Database Search Result Details

First Name Daniel
Last Name Frost
Decision Date 12/7/2017
Docket Number 2017-0472-BSC
ALJ CHL
Respondent Bluefield State College
Employment Type HE
Job Title Counselor II
Topics Reprisal
Primary Issues Whether Grievant proved by a preponderance of the evidence that Respondent’s denial of requested annual leave was an act of reprisal.
Outcome Denied
Statutes W. Va. Code ST. R. § 156-1-6.2 (2008); W. Va. Code ST. R. § 156-1-3 (2008); W. Va. Code § 6C-2-1 et seq.; W. Va. Code § 6C-2-2(o)
Related Cases Frost v. Bluefield State Coll., Docket No. 2013-2074-BSC (Mar. 19, 2015); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Goff v. Dep't of Transp./Div. of Highways, Docket No. 03-DOH-048 (Apr. 7, 2003); Coster v. W. Va. Div. of Corr., Docket No. 98-CORR-506 (Feb. 24, 1999); Daugherty v. Bd. of Directors, Docket No. 93-BOD-295 (Apr. 27, 1994); Daggett v. Wood County Bd. of Educ., Docket No. 91-54-497 (May 14, 1992); Emrick v. Wood County Bd. of Educ., Docket No. 03-54-300 (March 9, 2004); Shaffer v. Kanawha County Bd. of Educ. & Pauley, Docket No. 2013-0161-KanED (Sept. 19, 2013); Stewart v. Div. of Corr., Docket No. 04-CORR-430 (May 31, 2005); Jarrell v. Raleigh County Bd. of Educ., Docket No. 95-41-479 (July 8, 1996); White v. Monongalia County Bd. of Educ., Docket No. 93-30-371 (Mar. 31, 1994); Hinkle, et al., v. W. Va. Div. of Highways, Docket No. 2015-0807-CONS (Mar. 22, 2016); Howell v. W. Va. Dep’t of Health and Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Conner v. Barbour County Bd. of Educ., Docket No. 93-01-154 (Apr. 8, 1994); Poore v. W. Va. Dep’t of Health & Human Res./Bur. for Children & Families, Docket No. 2010-0448-DHHR (Feb. 11, 2011); Frank’s Shoe Store v. W. Va. Human Rights Comm’n, 179 W. Va. 53, 365 S.E.2d 251 (1986); Warner v. Dep’t of Health & Human Res., Docket No. 2012-0986-DHHR (Oct. 21, 2013); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Mace v. Pizza Hut, Inc., 377 S.E.2d 461 (W. Va. 1988); Sloan v. Dep’t of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004)
Keywords Reprisal; Retaliation; Rebut; Grievance Process; Pretext; Annual Leave; Sick Leave; Denial; Attendance; Teaching
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County 1/11/2017, Civil Action #18-AA-7, Kaufman; Final Order 4/24/2018; Affirmed
Supreme Court
Synopsis During the 2016 Fall semester, Grievant was scheduled to teach a college skills class to incoming freshmen. During the first three weeks of classes, Grievant missed three days of teaching his class because he took approved annual leave. Thereafter, Grievant requested annual leave for two more days in early September, one of which was a teaching day. Grievant’s supervisor denied his request for annual leave on the teaching day, but not the other. Grievant alleged reprisal for participating in the grievance process. Respondent denied Grievant’s claim, and argued that the request for annual leave was properly denied. Grievant proved by a preponderance of the evidence a prima facie case of reprisal. Respondent rebutted the presumption of retaliation by offering legitimate, nonretaliatory reasons for the denial of annual leave. Grievant failed to demonstrate that Respondent’s stated reason for the denial was a pretext for a retaliatory motive. Therefore, this grievance is DENIED.

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