Database Search Result Details
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First Name
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Paula
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Last Name
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Welch, et al.
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Decision Date
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4/19/2018
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Docket Number
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2017-1870-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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Topics
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Flu Vaccination Policy
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Primary Issues
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Whether Grievants proved that Respondent violated or misapplied any policy, rule, law or regulation or otherwise acted in an arbitrary and capricious manner.
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Outcome
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Denied
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Statutes
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Related Cases
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Tuell v. Dep’t of Health & Human Res./Div. of Personnel, Docket No. 2014-1600-DHHR (Dec. 1, 2015); 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)
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Keywords
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Flu Vaccination Policy; Influenza Immunization Program; 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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Ms. Welch is a Food Service Worker and has been employed at Sharpe Hospital since 2006. The other Grievants in this case are employed in various classifications within Sharpe Hospital. Grievants argue that Sharpe Hospital made a flu vaccination mandatory and that they should not be required to take the vaccination or to wear a mask if they do not take the vaccination. Record established that by implementing the flu vaccination policy, or asking employees who might be infected with the flu virus to wear a mask, Respondent was attempting to protect the health and welfare of all employees, patients and the public. Grievants failed to prove by a preponderance of the evidence that Respondent’s actions in this case were contrary to law, policy, rules, regulations or were otherwise arbitrary and capricious.
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