[nfbmi-talk] boone arbitration decision

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Wed May 25 18:19:09 UTC 2011


For those who have difficulty with the internet or pdf documents here is the arbitration ruling:

American Arbitration Association 

Voluntary Labor Arbitration 

In the Matter of the Arbitration Between: 

CHRISTINE BOONE 

Appellant, 

Table with 3 columns and 2 rows-and 

AAA No.: 

Issue: 

Grievant: 

Arbitrator: 54 390 00896 10 

Discharge 

Christine Boone 

Michael P. Long MICHIGAN DEPARTMENT OF 

ENERGY, LABOR & ECONOMIC GROWTH 

Appellee,

 

Table end________________________________________________________/

BACKGROUND

An arbitration tribunal was convened according to the Voluntary Labor Arbitration 

Rules of the American Arbitration Association pursuant to the State of Michigan 

Civil Service Rules and Regulations as they apply to the Michigan Department of 

Energy, Labor & Economic Growth (“Appellee” or “Employer”) and Christine Boone 

(“Appellant” or “Grievant”). Four days of hearing were held on January 12, 19, 20 

and 21, 2011 in a meeting room at the Department of Natural Resources and 

Environment Kalamazoo District Office in Kalamazoo, Michigan. The subject 

matter of this case concerns the termination of the employment of Christine Boone, 

who served as Director of the Michigan Training Center for the Blind. 

At the arbitration hearing, the parties had the opportunity to articulate their 

positions and offer argument, as well as the opportunity to present sworn 

testimony, cross-examine witnesses, and submit exhibits into evidence. Appearing 

on behalf of Christine Boone are Joseph B. Espo, Attorney at Law of Brown, 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

Goldstein & Levy in Baltimore Maryland and Mary Ellen Gurewitz, Attorney at law 

of Sachs, Waldman, P.C. in Detroit, Michigan. Appearing on behalf of the Employer 

are Michael O. King, Jr., Attorney at Law and Jeanmarie Miller, Attorney at law, 

both of the Department of the Michigan Attorney General, Lansing, Michigan. A 

verbatim transcript of the hearing was taken by a Certified Shorthand Reporter and 

Notary Public and made available to the parties and arbitrator. 

The hearing record contains forty-five exhibits and the sworn testimony of nine 

witnesses, including the Appellant, Christine Boone. At the conclusion of the 

evidentiary portion of the hearing, the parties determined to close by way of written 

briefs followed by written reply briefs. A briefing schedule was established by the 

arbitrator facilitating the simultaneous filing of briefs by both parties through the 

Case Manager of the American Arbitration Association. Upon receipt of the briefs 

and reply briefs, the proceedings were closed. The matter is now ready for decision. 

The arbitrator reviewed the applicable Rules and Regulations of the Michigan 

Department of Civil Service as well as all of the evidence presented and arguments 

put forth by the parties in making this decision. The fact that each and every piece 

of evidence and or argument of the parties are not specifically addressed in this 

decision does not mean that such was not considered in making a determination. 

The Appellant is charged with violation of Michigan Civil Service Commission 

Regulation 2.05 which references Rule 2-20 – Workplace Safety: Violence, Firearms 

and Explosives. It states in pertinent part: 

1. PURPOSE V The purpose of this regulation is to provide direction regarding workplace safety and 

the reporting of violations involving acts or threats of violence or possessing orcarrying firearms or explosives. 

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Rule 2-20 Workplace Safety: Violence, Firearms, and Explosives 

2-20.1 Acts of Violence and Threats of Violence 

(a) Prohibited Acts. An employee shall not commit an act of violence or a threat of 

violence. (b) Requirement to Report. If an employee becomes aware of an act of violence or athreat of violence, the employee shall immediately report the act or threat to theappointing authority or the appointing authority's designee. (c) Action by Appointing Authority. An appointing authority or designee who receives 

a credible report of an act Of violence or a threat of violence shall take reasonableactions to protect employees. 2-20.2 Firearms and Explosives 

(a) Carrying and Possession Prohibited; Exceptions. An employee shall not carry or 

possess a firearm or explosive at a state workplace or during actual-duty time, exceptas authorized below: (1) Firearm. An employee may carry or posses a firearm at a state workplaceor during actual-duty time only under one of the following circumstances: (A) The employee is (I) employed in a law enforcement, correctional,

investigative, security, or military capacity and (2) permitted orrequired by agency work rules to carry or possess a firearm at a stateworkplace or during actual-duty time. (B) The appointing authority has specifically authorized the employeein writing to carry or possess a firearm at a state workplace or duringactual-duty time. (C) Except when prohibited by law or an agency work rule, theemployee carries or possesses a firearm inside a personal vehicle 

while the firearm is completely unloaded and enclosed in a case in thevehicle or carried in the trunk of the vehicle. (2) Explosives. An employee may carry or possess an explosive at a stateworkplace or during actual-duty time if the employee is authorized by the 

appointing authority to carry or possess the explosive as part of theemployee's official duties. (3) Requirements. An employee authorized to carry or possess a firearm orexplosive under subsection (a)(1) or (a)(2) must carry or possess the firearmor explosive in a reasonable manner and in compliance with (1) all applicable 

laws, including the civil service rules and regulations, (2) all agency work Christine Boone Page 4 of 36. 

Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

rules; and (3) any instructions or limitations imposed by the appointing

authority. 

(b) Requirement to Report Violations. An employee who becomes aware that anyperson possesses or is carrying a firearm or explosive in violation of this rule shallimmediately report the matter to the appointing authority or the appointingauthority's designee. (c) Action by Appointing Authority. An appointing authority or designee who receivesa credible report of a violation of this rule shall take reasonable actions to protect thesafety of employees. 2-20.3 Effect of Other Laws 

This rule regulates the ability of employees to carry or possess firearms andexplosives (1) at any state workplace at any time and (2) in any place during actual-

duty time. Except as specifically authorized in this rule, a constitutional or statutoryprovision that otherwise permits a person to carry or possess a firearm or anexplosive does not authorize an employee to carry or possess a firearm or explosive 

during actual-duty time or at a state workplace. 

2-20.4 Penalty 

If an employee violates this rule, an appointing authority may discipline the 

employee, up to and including dismissal. 

2-20.5 Agency Work Rules 

An appointing authority may issue agency work rules related to firearms, explosives,

and workplace safety that are not inconsistent with this rule. 

3. DEFINITIONS A. Civil Service Commission Rule Definitions 1. Act of violence means any intentional, reckless, or grossly negligent act that would 

reasonably be expected to cause physical injury or death to another person. 2. Actual-duty time means the time that an employee is scheduled to receivecompensation, benefits, or benefit accruals for the performance of the employee’spublic duties as a member of the classified civil service. Actual-duty time includes all 

scheduled work time and overtime. Actual-duty time does not include the time anemployee is on approved leave from the employee's public duties as a member of theclassified civil service, even if the employee receives compensation, benefits, orbenefit accruals for the time. 3. Appointing authority means each of the following: Christine Boone Page 5 of 36. 

Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

(a) A single executive heading a principal department or autonomous entity. (b) A chief executive officer of a principal department or autonomous entityheaded by a board or commission. (c) The state personnel director. (d) A person designated by any of the preceding as responsible for 

administering the personnel functions of the department, autonomous entity,

or other agency. 4. Explosive means any bomb, grenade, missile, or other dangerous device deigned toexpand suddenly and release internal energy resulting in an explosion. 5. Firearm means a weapon from which a dangerous projectile may be expelled by anexplosive, gas, or air. 6. State workplace means an office or building owned or leased by the state in whichclassified employees are assigned or work. State workplace includes any state-owned 

or leased common grounds or parking areas used by classified employees assigned toor working in the office or building. 7. Threat of violence means any intentional communication or other act thatthreatens an act of violence and would cause a reasonable person to feel terrorized, 

threatened, or fear physical injury or death to oneself or another person. STANDARDS 

A. Agency Work Rules.

An appointing authority may promulgate work rules not inconsistent with rule 2-20.

B. Imminent Risk.

An employee who observes or learns of an imminent risk of serious physical injury ordeath due to (1) an act of violence or a threat of violence or (2) the carrying or 

possession of a firearm or explosive at a state workplace or during actual-duty timeshall immediately take the following actions: 

1. Take measures to ensure his or her personal safety. 2. Report the matter to law enforcement. 3. Notify the immediate supervisor, manager, or appointing authority of theincident as soon as possible. Christine Boone Page 6 of 36. 

Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

C. Reporting Obligation. 1. What to Report a. All Employees. An employee is obligated to report to managementor to the appointing authority any of the following circumstances: (1) If the employee is subjected to acts or threats of violence. (2) If the employee witnesses acts or threats of violence. (3) If the employee becomes aware of acts or threats ofviolence. (4) If the employee observes or is made aware that anemployee possesses or is carrying a firearm or explosive at astate workplace or during actual-duty time, unless thereporting employee knows that the appointing authority hasauthorized the employee to carry the firearm or explosive. (5) If the employee receives a protective or restraining orderthat lists a, state workplace as a protected area, the employeemust provide a copy of the order to the appointing authorityresponsible for the state workplace. b. Supervisors and managers. A supervisor or manager who observesor learns of (1) an act subordinate employee explosive at a statesubordinate employee or (2) the carrying or possession of a firearm orworkplace or during actual-duty time by a subordinate employee shalltake prompt and appropriate remedial action and shall report 

observation or information to the appointing authority. 2. To Whom to Report. An employee who is obligated to report under this regulation shall report theincident to any available supervisor or the appointing authority. 

3. When to Report. An employee who is obligated to make a report must make the requiredreport immediately upon learning of or observing the reportable incident or 

as soon thereafter as it is reasonably possible to make the report. 

4. Confidentiality. To protect the interests of all involved, the appointing authority shallmaintain confidentiality to the extent practicable and appropriate under the 

circumstances. 

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D. Action to Stop Violations. 1. Acts or Threats of Violence. If an act or threat of violence is alleged to be continuing or the target of theact or threat needs, protection, the appointing authority shall takeappropriate immediate action it deems reasonably necessary to stop the 

alleged acts or threats of violence. Possible actions include, but are notlimited to, (1) notice to law enforcement, (2) change of location of the workstation of the alleged violator or person affected, (3) "no contact" orders toboth parties, (4) temporary reassignment of the alleged violator or the personaffected, and (5) suspension of the alleged violator with or without pay to 

conduct an investigation, as authorized in rule 2-6.4. 

2. Possession of Firearms or Explosives. If an appointing authority learns that an employee is carrying or inpossession of a firearm or explosive at a state workplace or during actual-

duty time in violation of rule 2-20, this regulation, or an agency work rule,

the appointing authority may notify law enforcement or take otherappropriate action. 

E. Discipline. The appointing authority may discipline an employee for (1) engaging in an act orthreat of violence or (2) carrying or possessing a firearm or explosives at a stateworkplace or while on actual-duty time in violation Of rule 2-20, this regulation, oran agency work rule. 

F. Education and Training. Each, appointing authority is. encouraged to provide appointed employeesinformation regarding an employee’s dutiesto all current, and newly employee’s duties and responsibilities under rule 2-20, thisregulation, and any applicable agency work rules. 

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Table with 2 columns and 14 rows5. PROCEDURE Responsibility Action Employee who observes orlearns of (1) an act orthreat of violence or (2)

carrying or possession of a 

firearm or explosives 1. Imminent Risk of Dangera. Immediately takes appropriatemeasures to ensure his or her personalsafety. 

b. Contacts law enforcement official to 

report incident, if appropriate. 

c. Notifies immediate supervisor, 

manager, or appointing authority ofincident. 

2. No Imminent Risk of Danger 

Notifies immediate supervisor, 

manager, appointing authority ofincident. Supervisor or Manager 3. Conducts any necessary interviews orinvestigations to obtain specific facts 

regarding the reported incident. 

4. Forwards a report to the appointingauthority. Appointing Authority 5. Reviews information to substantiate or 

dismiss reported incident. 

6. Takes appropriate remedial or disciplinaryaction. 

7. Consults with law enforcement or other 

appropriate agencies. CONTACT 

Table endQuestions regarding this regulation should be directed to Office of the GeneralCounsel, Civil Service Commission, P.O. Box 30002, 400 South Pine Street, Lansing,

Michigan 48909; or by telephone, at 517-373-3024. 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

DEPARTMENT OF LABOR & ECONOMIC GROWTH

WORK RULE FOR WORKPLACE SAFETY

OCTOBER, 2007

POLICY 

It is the Department of Labor & Economic Growth's policy to promote a safe environment for its 

employees. The department is committed to working with its employees to maintain a work 

environment free from acts of violence and threats of violence. 

DEFINITIONS 

For purposes of this work rule, the following definitions shall apply: 

Act of violence means any intentional, reckless, or grossly negligent act that would reasonably be 

expected to cause physical injury or death to another person. 

Threat of violence means any intentional communication or other act that threatens an act of 

Violence and would cause a reasonable person to feel terrorized, threatened, or fear physical injury 

or death to oneself or another person. Any threat of violence, whether verbal, written, visual, or by 

gesture, will be presumed to be an expression of intent to do harm to another person. 

Workplace means an office or building owned or leased by the state in which employees are 

assigned or work. It includes any state-owned of leased common grounds or parking areas used by 

employees assigned to or working in the office or building. 

Explosive means any bomb, grenade, missile, or other dangerous device designed to expand 

suddenly and release internal energy resulting in an explosion. 

Firearm means a weapon from which a dangerous projectile may be expelled by an explosive, gas, 

or air. 

ACT OR THREAT OF VIOLENCE 

An act of violence or a threat of violence that is work-related or occurs in the workplace or while 

engaged in work related activities is prohibited. Any employee who is subjected to or is aware that 

another employee is being subjected to an act of workplace or work-related violence or a threat of 

imminent violence shall immediately take appropriate measures to ensure his or her personal 

safety. The employee shall then promptly report the incident to appropriate Jaw enforcement 

personnel and his/her supervisor. The supervisor shall immediately notify the Human Resource 

Office of the incident. 

Non-imminent acts or threats of violence shall be reported to the employee's supervisor. If the 

employee's supervisor is the individual engaging in violence or making a violent threat, the 

employee shall report the incident to the designated Workplace Safety Coordinator or Labor 

Relations Manager. 

