IN THE MATTER OF: DEBORAH MAY 3 3 1 RR 3 BOX 714 DELBARTON, wv 25670 5.5. No. 234?04-5858 EMPLOYER: MATECREEK SECURITY, INCORPORATED 3 3389 CHARLESTON, wv 25333 AT: LOGAN, WEST VIRGINIA DATE: JANUARY 6, 2006 BEFORE: MARCELLA TOWNSEND CHIEF ADMINISTRATIVE LAW JUDGE BOARD OF REVIEW WORKFORCE West Virginia APPEARANCES: CLAIMANT APPEARED IN PERSON JOHNNY FULLEN, HUMAN RELATIONS, FOR THE EMPLOYER TRANSCRIBED S. JONES Services (740) 377?9411 MAY INDEX I WITNESS EXAMINED BY PAGE DEBORAH MAY JUDGE TOWNSEND 9 JOHNNY FULLEN JUDGE TOWNSEND 39 I I Tug ALJ EXHIBIT ALJ EXHIBIT CLAIMANT EXHIBIT CLAIMANT EXHIBIT CLAIMANT EXHIBIT CLAIMANT EXHIBIT CLAIMANT EXHIBIT CLAIMANT EXHIBIT EMPLOYER EXHIBIT EMPLOYER EXHIBIT inn-D- EXHIBITS LOCATED AT END OF Services (740) 377?9411 The Claimant appealed from the decision of the deputy at Williamson, West Virginia, dated December 5, 2005, which held: "Claimant disqualified from November 13, 2005, to indefinite; left work voluntarily without good cause involving fault on the part of the Employer. Disqualified until Claimant returns to covered employment and has been employed in covered employment at least thirty working days." The Claimant then appealed from the decision of the Administrative Law Judge which held: "The decision of the deputy is affirmed. The Claimant left work voluntarily without good cause involving fault on part of the Employer. She is disqualified from receiving benefits until She returns back to covered employment and works therein at least 30 Services r74n\ working days." JUDGE: This hearing will be recorded and we are now on the record. Today is Friday, January 6, 2006. We?re in Logan, West Virginia. I?m Marcella Townsend, Chief Administrative Law Judge with the Board of Review. This is Case Number 2005?4354. The Claimant is Deborah K. May. She is present in person here today. The Employer is Matecreek Security. They appear by Johnny Fullen, who is with their human relations department. We are here regarding the Claimant's appeal of the deputy's decision Of December 5, 2005, which found the Claimant disqualified from receiving benefits, as the deputy found you left work voluntarily and failed to Show good cause involving fault on part of . 5 Services {1'40} 377?9411 the Employer. The purpose of this hearing is to provide the parties with a full and fair hearing on the appeal taken from the deputy's decision, and to review the legal correctness of that decision. I?ll ask the both of you who are going to testify to please raise your right hand, please. Do you swear or affirm that the testimony you?re about to give will be the truth, to the best of your knowledge? WITNESSES: (All answered in the affirmative.) JUDGE: All right. Thank you. I've marked two documents as exhibits. I marked a copy of the deputy's decision as ALJ Exhibit Number 1 that the Claimant appealed, and then Exhibit 2 is a copy of the fact?finding statement she made here at the 5 Services (740) 377?9411 6 local office when she appealed for benefits. Ms. Mays, did you have a chance to review both of those documents? CLAIMANT: Yes. JUDGE: Do you have any objection to those two documents being made part of the record? CLAIMANT: NO. JUDGE: Thank you. Mr. Fullen, has the Employer reviewed both the deputy's decision and the Claimant's statement? MR. FULLEN: Yes. JUDGE: Do you have any objection to those twom MR. FULLEN: No. JUDGE: mdocuments coming into the record? No objection, ALJ Exhibits 1 and 2 will be admitted. (WHEREUPON, the documents referred to Were marked as ALJ Exhibits Numbers 1 and 2, 5 Services (740) 377-9411 respectively, and received into evidence.) JUDGE: This is a voluntary quit case. Therefore, the issue is whether or not the Claimant quit her job with good cause involving fault on part of the Employer. The Claimant has the burden of proof on this issue. So you?ll go first this morning, and then the Employer will go next. During the course of this hearing, you both have the right to offer testimony, as well as any written evidence in support of your position. You have the right to call witnesses, ask questions of your witnesses, cross-examine the other party, and the other party's witnesses. However, to avoid the unauthorized practice of law, I cannot allow a corporate Services r'lnn\ representative to directly cross? examine witnesses. But after the Claimant is done testifying, if there?s any questions you would like me to ask on the Employer's behalf, I'd be happy to do that for you. Do either of you have any questions for me before we get started; Ms. May, any questions? CLAIMANT: I did bring some extra documents; is that okay? JUDGE: