International Union of Operating Engineers Local 49 Ex Rel. Maack v. Aberdeen School District No. 6-1

This appeal involves a dispute between the Aberdeen School District (School) and its long-time custodial employee, Carl Maack (Maack). Maack was called to a September 9, 1989, meeting with the custodial personnel supervisor for School and confronted with two documents concerning reprimands. Maack asked if there was anything he could do about the reprimands. After being told that there was nothing he could do, Maack turned in his keys and left.

There was a misunderstanding as to what had transpired. Maack believed that he was being terminated. School believed that Maack had resigned, although…