Database Search Result Details
|
First Name
|
Gerald
|
|
Last Name
|
Hull, et al.
|
|
Decision Date
|
3/13/2018
|
|
Docket Number
|
2017-1966-CONS
|
|
ALJ
|
RLR
|
|
Respondent
|
Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Health Service Workers
|
|
Topics
|
Leave
|
|
Primary Issues
|
Whether Grievants met their burden of proof and establish that Respondent’s interpretation of the applicable rule was arbitrary and capricious.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Goff, et al. v. Dep’t of Health & Human Res., Docket No. 2016-1081-CONS (Feb. 16, 2017); Karp v. Dep’t of Health & Human Res., Docket No. 2017-1125-DHHR (Mar. 2, 2018)
|
|
Keywords
|
Holiday Leave; Sick Leave; Rule; Policy; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants are employed full-time as Health Service Workers at Sharpe Hospital. Grievants argue that Respondent should not interpret a Division of Personnel Rule to require employees to use holiday leave during a day in which they have requested sick leave. Grievants request that they be able use sick leave and bank holiday time for a later date. Grievants failed to meet their burden of proof and establish that Respondent’s interpretation of the applicable rule was in any way unreasonable or arbitrary and capricious.
|
Back to Results
Search Again