All reports of an act of violence or a threat of workplace or work-related violence will be 

investigated and appropriately addressed. The appointing authority shall take reasonable actions to 

protect employees when a credible report of a violent act or threat of violence is received. 

If the department receives information regarding an alleged act of violence, receives a threat of 

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violence, or has a reasonable suspicion that an employee may have transported a firearm or 

explosive on state property without authorization, the department or other appropriate authority 

may conduct a search of desks, lockers, and any other storage space located on state property as 

part of the department's effort to investigate and appropriately address the situation. 

Employees shall not sabotage or cause malicious destruction of or damage to state property, 

resources, work products, electronic files, or the property-of another employee or a member of the 

general public. 

FIREARMS AND EXPLOSIVES 

An employee shall not carry or possess a firearm or explosive at a state workplace or during 

actual-duty time except as specifically, authorized in this work rule and as authorized by law. 

Except as provided by law, employees are not prohibited from carrying or possessing a firearm 

inside a personal vehicle while the firearm is completely unloaded and enclosed in a case in the 

vehicle or carried in the trunk of the vehicle. The firearm must remain inside the personal vehicle. 

This work rule covers all department employees' ability to carry or possess firearms or explosives 

at any state workplace, at any time and in any place, during actual duty-time. Except as 

specifically authorized by this work rule, a constitutional or statutory provision that otherwise 

authorizes an employee to carry or possess a firearm or explosive does not authorize the carrying 

or possessing of the firearm or explosive during actual duty-time, at a state workplace, or in a 

state vehicle. 

Reporting 

Employees are obligated to report to management if any of the following circumstances occur: 

a. The employee is subjected to workplace or work-related violence by a supervisor, manager, 

co-worker, or other person. b. The employee witnesses a supervisor, manager, co-worker, or other person in the 

workplace engaging in workplace or work-related violence involving another person. c The employee receives a. protective or restraining order, which lists state-owned or leased 

premises as a protected area. (A copy of such order shall be provided to the immediate 

supervisor and the Human Resource Office.) 

A supervisor or manager who witnesses, or is made aware of by one who witnesses, a subordinate 

employee engaged in workplace or work-related violence, threatening behavior, or making threats 

of violence or has unauthorized possession of a firearm or explosive is obligated to report the 

behavior to the Human Resource Office and to take prompt and appropriate remedial action. 

REPORTING PROCEDURES 

1. An employee who is directly affected by or witnesses workplace or work-related violence 

directed at another employee shall report the conduct to a supervisor, Workplace Safety 

Coordinator, or the Human Resource Office. 2. An employee who is directly affected by or witnesses workplace or work-related violence 

by the employee's own supervisor shall report the conduct of the supervisor to a higher-level Christine Boone Page 11 of 36. 

Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

supervisor, Workplace Response Coordinator, or the appointing authority. 

3. An employee who is directly affected by or witnesses workplace or work related violence 

caused by a Workplace Response Coordinator shall report the conduct directly to a 

supervisor, another Workplace Response Coordinator, or the appointing authority. VIOLATIONS 

Any violation of this work rule may result in discipline, up to and including termination of 

employment. 

ISSUE

The issue in this arbitration: 

Was the termination of the employment of Christine Boone for justcause, and, if not, what is the appropriate remedy? 

DISCUSSION

This case concerns whether there exists just cause for the termination of the 

employment of Christine Boone, Director of the Michigan Commission for the 

Blind’s (MCB) Training Center, for violation of Civil Service Rules and 

Regulations, as well as work rules, when she allowed her staff to purchase and use 

two Ruger Spring Operated Break-Barrel Pellet Rifles on the Training Center 

grounds to conduct a marksmanship training class for students. 

Ms. Boone was officially discharged for violating Michigan Civil Service Rule 2-20 

and the DELEG workplace safety rule concerning firearms (each set forth above). 

There is no dispute that it was agreed that the marksmanship training was a 

good experience for the students, that Ms. Boone authorized the conducting of 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

marksmanship classes by her staff or that she approved the purchase of the pellet 

rifles for use in the classes at the MCB Training Center. MCB and DELEG state 

that there is just cause to terminate the employment of the Appellant because 

she allowed “firearms” to be brought onto state property without the proper 

authorization, and that this was done in violation of Civil Service Rule 2-20.2(a). 

Counsel for Appellant argues that the Appellant did not knowingly violate any 

rules or regulations, and, in fact, took a number of reasonable steps to insure that 

she was acting carefully, reasonably and within the law in initiating the 

marksmanship classes. Appellant asserts that the regulation defining a firearm 

in the Rules and regulations was so difficult to understand or apply that when the 

issue arose as to whether the Ruger Spring Operated Break-Barrel Pellet Rifles 

used in a marksmanship program at the Training Center were "firearms" according 

to the regulation's definition there was no agreement. Only hours and hours of 

research by the DELEG Director of Human Resources led her to the conclusion 

that the pellet rifles constituted “firearms,” and that the rule had been violated. 

Counsel for Appellant asserts that Christine Boone was guilty of no misconduct and 

no discipline was warranted. 

Appellant, Christine Boone, is 51 years old, married and the mother of two college-

age children. Ms. Boone is blind and has been so since birth. Her only visual 

perception now is light perception. She uses email and other text-based computer 

programs (such as Word) through the use of a program that converts text to speech. 

She reads and takes notes in Braille with a manual slate and stylus device. 

Ms. Boone earned a Bachelor of Arts degree from the University of Colorado and a 

law degree from Creighton University. Over the course of her career she has 

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worked for public libraries, practiced law, and worked as a rehabilitation 

counselor and vocational rehabilitation counselor. She served as the Director of 

the Bureau of Blindness and Visual Services in the Pennsylvania Department of 

Labor and Industry. As such, she held a position that is at the same level as that 

held by Patrick Cannon, who is the director of the Michigan Commission for the 

Blind. 

Ms. Boone was recruited for and hired as Director of the Michigan Training Center 

for the Blind ("MCBTC" or "Training Center") in October, 2006 by the Michigan 

Commission for the Blind ("MCB"). Ms. Boone testified that that Mr. Cannon told 

her during recruitment that he wanted someone who could run the Training 

Center and that he would be happy to provide less supervision of the next Training 

Center director than he had of the previous one. 

In addition to soliciting Ms, Boone's application to be director of the Michigan 

Training Center Mr. Cannon was a member of the selection committee. At the 

time Ms. Boone was selected to become the Training Center director, Mr. Cannon 

wrote that "Christine L, Boone began working in the field of public rehabilitation 

programs 25 years ago and since then has developed a most impressive record of 

knowledge, experience and achievements in effectively administering vocational 

rehabilitation programs." The job description, authored by Mr. Cannon, requires 

the person who directs the Training Center to “function independently within 

federal, state, and agency guidelines in establishing program priorities." 

The Michigan Training Center for the Blind is a residential facility of nearly 

50,000 square feet with dormitory rooms, classrooms and related facilities. It can 

house up to 50 students who are legally blind and eligible for vocational 

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rehabilitation services. It also provides personal adjustment training. The 

Training Center is set on approximately 23 acres of land and is located in 

Kalamazoo, Michigan. When Ms. Boone began her work as director of the Training 

Center there were 36 employees there. Most of those employees reported directly 

to Ms. Boone, including rehabilitation counselors and the teaching staff. Id. All 

but two others reported to a nurse-supervisor. In March, 2007 the nurse-

supervisor left the Training Center and from then until April 2008, when Bruce 

Schultz was promoted to be assistant director, all of the individuals who had 

reported to the nurse-supervisor then also reported directly to Ms. Boone, except for 

one maintenance employee, who reported to the maintenance supervisor and one 

clerical person who reported to Ms. Boone's assistant. 

