Database Search Result Details
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First Name
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LINDA
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Last Name
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POND
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Decision Date
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4/27/1990
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Docket Number
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89-CORR-686
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ALJ
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NK
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Respondent
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DEPARTMENT OF CORRECTIONS
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Employment Type
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STATE
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Job Title
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CORRECTIONAL OFFICER I
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Topics
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DISCRIMINATION
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Primary Issues
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Shift Assignment
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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, FORMER EMPLOYEE, WAS REINSTATED IN MAY 1989 AS CORRECTIONAL OFFICER I AT W.VA. PENITENTIARY 1989 AND ASSIGNED DAY WATCH DUTIES AT THAT TIME. SHE ALLEGED THAT THE WARDEN DISCRIMINATED AGAINST HER AND ABUSED HIS AUTHORITY WHEN HE TRANSFERRED HER FROM DAY TO AFTERNOON WATCH IN OCTOBER 1989. SHE REQUESTED REASSIGNMENT TO DAY WATCH. DECISION: DENIED. WARDEN INSTITUTED POLICY WHEREBY OFFICERS HOLDING UNINTERRUPTED SERVICE TIME WERE GIVEN PREFERENCE FOR DAY WATCH ASSIGNMENTS OVER NEWLY-HIRED/NEWLY REINSTATED EMPLOYEES. GRIEVANT'S DAYTIME ASSIGNMENT IN MAY WAS THE RESULT OF FAULTY COMMUNICATIONS AMONG STAFF, AND THE REASSIGNMENT IN OCTOBER WAS EFFECTED TO ENFORCE THE WARDEN'S POLICY. GRIEVANT FAILED TO PROVE THAT SHE WAS DENIED DAY WATCH DUE TO DISCRIMINATION AS DEFINED IN W.VA. CODE 29-6A-2(D) OR THAT RESPONDENT ACTED ARBITRARILY OR CAPRICIOUSLY IN THIS MANNER.
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