Yes. We'll handle your documents when it?s your turn to testify. Do you have any questions? CLAIMANT: No. JUDGE: Mr. Fullen, any questions? MR. FULLEN: No questions. (Witness Sworn) WHEREUPON, DEBORAH MAY, called as a witness, being first duly sworn to Services (740) 377?9411 tell the truth, testified as follows: EXAMINATION BY JUDGE: Okay. State your name, Ms. May? A. My name is Deborah K. May. I have your dates of employment with Matecreek Security as May 4, 2001, through November 18, 2005, does that sound about right to you? A Yes, ma'am. .And were you a personal maid there? A. Yes. Earning $8.86 an hour? A Yes. Did you quit your job or were you discharged? A I voluntarily quit and gave a two?week notice. Can you tell me what happened? Services (740) 377-9411 10 A Well, the lady at the unemployment office asked me the same question. She said, "What finally made you quit your job?" And I said, "Well, it's not any big thing that?s happened. It's a series of things that have happened over the four and a half years that I worked for him." I didn't personally work for I mean, Matecreek Security signed my checks and paid me my wages, but I never personally worked for any of them at that company. Who did you work for? A I worked for Mr. Blankenship, Don Blankenship. I?m a contract laborer that they hire, and I don't know how they work this out, but anyway, they hire people for Massey or Mr. Blankenship and then they send them to do whatever they want, you know, whomever they're working for. 5 Services (740) 377?9411 11 Were you working as a personal maid in an individual?s home? A Yes, that's how I started. When I was employed or hired, Kevin Barney interviewed me at Raul (phonetic) sales. My job description at that time was for his house. He has a three?story house in Sprigg, and it was just to maintain his laundry and the upkeep of the house and the things of that nature. Later on and I worked an eight? hour day for a long time and never had to work any overtime because I had even time to do everything I had to do. In December of 2002, Mr. Blankenship decides he wants to move to the cabins. He has two business complex cabins in Afflix (phonetic), Kentucky, and they're Services :74n\ 177-0411 12 fairly large complexes. They fired the maid. Her name was Mary Daniels. And he asked me to move them over there, and I moved them over there. He stayed there for six months. Not only did I have that responsibility to be there for him at the cabin, his son, John, was still living at Spriggs. So therefore, I had to, you know, clean and do everything for him at the executive cabin, plus the main cabin's got four bedrooms, which it's got five beds. There's like seven bathrooms in both places, plus I had to still maintain Sprigg. In July of the next year, or in that part of the summerm Of 2003? A. Of 2003. I asked Mr. Blankenship personally face to face if he would give me a raise and he 5 Services (740) 377?9411 13 started talking about the economy and President Bush and I said, "You know, I don?t know anything about President Bush or our economy. You know, it's kind of over my head." I said, "You know", I said, come over here to help you and I'm driving farther. I have more responsibilities on me. I'm still cleaning for Sprigg.? Then we have cabin guests also. They have executives that come in over there, and I've had up to five people at one time. So that's extra work, extra laundry, extra everything. And then in 6/2003, it was sometime before he left, he moved back to Sprigg, and I had to move him back to Sprigg. Well, I still had the two cabins plus Sprigg because they got rid of the maid over there at the cabins. And then some time in 2004, he Services (740) 377-9411 14 got a bus. It's like a big coach bus and it's got the driver's part up front, living room, kitchen, bathroom, wash/dryer, queen size bed, I mean, it's maxed out, you know, really nice, and that was add to me. Then he had the he's got a big four?story house that's at the top of this humongous hill, and that was added on to me as January the lat of this year. And plus, the workload Was so tremendous that I just absolutely run 90 miles an hour every day. I couldn't keep up with anything and it just got to the point where I was unhappy and sick, and I went to the hospital in October. I thought I was having a heart attack. I was just so stressed out. I mean, there's no way I can sit and tell you what I went through in 5 Services (740) 377?9411 15 the last four years with this person, you know. On two different occasions he had physically, which he didn't hurt me, but he did grab my arm. Who's he? A. Mr. Blankenship. Once