Database Search Result Details
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First Name
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BLAINE
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Last Name
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BOLTON
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Decision Date
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4/25/1990
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Docket Number
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90-DOH-022
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ALJ
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SK
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Respondent
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DEPARTMENT OF HIGHWAYS
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Employment Type
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STATE
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Job Title
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HIGHWAY LABORER
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Topics
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SUSPENSION
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Primary Issues
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Failure to report absences.
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Outcome
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DENIED
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Statutes
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Related Cases
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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GRIEVANT, A HIGHWAY LABORER, WAS SUSPENDED FOR FIFTEEN DAYS FOR FAILING TO REPORT TO WORK OR CALL IN ABSENT WHEN A CIRCUIT COURT APPEARANCE RESULTED IN A TEN DAY JAIL SENTENCE. HE ARGUED THAT HE WAS TREATED DIFFERENTLY FROM OTHER EMPLOYEES WHO ROUTINELY COMPLETE LEAVE SLIPS AFTER RETURNING TO WORK AND THAT HE HAD ADVISED THE MAN WHO HE PERCEIVED TO BE HIS IMMEDIATE SUPERVISOR THAT HE WOULD NOT BE AT WORK, AND THAT INDIVIDUAL HAD REPORTED HIS ABSENCE TO THE COUNTY SUPERVISOR ONE-HALF HOUR PRIOR TO THE BEGINNING OF HIS SHIFT AS REQUIRED BY POLICY. DEPARTMENT ASSERTED THAT THE SUSPENSION WAS WARRANTED BY THE CONTINUED FAILURE TO REPORT HIS ABSENCES. DECISION: DENIED. DEPARTMENT ESTABLISHED THAT THE GRIEVANT WAS ABSENT WITHOUT REQUESTING LEAVE TIME ACCORDING TO POLICY AND THE SUSPENSION WAS PROPERLY IMPOSED UNDER THE DEPARTMENT'S PROGRESSIVE DISCIPLINE POLICY AND THE DIVISION OF PERSONNEL RULES AND REGULATIONS, SECTION 13.03.
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