Database Search Result Details
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First Name
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WILLIAM
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Last Name
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MCKINNEY
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Decision Date
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2/28/1989
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Docket Number
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BOR1-86-285-2R
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ALJ
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SK
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Respondent
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WEST VIRGINIA UNIVERSITY
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Employment Type
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HE
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Job Title
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WAREHOUSE ATTENDANT
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Topics
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SUSPENSION; HARASSMENT
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Primary Issues
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Whether WVU proved good cause for suspension.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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WVU Employee Handbook; Physical Plant Policy; 18-29-2(n)
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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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This was the second decision issued in this grievance. Grievant appealed the first decision to the Circuit Court of Monongalia County which remanded the case back to the Grievance Board for further development of the record. Grievant was suspended for five days after he was found in a trailer on the work site at a time which was neither his scheduled lunch or rest break. There was separate issue in the grievance about whether a warning letter was properly issued. WVU conceded the warning letter had been improperly issued. WVU proved the suspension was proper. Grievant failed to establish a violation of any personnel policy or harassment as defined in the grievance procedure law. The ALJ reaffirmed her earlier ruling in the case.
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