was on his bus. I was told to go stock his bus and they called me late rush to the store and then come back to the bus. All of the people that they were taking some people to Charleston to some kind of race tournament there, and he just wanted me to put like snacks. I guess if anybody wanted any snacks or drinks or whatever, so I did that. I had some bags and this other guy that was working there at the cabins was helping me get them on the bus and I was trying to put the stuff away and I guess it 5 Services (740) 377-9411 16 embarrassed him or something that we were there and all of those people were on the bus, you know what I'm saying? And he just kind of grabbed my arm like that and kind of pulled me down and he said, "Just leave the bus, you know, just go on out." We don?t I mean, it kind of embarrassed me in front of all these people. Here we was. I had like I don't know how many bags of stuff to put up and they didn't call me and giVe me enough time to go get what he needed or wanted on the bus, and then I was me and him both were, I guess, embarrassed. I don't know. When did that happen? A. I can't remember when that happened. It was sometime in well, the bus came in 2004 I?m thinking. A lot of the dates I don't have down, but it's I mean, I wouldn't 5 Services (740) 377-9411 17 say this if it weren't true. Then right before the Knob got completed, he had an interior decorator. It was still while he was living at the cabin. And she had come over there to, I guess, meet with him over some interior design things for the new home that they were building up on the Knob, and he had asked me to go get him some breakfast. And I went to McDonald's and he said he wanted an egg, cheese biscuit, so I ordered an egg, cheese biscuit and I ordered some other stuff, just a few things for his guest because she was going to be there. When I got back, he must have been in a hurry. I don?t know. But anyway, he sat down at the table. She was sitting to his left and I was over to his right, and I was getting the food out of the 5 Services (740) 377?9411 18 bag, you know, and trying to help him get his breakfast ready and they had messed up the order. And he was real agitated, you know, and he got one biscuit out and it had like an egg, bacon and something. I don?t know what it had on it. And he just started slinging the bacon like this, you know, and it and I thought, well, I just need to leave and get out of his presence because I knew it wasn?t going to be good. So I just put the bag down on the table and Walked around this chair, and as I was walking, he grabbed my wrist and said, "The next time I tell you to buy something, I want you to buy exactly what I tell you to buy. "Any time I tell you to do anything, I Want you to do exactly what I tell you to do and nothing Services (740) 377?9411 19 more and nothing less." And I just said "Yes, sir" and just walked away. And then at the end of it he said, "But you did okay.? I mean, it's like if it wasn't it's a goal for this man to embarrass and humiliate not only me. I've seen him do it to other people, which I can't testify to that because these people are not here to vouch for that. And I hate to speak evil against this man because I really liked my job, but the tasks and the requests were so much and so many that there was no way I could keep up with it. And I asked Harold Osborne, who is the president of Lauren Lands, several times, I said, "Why don't you get me some help? You now, you have Mary over there. We needed two people. We need three people now.? Services (740\ 177?9411 20 And it was I don?t even think he asked Mr. Blankenship if he could hire anybody else. I just really don?t. I think he's afraid of Mr. Blankenship and I justm Did you ever receive any disciplinary letters or warnings that you weren't doing your job? A No. I mean, he would this is how the system worked. If there was something in the house I had overlooked or he thought maybe I Wasn't taking care of, I got messages from his secretary. Most of the communication was between me and her, Sandra Davis. So, you know, if he would leave a message like well, one time in particular there was no ice cream in his freezer. Well, there was ice cream in his freezer but not the type that he was wanting in there, I guess. Every week when I would have to go 5 Services (740) 377?9411 21 to the store for him, I would try to get different things to try to they never gave me a store list like this is what Mr. wants, this is what Mr. likes. It was just you had to just hit and miss. So at the time he was eating mini ice cream sandwiches and cones with the little nuts