Database Search Result Details

First Name Donnie
Last Name Preast, et al.
Decision Date 7/7/2017
Docket Number 2016-1532-CONS
ALJ CHL
Respondent Division of Highways
Employment Type State
Job Title Transportation Worker 2
Topics Selection for Training
Primary Issues Whether Grievants proved by a preponderance of the evidence that Respondent failed to follow its policy regarding the selection of employees to be sent to the Equipment Operators Training Academy, and whether Respondent’s decision was arbitrary and capricious.
Outcome Granted
Statutes W. Va. Code St. R. § 156-1-3 (2008)
Related Cases Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep’t of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Lanehart v. Logan County Bd. of Educ., Docket No. 95-23-235 (Dec. 29, 1995); Perdue v. Dep’t of Health & Human Res., Docket No. 93-HHR-050 (Feb. 4, 1994); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Bailey v. W. Va. Dep’t of Transp., Docket No. 94-DOH-389 (Dec. 20, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); Womack & Means v. Div. of Highways, Docket No. 2016-1577-CONS (Mar. 24, 2017)
Keywords Training; Selection; Equipment Operators Training Academy; Tier System; Upgrade; Experience; Tenure; Seniority; Service; Leave Balances; Seat Time; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievants signed up to be considered for selection to attend three heavy equipment trainings at the Respondent’s Equipment Operators Training Academy. Grievants were not selected for the trainings. Respondent selected three other employees who had fewer years of service with DOH, and questionable experience. Grievants argue that Respondent failed to follow its policy for selecting employees for these trainings, and that its decisions were arbitrary and capricious. Respondent denies Grievants’ claims, asserting that it followed its policy, and its selection decisions were proper. Grievants proved by a preponderance of the evidence that Respondent failed to follow its policy in selecting employees for the training, and that its decisions were arbitrary and capricious. Therefore, the grievance is GRANTED.

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