Database Search Result Details
First Name
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Andy
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Last Name
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Clark, et al.
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Decision Date
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3/22/2018
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Docket Number
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2017-1682-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Heating Ventilation and Air Conditioning Technicians and Environmental Control Technicians
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Topics
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Video Cameras
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Primary Issues
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Whether Grievants proved that Respondent violated or misapplied any policy, rule, law or regulation by installing video cameras.
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Outcome
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Denied
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Statutes
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W. Va. Code § 21-3-20
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Related Cases
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Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996)
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Keywords
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Video Surveillance Cameras; Break Room; Arbitrary and Capricious
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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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The record of this case demonstrated that Respondent’s installation of the surveillance equipment was not in a break room, but in a work space. Grievants failed to prove by preponderance of the evidence that Respondent violated or misapplied any policy, rule, law or regulation or otherwise acted in an arbitrary and capricious manner.
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