on them, drumsticks, things of that nature, and I was keeping those stocked. And then one day he just says, "There's no ice cream in my freezer." And he wanted a written explanation on why he did not have any ice cream in his freezer, and I wrote him a note. He said she Sandra called me that morning I said, "Just read to me what he said." And she said that he she was reading off this dictation and it was like, "Why is it everything I ask you to do is Services (740) 377?9411 22 done in mockery and as a joke?" You know, like I was just being mean or something. I don't know why he even said that. And I said I asked Sandra, I said, "Would you please send me a copy? I want that faxed to his house." I want to read this for myself so that when I reply and fax him my message back, he will there won't be no misunderstandings. And she said, no, she couldn't do it. I said, Sandra, I?m requesting that you because she had faxed me other messages too. Like if it was something I wasn't sure about or she wasn't sure about, she would send me the fax at his house and let me read it for myself and make a decision, you know what I'm saying? She wouldn't even send it to me that day. She said, well and then at the end of our conversation she 8 Services (740) 377?9411 23 said, "Well, I may do it later." And I said, well, I'll make I?ll just go ahead and direct this as I feel as necessary and I'll fax it to you. And I think it's in the part that I had faxed tom Okay. Why don't we deal with your written documents now? If you want to go ahead and describe what you've submitted and we'll make them as exhibits and make sure the Employer has a chance to review those. What you indicated that you have some additional documents than what you have provided earlier? A. Well, I just brought in like these are like some time sheets that I had kept personally in a notebook just showing how I just worked like, you know, the eight hours a day. I mean, I don't even know if that?s pertinent, you know what I'm saying? And I did mail a copy of Services I'lfI?\ 24 my check stub. I believe I copied it. I don't want to deal with the time sheets. A. Okay. Why don't Wem A I have faxes too of documentation that I've written down over the years too. Like I saym JUDGE: Let's deal with it one at a time. Claimant's Exhibit 1 is a one?page document of a copy of a time sheet May 28, 2005; do you have that, Mr. Fullen? MR. FULLEN: That was in this packet? CLAIMANT: It should be, yes. JUDGE: The original packet. JUDGE: I'll mark that as Claimant's Exhibit 1. Claimant's Exhibit 2 is a December 5 Services (740) 377-9411 25 22, 2005 letter. MR. FULLEN: Is that it? JUDGE: Yes, sir. I'll mark that as Claimant Exhibit 1. Claimant?s Exhibit 2 is a one?page document from a Dr. J. Timothy Kohari. In this letter he says, "It is my medical opinion that she is temporarily unable to work pending medication adjustment and re?evaluation. I will evaluate her again on 2/2/06." Ms. May, I will advise you that brings up a separate issue of whether you're able and available for full?time work. To receive unemployment compensation benefits you must be able and available for work. For any period of time that you're rendered unablem CLAIMANT: I didn't tell him to write that in there. All I asked is thatm JUDGE: Let me finish. Services (740) 377-9411 26 Have you been released to return to full?time work? CLAIMANT: No. I mean, he hasn't they didn't even tell me I was not even able to work when they put me on this. JUDGE: Okay. I'll mark that as Claimant?s Exhibit 2. MR. FULLEN: That?s from Dr. Kohari? JUDGE: Kohari I guess, yes. Claimant's Exhibit 3 is a handwritten document. At the top it says "Daily Responsibilities 11/5." That's a ten-page document. I see you have that, Mr. Fullen. Claimant's Exhibit 4 is a two? page letter dated July 11, 2005 to Mr. B, and the second page is signed by Ms. May. I think it's before what you're looking at. MR. FULLEN: I've got it. JUDGE: That's Claimant's Exhibit 4. Claimant 5 Services (740) 377?9411 27 Exhibit 5 is a copy of the same letter with handwritten over it, and the second page is signed by Don; is that Mr. Blankenship? CLAIMANT: Yes. JUDGE: That will be Claimant's Exhibit 5. That's two 'pages. And then Claimant's Exhibit 6 there's two pages of copies of photos. What are those supposed to show? CLAIMANT: Those are where he took the coat he pulled the coat hanger and the belts out of the closet. He ripped them out. JUDGE: Why? CLAIMANT: I had forgot to leave a coat hanger to hang his jacket on. When I got to work the next morning all of that stuff was swung all over his closet. I mean, he's got like 