were informed of Warrell's complaint. His regular supervisor, Kirkpatrick, confirmed that his production seemed unaffected by any foot injury. Warrell was ordered by the supervisors to go to work. Shortly thereafter, the new supervisor, Bolander, called Kirkpatrick to tell him that Warrell wouldn't work and was sitting in the break area. Kirkpatrick and Harold Huddleston, a union official, proceeded to the break area where they found Warrell. Warrell complained that his foot hurt, he was unable to build tires and wanted to go home. Kirkpatrick told Warrell he had checked his production to that point and found it was pretty decent. He then left so that Huddleston could talk privately with him. When he returned, Warrell was still maintaining that he couldn't work. Kirkpatrick then went to get a copy of the company rules and upon returning found Warrell, Bolander, and Huddleston at machine 38. Kirkpatrick addressed Warrell three times by name before his presence was acknowledged. Kirkpatrick then read Rule 25 aloud which provided that a failure to comply with reasonable instructions could result in discharge. This was the same rule that Warrell violated in October, 1981, which resulted in his one-year suspension being extended to another year from that date. Warrell began to take out his tools. As he was doing this he became very aggravated and began to tremble. He then turned to Kirkpatrick and said, "Get the fuck out of my sight," followed by, "Get the fuck out of my sight, please" (Warrell's version), or "Get out of my sight, you fucking son of a bitch" (Kirkpatrick's version). Kirkpatrick told Warrell to calm down. Warrell said he couldn't, told him to "get the fuck out of my sight" again, after which Kirkpatrick left. Warrell was allowed to finish his shift but was suspended the next day for violating the terms of his July 24, 1981, and October 6, 1981, probationary agreements.

The hearing officer of the Iowa Department of Job Service agreed with the claims deputy that Warrell was disqualified for unemployment benefits. He held that claimant was guilty of misconduct, citing section 96.5(2)(a), Iowa Code, and section 370-4.32(1), Iowa Administrative Code. The...