MISCONDUCT, Series of incidents, Dangerous environment
CITE AS: McKinstry v State Prison of Southern Michigan, unpublished per curiam Court of Appeals, August 31, 1995 (No. 171336)
Appeal pending: No
Claimant: Valeria D. McKinstry
Employer: State Prison of Southern Michigan
Docket No. B92-23281-123256W
COURT OF APPEALS HOLDING: The claimant was properly determined to be guilty of disqualifying misconduct under Section 29(1)(b) for willful disregard of the employer's interests based on two incidents involving inattention to duty and dereliction of duty in a peculiarly hostile and dangerous environment.
FACTS: The claimant worked as a corrections office from 1987 to 1992. The employer disciplined the claimant three times. In 1990 the employer suspended the claimant for ten days for dereliction of duty and misappropriation of state property. In 1991 the employer suspended the claimant for thirty days for falling asleep in a cell block. The last incident occurred on January 11, 1992. The employer disciplined the claimant for inattention to duty for playing pool in the prison's gym area instead of observing and guarding prisoners. Claimant contended this last incident lasted no more than three minutes and that no prisoners were present at the time.
DECISION: The claimant is disqualified for benefits under Section 29(1)(b).
RATIONALE: The record presented a history or pattern of misconduct which, taken as a whole, jeopardized the safety and security of the claimant, other guards and prisoners.
24, 17, d12: N/A