Database Search Result Details
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First Name
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Dawn
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Last Name
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Zimmerlink
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Decision Date
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3/17/2017
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Docket Number
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2016-0967-WVU
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ALJ
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RLR
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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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Operations Coordinator
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Topics
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Selection
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Primary Issues
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Whether Grievant demonstrated that the selection decision was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18B-7-3(e)(3)
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Related Cases
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Unrue v. W. Va. Div. of Highways, Docket No. 95-DOH-287 (Jan. 22, 1996); Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Skeens v. Div. of Rehabilitation Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Ashley v. W. Va. Dep't of Health & Human Res., Docket No. 94-HHR-070 (June 2, 1995)
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Keywords
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Selection; Minimum Qualifications; Experience; Arbitrary and Capricious
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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 is employed by West Virginia University as an Operations Coordinator for Facilities Management. Grievant argues that she was the most qualified applicant for a Purchasing Agent position based on her experience which requires that she complete duties similar to those of a Purchasing Agent. Grievant also asserts that consideration should be given to her seniority earned while working at West Virginia University. The determination of which applicant for a position will not be changed absent a showing that the decision was arbitrary and capricious. Grievant failed to demonstrate that her qualifications were superior to those of the successful applicant, or that there was a flaw in the selection process.
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