Database Search Result Details
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First Name
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Andrew
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Last Name
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Pense
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Decision Date
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9/13/2017
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Docket Number
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2017-1009-DOE
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ALJ
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BLG
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Respondent
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Department of Education
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Employment Type
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DOE
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Job Title
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Coordinator
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Topics
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Work Location
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Primary Issues
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Whether the decision to change Grievant’s headquarters location to Charleston was arbitrary and capricious, or was made in violation of the ruling in a level one decision.
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Outcome
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Granted
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Statutes
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W. Va. Code § 6C-2-4(b)(1)
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Related Cases
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Zigmond v. Civil Service Comm’n, et al., 186 S.E.2d 696 (W. Va. 1972), and Childers v. Civil Service Comm’n, [155 W. Va. 69,] 181 S.E.2d 22 (W. Va. 1971); Rice v. Dep’t of Transp./Div. Of Highways, Docket No. 96-DOH-247 (Aug. 29, 1997); Adams v. Regional Jail Auth. and Correctional Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); W. Va. Pub. Empl. Ins. Bd. v. Blue Cross Hosp. Serv., Inc., 179 W. Va. 605, 328 S.E.2d 356 (1985); Freeman v. Poling, 175 W. Va. 814, 819, 338 S.E.2d 415, 421 (1985); Townsend v. Kanawha County Bd. of Educ., Docket No. 2016-1702-KanED (May 22, 2017)
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Keywords
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Work Location; Headquarters; Travel Reimbursement; Management Decision; Arbitrary and Capricious; Level One Decision; Respondent Appeal Rights
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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 filed a grievance after his headquarters location was changed. That grievance was granted at level one, and the headquarters change was reversed. The decision stated that after a comprehensive review of the situation, “a final recommendation would be made to the State Superintendent of Schools, for his consideration and approval.” Several months later the Deputy Superintendent of Schools and Grievant’s supervisor made the decision to again change Grievant’s headquarters location. While the State Superintendent was kept informed, no recommendation for this change was made to the State Superintendent for approval. Respondent was bound by the level one decision, and could change Grievant’s headquarters location only in accordance with the directives of that decision. The decision to change Grievant’s headquarters is void.
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