Database Search Result Details
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First Name
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Kristopher
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Last Name
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Wilcoxen
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Decision Date
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4/27/2018
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Docket Number
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2017-2062-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Behavioral Health and Health Facilities and Division of Personnel
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Employment Type
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STATE
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Job Title
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Facility Surveyor
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Topics
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Reallocation
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Primary Issues
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Whether Grievant proved that the Division of Personnel’s decision to reallocate the position he occupies was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-4.4(b)
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Related Cases
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Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Pers., Docket No. 99-T&R-118 (Aug 30, 1999), aff’d Kan. Co. Cir. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); See Hayes v. W. Va. Dep't of Natural Res., Docket No. NR-88-038 (Mar. 28, 1989); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Harmon v. Dep’t of Health and Human Res., Docket No. 99-HHR-432 (May 15, 2000); Baldwin v. Dep’t of Health and Human Res., Docket No. 99-HHR-142 (Oct. 28, 1999).
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Keywords
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Reallocation; classification; job duties; arbitrary or 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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At the time this grievance was filed, Grievant was employed by Respondent as a Health Facilities Surveyor 1. Grievant protests the Division of Personnel’s decision to reallocate the position he occupies to Building and Grounds Manager and asserts the position should remain classified as Health Facilities Surveyor 1. Grievant failed to prove the Division of Personnel’s decision to reallocate the position he occupies was arbitrary and capricious or that the classification he seeks is the best fit for the position. Accordingly, the grievance is denied.
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