The Training Center provides vocational rehabilitation for those who attend it. 

The mission of the Training Center is to prepare its students for gainful 

employment. Vocational rehabilitation counselors work with the students, or 

clients, to provide services that will help a client achieve a vocational goal, taking 

into consideration the client's strengths, abilities, talents, skills and choice. The 

Training Center also provides training in cane travel, access technology and other 

skills needed by the blind. During the school-year all Training Center participants 

are adults. During the summer there are programs for college-age and high school 

students. Upon her arrival, Ms. Boone found an absence of career-based 

programming at the center, and with Mr. Cannon's support, developed a core 

curriculum of Braille, orientation and mobility (traveling with a cane), cooking 

and computers. Non-core classes were in subjects such as access technology, 

fitness, such as swimming and bowling, and other activities. 

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As director of the Training Center, Ms. Boone was expected to provide direction, 

management and control of all aspects of the Training Center, including planning, 

development and implementation of programs, recruitment and management of staff, 

operation of the physical facility, program evaluation and financial management. 

Ms. Boone was also responsible for working with universities and other vocational 

rehabilitation programs in developing "mutually beneficial programs for students 

and agencies." 

Ms. Boone was tasked with maintaining or developing a good relationship with the two 

consumer organizations of the blind, the National Federation of the Blind and its 

Michigan affiliate, and the Michigan Council of the Blind and Visually Impaired, 

affiliated with the American Council of the Blind. 

Ms. Boone's immediate supervisor, Patrick Cannon, was located at the Michigan 

Commission for the Blind offices in Lansing, about 78 miles away. Because it was 

her job to provide for the curriculum at the Training Center, Ms. Boone's 

understanding was that she did not need Mr. Cannon's approval to begin classes. 

When Ms. Boone first began working at the Training Center, she would see Mr. 

Cannon monthly for executive management team meetings which were held in 

Lansing. 

Initially, Ms. Boone had frequent telephone conversations with Mr. Cannon, but the 

frequency of those calls diminished over time. Ms. Boone also communicated by 

email with Mr. Cannon when she first began working at the Training Center, but 

was then told by Mr. Cannon that he would rather discuss things instead of having 

them presented in writing and having to write a response. Ms. Boone testified 

that "for a long time" there was no particular schedule for conversations because 

they spoke frequently. At some point, holding those frequent conversations became 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

more difficult because of Mr. Cannon's schedule, so Ms. Boone asked her secretary to 

set up a weekly telephone appointment between Mr. Cannon and Ms. Boone, 

Though those meetings were "usually held" thereafter, they were generally short. 

During the course of her employment Ms. Boone received periodic performance 

reviews. Initially, as a probationary employee, she was reviewed quarterly. Ms. 

Boone received written employee evaluations conducted or prepared by Mr. 

Cannon on four occasions. In her initial performance review, for the period 

October, 2006 through January, 2007, Ms. Boone was rated "high performing" for 

most of her job functions and "meets expectations" for the others. Mr. Cannon 

wrote in that initial evaluation that, "In just three months Christine Boone has 

proved to be a high performer who has actively and effectively engaged Training 

Center staff and agency staff to begin setting higher standards and positive 

change." Ms. Boone's next evaluation, for the period January 6, 2007 to April 5, 

2007 was similar with Ms. Boone receiving mostly ratings of "High Performing" 

with a few "Meets Expectations." 

Ms. Boone was given her third evaluation for the period April, 2007 through October 

5, 2007. Ms. Boone again received high marks from Mr. Cannon for her 

performance, again being assessed in most categories of her review as "high 

performing." Mr. Cannon's summary of his evaluation of Ms. Boone was that "The 

wisdom of selecting Christine Boone to be our new Training Center Director is 

clearly evident and I am very pleased with her work during her first year with the 

Commission." 

Following her one-year anniversary, Ms. Boone's performance evaluation schedule 

was changed to annual reviews. The final annual review Ms. Boone received was 

for the period October, 2007 through December 1, 2008. In that performance 

review Ms. Boone was rated mostly either high performing or meets expectations, 

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as in the past, with a single rating of "Needs Improvement," which related to Ms. 

Boone's not completing her direct reports evaluations in a timely manner. The 

reason for her difficulty in completing that task, as Ms. Boone testified, was her 

own absence from work following a serious injury she suffered in a fall. In 

addition, as discussed above, Ms. Boone had an unusually high number of 

direct reports (more than 30) and was responsible for preparing the extensive 

evaluations for each of them. Even with that, Mr. Cannon wrote in the final 

performance review that "Christine has brought innovation at the center to a 

new level and has been most impressive." These positive reviews are the only 

documents in Ms. Boone's personnel file reflecting on the quality of her work. Ms. 

Boone's personnel file contains no record of any disciplinary action before the 

events surrounding the marksmanship class, which led to the termination of her 

employment with which we are concerned in this arbitration. 

Ms. Boone also received high marks from her subordinates. Assistant Training 

Center Director Bruce Schultz testified that he had an "extremely good working 

relationship" with Ms. Boone and that he thought she had a very good rapport and 

working relationship with everyone at the center. 

Regardless of her better than satisfactory performance, the relationship between 

Mr. Cannon and Ms. Boone was not tension-free. Mr. Cannon was annoyed with 

Ms. Boone over comments in a draft monitoring report from the Federal 

Rehabilitation Services Administration (RSA). Cannon sent an email to 

Department of Energy Labor & Economic Growth ("DELEG") Human Relations 

Manager Patty Gamin asking how to respond to what Mr. Cannon considered 

issues that should not have been raised with the RSA. In fact, as Mr. Cannon 

acknowledged, Ms. Boone had a legal obligation to respond to questions from the 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

RSA monitoring team. Ms. Boone testified that the she noticed a change in her 

relationship with Mr. Cannon after the RSA monitoring team visited Michigan. 

Mr. Cannon also was frustrated with Ms. Boone's perceived inability to smooth 

the relationship between the Michigan Commission for the Blind and the National 

Federation of the Blind's Michigan affiliate. He told several members of the NFB 

that he hired Christine Boone so she could "settle down" the NFB of Michigan 

and that she had failed in that task. As Mr. Posont testified, the relationship 

between the MCB in general, and Mr. Cannon in particular, and the NFB had 

grown bad. 

As noted above, although the primary function of the Training Center is to prepare 

its participants for employment, there is a personal adjustment and recreational 

component as well. The aide who had long led the recreation program is Karen 

Cornell (often referred to as KC in the testimony). Ms. Cornell has demonstrated 

herself to be a caring, competent employee who has worked at the Training Center 

since 1974. Over the course of her career, Ms. Cornell's job duties have expanded. 

Originally she and another teacher took students into the community for activities 

like bowling swimming, horseback riding and meals. Eventually, Ms, Cornell was 

the only recreation person at the Training Center, and she also began working 

with students in the gym. 