50 belts and I don't know how many ties. And the reason behind well, this 5 Services y?qu 28 is the note concerning the letter before that the letter before the coat hangers all that, it says, "Debbie You have or will get a call on why I tore the rack down. I've had three dogs stolen", and it goes on. But he didn?t state the reason why, but when Sandra called me that morning, she said the reason that he tore the coat hanger and rack and stuff all out was that that would be that if I had to fix it and repair it and put everything back, it would be a good reminder that I was not to forgot that hanger in the future. JUDGE: Mr. Fullen, do you have any objections to Claimant's Exhibits coming in? MR. FULLEN: NO. JUDGE: Thank you. They will be admitted. 5 Services mam 177?9411 29 (WHEREUPON, the documents referred to were marked as Claimant?s Exhibits Number 1 through 6, respectively, and received into evidence.) BY JUDGE: Is there anything any other documents you want to submit, Ms. May? A Well, I have a lot of stuff here. You know, I didn't know what to do with it. I had so many faxes. I went through them so much last night that, I mean, it's just even dated back to 2002 was the earliest one. Which I have other documentation of other things, but it's just been harassment by employees, things that have bothered me over the years. And like I told that lady at the unemployment, I said, "You know, I'm stressed out. I cannot do this Services (740) 377-9411 30 job anymore. It's too much for one person. They won't hire any help." And she said, "Well, I can't put that down there. I have to have a definite reason on why you're quitting." I said, "There's not a definite reason on why I'm quitting. It's just a bunch of stuff." I mean, I'm upset. When I read through all of this stuff last night, I was in such turmoil I couldn't hardly go to sleep because, I mean, it?s just like reliving it all over again, you know what I?m saying? But, I mean, the things that I wanted to high point on as far as that, I mean, I don?t know if you want to copy all of this. Well, I'm not going to go back to 2002 as to issues you were not happy with. A Okay. Services (740) 377?9411 31 Why don't you focus on what happened this year that made you feel that you were not treated fairly? A Well, on one occasion probably I can't remember. I think it was in August of this is 2005. Probably it was right after Della Cline (phonetic) first started dating. I can't remember when that was. But Della and Dominic, Dominic is her son, and Don were upstairs in the projector room and the roof had leaked and there was a chair sitting in that room and somebody had moved the chair and where the rain had leaked down through the chair, it had put a square just a perfect square like a rust stain on the carpet. And whoever moved the chair I didn't even know that chair had been moved. Maybe his son did it. Services mild-I 32 I don't know who did it. Anyway, I went it was on Friday evening. I went home. I had worked probably until, I don't know, maybe 6:00. It was late when I got home. I do remember that. Then about 8:30 I had took a bath and put my pajamas on and laid down on the couch and fell asleep. About 8:30 the phone rings and it's security, and my husband answered the phone he said, "Debbie, security wants you to call Mr. Blankenshipthe phone and he said I said, "Mr. Blankenship, what do you need?" And he said, "Well", he said, "Can you honestly tell me what's going on up here in this projector room?" He said, "It looks like somebody has been murdered up here." And I said, "Murdered? What are you talking about?" Services {7403 377?9411 33 He said, don't know." He said, I need, you know, I need for you to come, you know, there's something red on this carpet up here and he said, "It looks like somebody has been murdered." He just kept saying that and I said, "Well, what do you want me to do? It's Friday night." You know, it was almost 9:00 by then. He said, just want you to come down here and give me an explanation on why this is on my carpet." I said, "Well, okay." You know, what else could I do. I said, "Well, it?s going to take me a few minutes. I?m in my pajamas." So I get my clothes on. I drive down to his house, which is probably about, I don't know, 13 miles. And I go upstairs and they're watching TV and when I walk in, Della was kind of at the door standing there for some reason and Services (740) 377?9411 34 I said, you know, "What's going on?" And they showed me the I was explaining, "Well, that's probably where the roof leaked." He said, "Well, when did the roof leak?" And I?m like, I really can't, you know, I