Database Search Result Details
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First Name
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Steve
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Last Name
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Hamner
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Decision Date
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6/15/2017
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Docket Number
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2016-1630-DOT
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ALJ
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RLR
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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 3
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Topics
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Discrimination
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Primary Issues
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Whether Grievant established a claim of discrimination.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997)
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Keywords
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Discrimination; Transportation Worker Apprenticeship Program; Classification; Class A-CDL; 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 an equipment operator, in the Transportation Workers 3 classification. Grievant argues that Respondent’s requirement that he possess a Class A-CDL to advance in their recently implemented tier program is unreasonable. Grievant failed to demonstrate by a preponderance of the evidence that Respondent acted in an arbitrary and capricious manner by including the Class A-CDL license as a component of the Transportation Worker Apprenticeship Program. Grievant also failed to demonstrate that he was the victim of discrimination.
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