Ms. Cornell was raised on a farm where "there were always guns in the house" 

and she began shooting as a child. She did some hunting but mostly target 

shooting with shotguns and deer rifles. She now owns two handguns and has a 

State of Michigan concealed weapons permit. Though she had never used them, 

she was familiar with BB guns. Not counting her work at the Training Center, Ms. 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

Cornell estimated that she had taught "dozens and dozens" of extended family 

members how to shoot without any of them suffering any injuries. 

Over the years the idea of having a shooting or marksmanship class was raised with 

Ms. Cornell by her students. She testified that she knew blind individuals can 

hunt in Michigan and that in 2008 she had taken some students to an archery 

range. The archery activity increased interest in deer hunting and target shooting 

and wondering how a blind or visually impaired person could safely go back to 

target shooting." Before the marksmanship class was undertaken, Ms. Cornell 

took her students paint ball shooting, but that did not satisfy the students and 

they continued to ask whether there was a more realistic way they could shoot. 

In early 2009, Ms. Cornell discussed the students' desire to shoot with Ms. Boone. 

The conversation led to the development of a performance objective on Ms. 

Cornell’s annual evaluation to explore opportunities for target shooting and/or 

paint ball in the area. Karen Cornell’s Evaluation dated 2/26/2010 noted that the 

objective had been met by helping to create a marksmanship class at Training 

Center. During Ms. Cornell's 2008 evaluation it was decided that she would 

investigate how such a program might be conducted while Ms, Boone would speak 

with Mr. Cannon about having such a program. Ms. Boone testified that she did 

speak with Mr. Cannon about the idea of a shooting class in early spring 2009. It 

was Ms. Boone’s testimony that in a telephone conversation Ms. Boone told Mr. 

Cannon about Ms. Cornell's idea, and he asked what Ms. Boone and Ms. Cornell 

had in mind. Ms. Boone stated that she told Mr. Cannon that Ms, Cornell didn't 

want to do a "one time thing" but wanted to look into teaching a class. Ms. Boone 

told Mr. Cannon that Ms. Cornell was going to check with places in the community 

about shooting opportunities at ranges and that they would also explore the 

possibility of having something on the Training Center grounds. Ms. Boone 

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testified that Mr. Cannon voiced some concern about safety, which Ms. Boone 

addressed, and that Mr. Cannon's conclusion was "we're all about combating the 

soft bigotry of low expectations, and . . . doing things that are not necessarily 

commonplace. So you have my permission to go ahead. . . ." 

Mr. Cannon acknowledged at the hearing that he had had a conversation with Ms. 

Boone about students engaging in some sort of marksmanship or shooting activity, 

although he had earlier denied any recollection of such a discussion. He testified 

that he thought Ms. Boone was discussing some sort of a field trip involving 

shooting rather than a "class." Mr. Cannon admitted that he had a discussion 

about shooting with Ms. Boone that was held in early 2009, and that he told Ms. 

Boone the matter could be explored further. Mr. Cannon testified that he 

commented that the shooting had to be safe, but it is noted that he did not address 

any matter involving any DELEG work rule or Civil Service regulations regarding 

firearms. 

Ms. Cornell took steps to meet her performance objective by discussing the issue of 

where and how students might shoot with employees at a local gun shop and with 

the Training Center's assistant director Bruce Schultz. Ms. Cornell asked a gun 

shop employee if there was a firing range or other location where blind students 

could target shoot and, although the person said he would check and pass any 

information onto Ms. Cornell, she never heard back from him. In February 2009, 

Ms. Cornell had a conversation about a shooting class with employees at the 

Training Center, including Dan Grover, a maintenance employee, and he suggested 

that target shooting could be done at the center. As Cornell remembers the events, 

Mr. Grover said that with 23 acres of land on the Training Center site there was 

plenty of space to safely use pellet guns. He specifically recommended a spot in a 

ravine with a large dirt hill behind it as being suitable for pellet gun shooting. After 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

discussing the idea further with Mr. Grover and another maintenance employee, 

Ms. Cornell spoke with Ms. Boone about the suggestion. Ms. Boone instructed 

Ms. Cornell to call the local authorities to investigate whether it would be legal to 

hold the marksmanship class at the Training Center. 

Following Ms. Boone's instructions, Ms. Cornell called both the Kalamazoo 

Department of Public Safety and the local Michigan State Police post to ask 

whether it would be legal to conduct a shooting class on the Training Center 

grounds with Ruger pellet guns, which she had decided were the appropriate guns 

to use. Ms. Cornell was told by the state police officer with whom she spoke that the 

Ruger pellet guns were BB class guns under state law, were not considered 

firearms, and, therefore, there was no legal reason that the class could not be 

held. He also said that he was familiar with the spot on the Training Center 

grounds that had been suggested. He recommended that Ms. Cornell should check 

with the Kalamazoo Public Safety Department because the Training Center is 

located in the city. Ms. Cornell called the Kalamazoo Police Department and 

received the same answer from an official there as she had from the state police; 

that the pellet guns were not firearms and there was no reason the marksmanship 

class could not be held at the Training Center. A contemporaneous note by Ms. 

Cornell reflects her conversation with the Kalamazoo Public Safety Department. 

The Appellee asserts that Mr. Cannon was duped, and that the decisions to hold the 

class on the Training Center grounds and to use the Ruger pellet rifles were made 

before Ms. Boone’s call to Mr. Cannon. The contacts with the state and local 

police agencies had also been completed by this time. The Appellee quotes Ms. 

Boone’s arbitration testimony: 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

“I let [Director Cannon] know that Karen said she did not want tohave a one time thing but she wanted to look into doing a class. Soshe was going to do some checking with places in the community,

like shooting ranges and that and see what they had to say. And thatwe would also explore the possibility of having something on thecenter grounds since we did have 22 and a half acres, which when Icame was virtually unused, and ever since the time of my coming 

we've been increasingly bringing that property in to use so that itcould benefit our students.” 

The Appellee in alleging a conspiracy to dupe Mr. Cannon argues that Ms. Boone 

testified that she told Director Cannon that "we would explore the possibility of 

having something on the center grounds" even though Boone knew that Cornell 

was already planning on having the class on the Training Center grounds, and 

while she also knew that Ms. Cornell had already contacted "places in the 

community" – one gun shop in January of 2009. Ms. Cornell’s testimony indicated 

that she had decided where on the Training Center grounds to have the class, and 

had not pursued any other avenues after February of 2009, but it is not known 

whether Ms. Boone knew of this. In addition, Ms. Cornell had already 

contacted the local police agencies and received approvals, and had already 

determined the type of gun to be used – the Ruger air rifles. Mr. Cannon stated 

that the “notion of a class was never discussed for students, a shooting class, it 

never came up in our conservation. There was discussion about taking students on 

a field trip for a target practice experience like at a shooting gallery.” 

The Appellee asserts that Ms. Boone deliberately misled Mr. Cannon about an 

issue she deemed important, and that this deception combined with other lapses in 

Boone's judgment warranted termination. 