don?t have time to sit and write down every time something happens in the day. You just can't do it. It's not feasibly possible to do that. And he said, "Well, was it six months ago, a year ago, two years ago?" I'm like, "I'll say six months ago and that's probably not correct." And a panel had fell out of the top of the ceiling or something or no, a speaker had fell out of the top of ceiling and I was telling, you know, I said, "Well, that had fallen out and I had somebody come and fix it." And he said, "Well, why didn't 5 Services (740) 377?9411 35 you have this, you know, carpet fixed and all of this stuff?" And I said, "Well, you know, I'm not anybody's boss. Who am I to tell somebody to come over and do something about something? You know, I'm just an employee like everybody else." And he said, "Do you mean to tell me that you would rather inconvenience me and my guests here as to inconvenience a co-worker to come and do something to take care of this?" And I?m not, "Well, give me my bossing papers over these other people and I'll make sure the stuff is done." He said, "No, what I ought to do is take you and Vin and James out and stone you to death." And I said, "Excuse me?" And he said, "Yeah", he said, "That's what they used to do back in the old days. They used to stone people to Services n?u?u Anna 36 death." And I said, "Well, if I'm not fired, can I go home now?" And he told me to go home. But I had to clean the carpet all the next day and get all of that out. And it's verbal stuff that has went on over the years. It's not really one big thing. It's just many things. It's added work on top of work, on top of work, on top of work that one person cannot physically do. .All right. Anything else, Ms. May? A On another occasion his girlfriend could not find pancake mix, which there was pancake mix in his house and it was in a cabinet and there was syrup, and he got mad. I guess it embarrassed him because she couldn't find it or whatever. I don't know. But on Services 37 that Monday that I came back to work he made me go out and buy $2,000 worth of groceries and $1,000 worth of pots and pans, which I thought was inhumane because the stuff that they needed was there. It just I don't know if they just didn't look for it, or if they couldn't find it right off. It was just made them ill or whatever. But I would work until 11:00 that night. I had to bring store receipts dated that day for everything I bought, and it tooka had to do all my work that day. When was that? A I don't haVe the date for it either. 2004, 2005? A It's been recent, yes. It's been recent because he didn't start dating Della Cline until probably Services (740) 377?9411 38 sometime in 2004 I'm thinking. I mean, I just don't have a direct date, you know, like to pinpoint that, but it did happen. I mean, I would have to have the store receipts to even get the day. Were you paid overtime when you worked overtime? A. Yes, I was paid overtime. Anything else, Ms. May? A I guess not. JUDGE: Mr. Fullen, are there any questions you would like me to ask Ms. May? MR. FULLEN: No, not I just want to ask you to I've got a couple of things and that's about all I've got. JUDGE: Well, first, do you have any questions for her? MR. FULLEN: NO. (Witness Sworn) WHEREUPON, JOHNNY FULLEN, called as a Services (740) 377?9411 39 witness, being first duly sworn to tell the truth, testified as follows: EXAMINATION BY JUDGE: No, all right. What would you like to present, sir? Well, state your name, first of all? A Johnny Fullen. What would you like to submit? A I've got two exhibits. This is where Debbie had turned in her resignation. See if she recognizes that. JUDGE: Okay. I'll mark this as Employer's Exhibit 1. Are they the same? They're two different things, and then Employer's Exhibit 2 Exhibit 1 is a November 9, 2005 resignation. I'll hand that to Ms. May. And then the other one is a Employer's Exhibit 2 is a Services 177?0111 40 November 10, 2005 letter from you. Did you submit that to the Employer? CLAIMANT: Yes, I did. JUDGE: I'll take that back. Do you have any objection to those documents coming in? CLAIMANT: NO. JUDGE: Thank you. Employer's Exhibits 1 and 2 will be admitted. (WHEREUPON, the documents referred to were marked as Employer's Exhibits Number 1 and 2, respectively, and received into evidence.) JUDGE: Would you like to address some of Ms. May's allegations today? MR. FULLEN: No, because I wouldn't know about any of those. I mean, she the way we set up, like she told you at first, is we hire and put them to work. And I 5 Services rvan\ 177-0411 41 wouldn't know those (background noise). JUDGE: