Database Search Result Details
|
First Name
|
Alex
|
|
Last Name
|
Conner, et al.
|
|
Decision Date
|
3/6/2018
|
|
Docket Number
|
2017-2292-CONS
|
|
ALJ
|
LRB
|
|
Respondent
|
Division of Highways
|
|
Employment Type
|
STATE
|
|
Job Title
|
Transportation Workers
|
|
Topics
|
Dismissed; Create New Position
|
|
Primary Issues
|
Whether this Grievance Board can order Respondent to create a permeant TW3 position as demanded by the Grievants.
|
|
Outcome
|
Dismissed; Remedy Wholly Unavailable
|
|
Statutes
|
W. Va. Code ' 6C-2-2(i); 156 C.S.R. 1 ' 6.11 (2008)
|
|
Related Cases
|
Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Lusher, et al. v. Dep't of Transportation, Div. of Highways, Docket No. 05-DOH-157 (June 15, 2015); Princeton Community Hosp. v. State Health Planning & Dev. Agency, 174 W. Va. 558, 328 S.E.2d 164 (1985); W. Va. Dep't of Health v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681 (1993)
|
|
Keywords
|
Motion to Dismiss; Create a New Position; Equipment Operation; Classification; Temporary Upgrade; Relief; Arbitrary and Capricious; Remedy Wholly Unavailable
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant Conner CA #18-AA-197 and Grievant Myers CA #18-AA-196 appealed to Kanawha County Circuit Court 4/6/18 (Kaufman); Affirmed, 9/10/2018
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants are demanding that Respondent create a permanent Transportation Worker 3 position for the exclusive operation of a piece of heavy equipment known as a boom mower. Respondent has deemed the position unnecessary. Grievants have not identified the violation of an applicable rule, policy, procedure, statute, or regulation. This Grievance Board has little to no authority to require an agency to adopt a policy or to make a specific change in a policy, absent some law, rule or regulation which mandates such a policy be developed or changed.
|
Back to Results
Search Again