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It appears that there may well have been a misunderstanding or 

miscommunication between Ms. Boone and Mr. Cannon. Ms. Boone believed she 

had Mr. Cannon's approval for the marksmanship class, while Mr. Cannon 

believes he had not approved the class. Given the pattern of contacts between 

Mr. Cannon and Ms. Boone before the marksmanship class, oral approval (which 

was not actually required for Training Center activities) was the way in which the 

two officials operated. If one assumes both witnesses are telling the truth, there 

was simply a misunderstanding, and not a work rule violation. Ms. Boone testified 

that initially she communicated with Mr. Cannon frequently by e-mail, until he 

said that he would rather speak on the phone with her instead of communicating 

in writing. Ms. Gamin testified that there was no written protocol dealing with how 

classes for the Training Center were approved. 

The Appellant, however, was not charged with deliberately misleading Mr. Cannon. 

The Appellee only charged Ms. Boone with violation of the Michigan Civil Service 

Commission Regulation 2.05 which references Rule 2-20 – Workplace Safety: 

Violence, Firearms and Explosives and the DELEG Work Rule for Workplace 

Safety. Absent a determination that discipline or discharge is appropriate for the 

charged violation, factors of mitigation or exacerbation are not relevant. 

It is undisputed that in the spring of 2009 Mr. Cannon and Ms. Boone spoke during 

one of their periodic telephone conferences about students engaging in some sort of 

marksmanship or shooting activity, and there was no mention by either of any 

trepidation regarding possible violation of Michigan Civil Service Rules or DELEG 

Workplace Safety regulations. 

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By the time the investigation into holding the class was completed it was spring 

and it was decided to hold off on the class because during the summer they had 

minor students at the center and they wanted to wait until those students had 

returned home to their high schools. Over the summer, however, Ms. Cornell 

made targets for the class, finalized where to hold it, and purchased two Ruger 

spring operated break-barrel pellet rifles. Ms. Cornell and the maintenance 

employees built the targets out of a 4' by 8' 3/4 inch sheet of plywood mounted on 

wooden posts and covered with two inches of foam. For shooting, the target was 

covered by brown paper and by paper targets of various sizes. When the shooting 

was conducted, the pellets would come to rest at the back of the target in the 

plywood. 

The Ruger pellet rifles were purchased from Meijer storewith a state purchasing 

card. There was not the necessity any sort of background check or other 

investigation such as one would experience when purchasing an instrument 

classified as a firearm under state or federal law. Ms. Cornell submitted the 

purchase receipt through the state purchasing bureaucracy, which prompted a 

request from the centralized purchasing office asking for a written justification of 

the purchase. Bruce Schultz, Assistant Director of the Michigan Training Center 

for the Blind, was also involved in the email exchange about the pellet guns with 

the DELEG purchasing unit. As Mr. Schultz described it, DELEG called months 

after the purchase for an explanation about the purchase, it was provided; and 

after that everything was fine as there were no more inquiries. The response of 

Mr. Schultz to the purchasing department stated: 

“Hi. Karen Cornell asked me to clarify the above named purchase you

were inquiring about. 

The Training Center has been expanding our fitness and recreational

activities programs extensively this past year. Many students have

expressed the desire to learn non-visual methods for the safe handling 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

of firearms. Since it is legal in Michigan for blind people to hunt andto own firearms for self protection in their homes, providing thistraining is consistent with the goals of our rehabilitation program.

Learning mastery of firearms also increases the self confidence ourstudents are building, which will assist them in obtaining competitiveemployment in Michigan. 

Two moderately priced pellet rifles were purchased, along with theappropriate ammunition. We have built backstops for paper targetsand have identified a safe shooting area on the Center grounds. All 

local authorities have been contacted and have provided their approvalfor these activities to occur on the Center property. The class is alwaystaught by two instructors, as an added safety precaution. 

Thanks.

Bruce M. Schultz, Assistant Director

Michigan Commission for the Blind Training Center”

Ms. Cornell testified that the Ruger pellet guns were openly displayed on a bottom 

shelf in the sporting good section of the store where she purchased them and that she 

was allowed to walk them to the front register herself. 

Before the shooting classes began, Ms. Cornell bought safety glasses for the 

students and set up the target. The target was equipped with an audible device, 

so students could hear its location, as had been done for the archery and as is 

done in games. The target was set up in a ravine so that there could not be anyone 

behind it on the level of the target. After the 2009 Labor Day holiday the 

marksmanship class began. First, there was gun safety instruction. The classes 

usually consisted of one or two students. Sighted "spotters" were used to help the 

students aim, to make sure the pellet guns were never pointed up and to make 

sure that nobody was in the area where the shooting was taking place. Safety was 

further assured by making sure that each shot was lined up before the "safety" that 

prevented inadvertent firing of the pellet gun was placed in the position that 

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would allow firing. Students were taught not to place their fingers inside the 

trigger guard until they were ready to shoot. 

Bruce Schultz, Training Center Assistant Director, testified that he has had 

extensive personal experience with firearms, having participated in "shooting 

sports" for 10 to 15 years. He testified that he, too, has a concealed weapons 

permit from the State of Michigan. He, like Ms. Cornell, believed the class was a 

good idea. He examined the targets that were built and the location where the 

class would be held and concluded that the location and targets made the class 

location safe. Based on Ms. Cornell's research, Mr. Schultz also believed the pellet 

guns used in the marksmanship class were not firearms. It was Mr. Schultz who 

told Ms. Cornell in June that it was okay for her to go ahead and purchase the 

pellet guns. Mr. Schultz was unaware of any DELEG work rule that would have 

prohibited the class from taking place using the pellet rifles on Training Center 

property. 

There was nothing presented in any of the steps that led up to the marksmanship 

class to alert anyone that the pellet guns might be considered firearms, either 

under state law or the Civil Service Commission rules or regulations. The 

Operation Manual for the pellet guns, stated; "This airgun is not a toy. Treat it 

with the same respect you would a firearm." Later on in the same manual it states: 

"Warning: Do not brandish or display this product in public -it may confuse people 

and may be a crime. Police and others may think it is a firearm. Do not change 

the coloration and markings to make it look like a firearm. That is dangerous 

and may be a crime." The Appellant asserts that these statements suggest that 

while the Ruger pellet rifle may look like a firearm, and perhaps should be treated 

as though it is a firearm, it is not, in fact, a firearm. 

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Jason Nairn, the Director of Security for the Michigan Department of Management 

and Budget, was consulted by the Department regarding the status of the pellet 

rifles. He testified that he had to undertake some investigation to determine 

whether the pellet rifle was a firearm under Civil Service regulations. He, like 

Mr. Schultz and Ms. Cornell, is experienced with firearms and owns "a couple of 

shotguns, a rifle, two rifles, and a hand gun." Mr. Nairn indicated that he also 

used pellet guns when he was a child. He never took lessons on how to use them 

and did not own one himself, but testified that he borrowed the guns from cousins 

or brothers or sisters or friends since a 'lot of people in my neighborhood had 

pellet guns." 

Students of the Center were pleased with the class. A number of them wrote letters 

about their experience and praised the program. While this discussion concerns 

itself mostly with the marksmanship classes, it must be remembered that the 

marksmanship classes were not by any means the only activity being undertaken 

at the Center. There were many more activities occurring concurrently as part of 

the full range of the curriculum. 