Okay. That beep you hear is my tape is about to run out. Let me turn my tape over, and then I just have a few questions for you. Just a second. Hold on. (WHEREUPON, a break was held in the proceeding.) JUDGE: We?re back on the record in the matter involving Deborah May and Matecreek Security. I simply had to turn the tape over. Will both sides agree we had no discussion about the case off the record, Ms. May? CLAIMANT: Yes, that's true. JUDGE: And Mr. Fullen? MR. FULLEN: That's true. BY JUDGE: Although the Claimant was employed through Matecreek Security, I take it she was on Services (740) 377?9411 42 assignment at Mr. Blankenship's personal residence? A That's correct. What's the policy the Employer has with regards to any complaints an employee may have with regard to their assignment? A Usually, those go through the guy that she had mentioned earlier, Harold Osborne. Okay. What's his position with the company? A. He?s president of Lauren, Land Company, which is part of Massey Energy. And she could probably answer this better than I, but he's over basically the workers that work around the private residents I'm thinking. CLAIMANT: That is true. MR. FULLEN: And just from my talking with him, he's also over a lot of real estate at Massey too. JUDGE: Anything else 5 Services (740) 377-9411 43 you'd like to add today, Mr. Fullen? MR. FULLEN: I would just what surprised me, I was going to call Debbie myself but then I said I would wait since she had presented this thick package for this hearing, this one here. In this her response to the deputy's decision, Debbie was making the statement, "The circumstances causing the quit do not still exist. I am able, available and seeking full-time work." And, of course, I had made the statement to a couple of people, I said, you know, "She stating that she probably would come back to work." And I made that statement to a couple of people around the office and I said, "Well, maybe I ought to call her." Well since then this came in and 5 Services (740) 377?9411 44 I didn't really know what to do. I was going to have someone give her a call to see if she is ready to come back to work. That's not saying that she would go back, but I was just going to find that out. And I needed could you ask Debbie, you've already asked her earlier, but just ask her if what does that statement actually mean? JUDGE: Are you able to return back to work? CLAIMANT: I'm actively seeking employment right now. But the reason I left was to get away from the stress and the treatment that I've had. I mean, it's not all necessarily about pay, but I haven't got any pay raises. I've got one pay raise in four years. JUDGE: Okay. You've answered the question. Now it is his turn to offer testimony. Services (740) 377-9411 45 Anything else, Mr. Fullen? MR. FULLEN: No, that?s all. I just wanted to get that clear so if something comes available, you know, I'll mention in the office that I'll refer to this statement and what you just said in here. CLAIMANT: Can I say one more thing? JUDGE: When it's your turn. JUDGE: Anything else, Mr. Fullen? MR. FULLEN: That's all I have. JUDGE: I know you have additional testimony you want to offer. Before you do that, do you have any questions for Mr. Fullen? CLAIMANT: I did have one question. If the demands were met on the criteria that's in that letter when Harold Osborne asked me what it would take to keep me, if 5 Services (740) 377-9411 46 they could meet those demands, then I would be glad to come back to work. JUDGE: Well, that's more of a statement than a question. Do you have any questions for Mr. Fullen as to what he just testified to? CLAIMANT: I'm sorry. JUDGE: Do you have any questions for him? CLAIMANT: No. JUDGE: Is there anything else you'd like to offer today, Ms. May? CLAIMANT: NO. JUDGE: Anything else, Mr. Fullen? MR. FULLEN: Well, I just have a statement. JUDGE: Go ahead, sir. MR. FULLEN: I will call Mr. Osborne and ask him if he will discuss the pay increase, the Services (740) 377?9411 47 vehicle and medical coverage. I will ask him. JUDGE: Anything else, Mr. Fullen? MR. FULLEN: No. JUDGE: Anything else, Ms. May? CLAIMANT: No. JUDGE: Well, thank you all for coming in. This hearing is now concluded. I'll have a written decision in the mail. It takes about a week to get processed. Thank you. ir-kir-k-k'kir-kir-k-k-k 5 Services (740) 377-9411 48 STATE OF WEST VIRGINIA COUNTY OF KANAWHA, TO-WIT: I hereby certify that the foregoing testimony was taken from a recorded tape and transcribed into the English language to the best of my skill and ability. This, the 25th day of January, Amy S./Jones Services (740) 377?9411