Database Search Result Details
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First Name
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Robert
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Last Name
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Newlon, et al.
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Decision Date
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5/23/2017
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Docket Number
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2016-1604-CONS
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ALJ
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LRB
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 2-Equipment Operator
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Topics
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Training
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Primary Issues
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Whether Grievants proved that their non-selection for identified equipment training was an arbitrary and capricious decision.
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Outcome
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Denied
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Statutes
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W. Va. Code 29-6-10(4); W. Va. Code 6C-2-2(h)
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Related Cases
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Keywords
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Selection Process for Training; Seniority; Experience; Favoritism; 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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Grievants are Transportation Worker 2 Equipment Operators employed by the Division of Highways, Respondent. Grievants claim their employer=s selection of individuals to attend training courses for equipment operation is flawed. Grievants also tend to allege that they are victims of favoritism in not being selected for equipment operator certification training. Grievants’ claims were not substantiated by the evidence. Seniority is a factor, but not the sole consideration for granting employment benefits. It was not established that the training selection decisions were arbitrary and capricious, nor did Grievants prove favoritism. This grievance is DENIED.
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