There is no indication that Ms. Boone was attempting to keep the marksmanship 

classes a secret from Mr. Cannon or anyone else. As part of her job duties Ms. Boone 

attended the National Federation of the Blind of Michigan state convention in 

November 2009, where she had been invited to speak. Ms. Boone was well aware 

that Mr. Cannon and other MCB employees were in attendance at the 

convention. During her convention speech, Ms. Boone discussed with pride the 

marksmanship class at the Training Center as an example of the kinds of work 

being done there. Ms. Boone had earlier discussed the class at meetings with 

MCB staff. A participant in at least one of those meetings was Leamon Jones, 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

who spoke with Mr. Cannon daily. While Ms. Boone believed that Mr. Cannon 

knew about and had approved the marksmanship class, he indicated that he was 

surprised when he heard Ms. Boone speaking about it and testified that her speech 

was his first knowledge that the class was being held. 

The day after Ms. Boone gave her convention address Mr. Cannon called her at 

her home. For the first time he raised the issue of the pellet rifles being considered 

firearms and there being a rule about no firearms on state property. Mr. Cannon 

instructed Ms. Boone to report to his office the following day with the pellet rifles. 

Ms. Boone went to meet with Mr. Cannon, but was alarmed by Mr. Cannon’s 

comments about the pellet rifles being "firearms," and was concerned how they 

might be viewed by state office building guards. Thus, she and did not take the 

pellet rifles to the meeting. At the meeting Mr. Cannon directed that the 

marksmanship class be stopped immediately and Ms. Boone immediately ordered 

Center employees to comply. 

Just a few days later, on November 16 or 17 Ms. Boone went out on sick leave due 

to a serious medical condition. Ms. Boone was suffering from an ulcer on her foot 

that resulted from a congenital absence of veins in her legs. The ulcer was 

extremely painful and increasing in size and Ms. Boone was warned by medical 

caregivers that it could lead to the need for amputation of her foot. The situation 

was so serious that her doctor in Kalamazoo did not believe that he could 

successfully treat it, and referred her to the Mayo Clinic in Minnesota. She went 

there on November 16 or 17. She had anticipated that it would be a short leave 

but she was not cleared to return to work until January 11, 2010, and then only for 

a limited day. While on leave due to this disability, Ms. Boone was notified on 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

December 29, 2009, of an "investigatory hearing" with DELEG human resources 

director Patty Gamin and Mr. Cannon to be held on January 12, 2010. Ms. Boone 

returned to work earlier than her doctor had originally recommended because of 

the scheduled investigatory hearing. She attended the meeting in considerable 

pain as she could not stand or walk and had to be pushed to the meeting location 

uphill through the snow in a wheelchair. She described her condition at the time 

as physically still feeling "not great" and still suffering from considerable pain. 

On January 26, 2010 after the January 12 investigative meeting, Ms, Boone received 

a letter saying there would be a disciplinary conference on January 28, 2010. That 

was changed, at Ms. Boone's request, to February 4, 2010, so her counsel could 

attend. At the disciplinary conference Ms. Boone’s employment was terminated for 

violation of Michigan Civil Service Commission Regulation 2.05 which references 

Rule 2020 – Workplace Safety: Violence, Firearms and Explosives. 

Ms. Boone was discharged for violation of Civil Service Commission Rule 2-20.2. 

Rule 2-20 is titled "Workplace Safety." Rule 2-20.2 is titled "Firearms and 

Explosives" and states at subparagraph (a) "Carrying and Possession Prohibited; 

Exceptions. An employee shall not carry or possess a firearm or explosive at a state 

workplace or during actual-duty time, except as authorized below: . . ." The 

exceptions then set forth are not applicable. 

Rule 2-20 is further explained by Regulation 2.05. Section 3.A.5 of Regulation 

2.05 defines firearm as follows: "Firearm means a weapon from which a dangerous 

projectile may be expelled by an explosive, gas, or air." It is important to determine whether Ms. Boone or any of the other employees of the 

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Training Center, who were involved in planning and implementing the 

marksmanship class, would understand that this rule and regulation prohibited the 

class at the Training Center using Ruger spring operated break-barrel pellet 

rifles. The proofs do not include any evidence that either Ms. Boone or any other 

employee involved in developing the marksmanship class had any reasonable belief 

that the pellet guns could be considered firearms. Neither Ms. Cornell nor Mr. 

Schultz, both of whom had long and extensive familiarity with firearms, thought 

that the Civil Service regulation was being violated by the marksmanship class, 

because they did not think that the pellet guns were firearms. Christine Boone 

reasonably relied on Karen Cornell and Bruce Schultz. Karen Cornell reasonably 

relied not only on her own knowledge of firearms but also on the information which 

she obtained from the Michigan State Police and the Kalamazoo Public Safety 

Department. Mr. Schultz had independently evaluated the situation in 

consultation with Ms. Cornell and concluded that the purchase and use of the 

pellet rifles were not in violation of any law or regulation. 

The employees of the Center believed in reliance on opinions from knowledgeable 

law enforcement authorities that it was lawful to use the pellet guns at the Training 

Center. In addition, the operation manual for the Ruger air rifles also supported 

the employees' understanding that the air rifles, also called pellet guns or BB 

guns, were not firearms. The Ruger manual says at its first page "This airgun is 

not a toy. Treat it with the same respect you would a firearm." Later on in the 

same manual it states: "Warning: Do not brandish or display this product in 

public -it may confuse people and may be a crime. Police and others may think it 

is a firearm. Do not change the coloration and markings to make it look like a 

firearm. That is dangerous and may be a crime." As the employer's witness, 

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Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

Jason Nairn, admitted, that language would be taken to suggest that the Ruger 

pellet gun is not a firearm. 

There was confusion in Ms. Boone’s chain of command over the meaning and 

applicability of the rule with which Ms. Boone is charged with violating. On 

November 10, 2009, after Mr. Cannon heard Ms. Boone’s comments at the National 

Federation of the Blind of Michigan state convention regarding the marksmanship 

classes, he instructed an assistant to bring the pellet rifles to his office. Director 

Cannon had Jason Nairn, head of DMB Security, come to his office examine the 

pellet rifles. It was immediately determined that the pellet rifles could easily 

mistaken for more powerful rifles. Nairn examined the pellet rifles, and made the 

determination that they constituted “firearms” under the Civil Service Rules. Mr. 

Nairn communicated his conclusion to Director Cannon. Mr. Nairn later sent 

Director Cannon an e-mail with a Wikipedia article about how air rifles operate 

that he had found on line during his research. 

Ms. Patty Gamin, the DELEG Human Resources Director and final decision maker 

as to the termination of the employment of Ms. Boone, testified that it was not 

readily apparent to her that the Ruger pellet guns used in the marksmanship 

classes violated the Civil Service Commission rule or regulation. Ms. Gamin 

testified that trying to determine whether the pellet rifle was a firearm within the 

regulation's definition was a time consuming endeavor which required a number of 

hours of research. She stated that she researched using a number of websites to 

learn more about how air rifles work. She consulted Mr. Nairn to get his opinion 

on whether the air rifles were forearms under the Civil Service Rules, and Mr. 

