Database Search Result Details

First Name Andy
Last Name Clark, et al.
Decision Date 3/22/2018
Docket Number 2017-1682-CONS
ALJ RLR
Respondent Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
Employment Type STATE
Job Title Heating Ventilation and Air Conditioning Technicians and Environmental Control Technicians
Topics Video Cameras
Primary Issues Whether Grievants proved that Respondent violated or misapplied any policy, rule, law or regulation by installing video cameras.
Outcome Denied
Statutes W. Va. Code § 21-3-20
Related Cases 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)
Keywords Video Surveillance Cameras; Break Room; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis 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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