Database Search Result Details
|
First Name
|
Arron
|
|
Last Name
|
Freeman
|
|
Decision Date
|
5/23/2016
|
|
Docket Number
|
2015-1771-CONS
|
|
ALJ
|
BTC
|
|
Respondent
|
Division of Highways
|
|
Employment Type
|
STATE
|
|
Job Title
|
Transportation Worker 2
|
|
Topics
|
Suspension
|
|
Primary Issues
|
Whether Respondent proved Grievant violated his leave restriction on two occasions and was justified in suspending Grievant for one and then two days for this violation.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Liller v. W. Va. Human Rights Comm’n, 180 W. Va. 433, 376 S.E.2d 639 (W. Va. 1988); Boyer v. Wood County Bd. of Educ., Docket No. 95-54-309 (Sept. 29, 1995); Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985)
|
|
Keywords
|
Suspension; Leave Restriction; Attendance Deficiencies; Due Process
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant is employed as a Transportation Worker 2. Grievant protests his suspension for one and then two days for occurrences violating a previously-imposed leave restriction. Grievant cannot relitigate the imposition of the leave restriction as he previously filed a grievance, which was denied at level one that he did not appeal. Grievant was not denied due process as he was given clear written notice of the charges against him and written notice and an opportunity to respond and he failed to do so. Respondent proved Grievant violated his leave restriction on two occasions and was justified in suspending Grievant for one and then two days for this violation when Grievant had previously been disciplined for attendance issues. Accordingly, the grievance is denied.
|
Back to Results
Search Again