Nairn shared his opinion that the pellet rifles met the definition of “firearms” 

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under the Civil Service Rules. Ms. Gamin acknowledged in her testimony that 

the definition of a firearm can be different to many individuals and that there are 

many definitions of firearms. She testified that she is the “appointing authority” 

as it applies to the authority under Civil Service Regulation 2.05, Section 2-20.2 

(a) 1 (B) of the Rules to allow firearms on state property. Ms. Gamin consulted the Civil Service Rules and DELEG Work Place Safety 

Rules on firearms. Ms. Gamin, using the definition: “Firearm means a weapon 

from which a dangerous projectile may be expelled by an explosive, gas, or air.” 

determined that the air rifles were firearms because they expelled a dangerous 

projectile using air. She relied on Mr. Nairn's assessment and her own research, 

including the operator's manual that came with the air rifles. The Operator’s 

manual states in pertinent part: 

“Ruger Operation Manual 

Spring Operated Break Barrel Pellet Rifles * * * 

This airgun is not a toy. Treat it with the same respect that you would a 

firearm.” * * * 

WARNING. This airgun is recommended for adult use only. Misuse or 

careless use may cause serious injury or death. May be dangerous up to 575 

yards.” * * * 

Director Cannon and Mr. Nairn testified that the air rifles had the look and feel of 

a rifle. The air rifles even could be mistaken as real firearms. 

Ms. Gamin, testified that she believed that Ms. Boone failed to act with due 

diligence, because as an attorney, a state employee, and a senior-level manager, 

Boone had an obligation to ensure that her actions and the actions of her staff 

complied with Civil Service Rules and DELEG work rules. Ms. Boone indicated 

that she did not look at the Civil Service Rules when she authorized the 

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marksmanship class and the purchase of the air rifles; and her reliance on state 

law and local ordinances is misplaced. Ms. Boone was discharged for violating 

Civil Service Rules, not state law or the Kalamazoo local ordinance. Ms. Gamin 

stated that safety is not an issue because the violation of the firearm rule is strict 

liability. The mere violation of the firearm rule exposes a person to the penalty for 

their violation. Here, Boone allowed and authorized her staff to hold a 

marksmanship class and to purchase firearms for that class. Thus, she is 

automatically subject to the penalty associated with that violation. Ms. Gamin 

indicated that Ms. Boone's past performance and evaluations were not relevant to 

her own decision to terminate the employment of Ms. Boone. Ms, Gamin did not 

review Ms. Boone's job description to see if Ms. Boone had the authority to give the 

go-ahead to the marksmanship class without Mr. Cannon's approval, if , in fact, it 

had not been given. 

It is axiomatic under the standard of just cause that in order for an employee to be 

disciplined or discharged for acts or omissions, the employee must be provided 

reasonable notice of what the expectations of the employer are. It is well 

recognized that before an employee can be justifiably disciplined for breach of the 

employer’s rules or regulations, the employee must have knowledge of the rule or 

regulation with which the employee is charged with violating. In most cases, such 

knowledge cannot be inferred, but is required to be evident by direct instruction 

and/or accessible, clear and concise rules and regulations to which the employee 

has ample and reasonably easy access. 

Negligence for which discipline may be imposed is not established merely by proof 

that a rule violation occurred or that the employee erred in her judgment; there 

must be proof that the employee failed to comply with a prescribed standard which 

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in fact was, or reasonably should have been within the employee’s knowledge. An 

error in judgment in encountering a situation with which the employee is 

unfamiliar and which in itself is complicated and/or unclear does not amount to 

negligence which justifies discipline even though deviance from the rule may have 

occurred. Each case turns on its own facts. 

In this case, there is no dispute that it is reasonably clear to employees that 

employees are not allowed to possess firearms on state property. The question 

arises as to whether the reasonable employee would understand the pellet rifles to 

constitute firearms, and with what diligence an employee made the effort to 

determine the propriety of action. As to whether it is readily discernable that the 

pellet rifles constituted “firearms” prohibited by the rules and regulations, there 

was either a complete breakdown in the system, or a situation where as a general 

rule, employees did not understand the pellet rifles to be “firearms” nor their use 

for marksmanship classes to constitute a violation of any Workplace Safety rule or 

regulation. Mr. Cannon, after informing Ms. Boone that the pellet rifles were 

“firearms,” which are not allowed on state property, ordered Ms. Boone to transport 

the pellet rifles to his office on state property in Lansing so that he could examine 

them -disconcerting taking into account the testimony of Ms. Gamin, who testified 

that she was the “appointing authority” as it applies to the authority under Civil 

Service Regulation 2.05, Section 2-20.2 (a) 1 (B) of the Rules to allow firearms on 

state property. 

The Appellant makes a cogent argument that Ms. Boone’s termination for her 

alleged violation of the work rule and regulation at issue violates her due process 

rights because the policies, as they are applied to the specific facts and 

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circumstances in this case, were impermissibly vague. The regulation and work 

rule relied upon for the termination of Ms. Boone’s employment are so complicated 

that it took both Jason Nairn and Patty Gamin hours of research to determine 

whether the rule was violated. Mr. Cannon wasn’t sure and relied on their opinions. 

Automatically terminating the employment of an employee for violation of a rule 

where the application of such rule is not clear and readily understandable violates 

the concept of just cause. Due process requires that noncompliance with a rule 

can only be relied upon in administering discipline if the rule is clear and 

accessible enough to be readily relied upon by the subject of the discipline. 

After careful review of all the facts and circumstances, it is clear that Ms. Boone 

performed her work in good faith and with reasonable diligence. It has not been 

shown that the Appellant purposely violated any of the rules or regulations with 

which she is charged. There is not just cause for discipline or discharge in this 

matter. Although there are allegations that the Appellant intended to embarrass 

Mr. Cannon by deceiving him about the marksmanship classes and then did 

embarrass him at the National Federation of the Blind of Michigan state 

convention, there is insufficient evidence to substantiate this – and it is not with 

what the Appellant is charged. Accordingly, Ms. Boone must be reinstated to her 

employment and made whole as to lost wages and benefits. As there is no just 

cause for discipline or discharge proven, there is no need to discuss other issues 

including exacerbating or mitigating circumstances. 

Pursuant to the request of the Appellant, the arbitrator shall retain jurisdiction 

for the purpose of resolving any disputes regarding the “make whole” portion of 

the remedy. 

Christine Boone Page 36 of 36. 

Michigan Department of Energy, Labor & Economic GrowthAAA 54 390 00896 10; Termination of Employment / Christine Boone 

DECISION

For all the above stated reasons, the grievance is granted. Ms. Boone shall be 

reinstated to her former employment and made whole as to lost wages and benefits. 

Dated:

May 23, 2011

American Arbitration Association

VOLUNTARY LABOR ARBITRATION TRIBUNAL 

In the Matter of the Arbitration Between: 

Table with 3 columns and 6 rowsCHRISTINE BOONE Appellant, AAA No.: 54 390 00896 10 -and 

Issue: 

Grievant: Discharge 

Christine Boone 

Arbitrator: Michael P. Long MICHIGAN DEPARTMENT OF 

 

Table endENERGY, LABOR & ECONOMIC GROWTH 

Appellee,

________________________________________________________/ 

AWARD OF THE ARBITRATOR 

The UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitrationagreement entered into by the above-named Parties, and having been duly sworn and having duly heardthe proofs and allegations of the Parties, AWARDS as follows: 

For all the above stated reasons, the grievance is granted. Ms. Boone shall be reinstated to 

her former employment and made whole as to lost wages and benefits. Pursuant to the 

request of the Appellant, the arbitrator retains jurisdiction for the purpose of resolving any 

disputes regarding the “make whole” portion of the remedy. 

Dated: May 23, 2011



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