details - Public Grievance Board

First Name	Deb
Last Name	Britton
Decision Date	6/11/2018
Docket Number	2017-2497-CONS
ALJ	RLR
Respondent	Department of Health and Human Resources/Hopemont Hospital
Employment Type	STATE
Job Title
Topics	Staffing
Primary Issues	Whether Grievant demonstrated that Hopemont Hospital’s staffing decisions are arbitrary and capricious.
Outcome	Denied
Statutes	W. Va. Code § 6C-2-3(g)(1)
Related Cases	Knight v. Dep’t of Health & Human Res./BCSE, Docket No. 2008-0981-DHHR (Aug. 6, 2009); Beaton, et al. v. Dep’t of Health & Human Res./Sharpe Hospital, Docket No. 2013-0496-CONS (Dec. 20, 2013); Rodeheaver v. Dep’t of Health & Human Res., Docket No. 00-HHR-312 (July 31, 2001); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Harrison v. Ginsberg, [169 W. Va. 162], 286 S.E.2d 276, 283 (W. Va. 1982)
Keywords	Staffing; Predetermination Meeting; Rules; Policy; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is employed at Hopemont Hospital and also serves as a union representative in disciplinary meetings conducted at Hopemont Hospital. Grievant was instructed to allow her co-worker to answer questions directed to the co-worker during a predetermination meeting. Grievant alleges that this is a violation of her statutory rights. Respondent denies that Grievant was instructed that she could not speak during the meeting. Grievant did not establish by a preponderance of the evidence that Respondent violated her rights as set out in the applicable statute. Grievant also alleges that Respondent is working the patient care staff under acuity and does not have enough staff employed in order to meet the needs of the patients at the hospital. Grievant has failed to demonstrate by a preponderance of the evidence that Hopemont Hospital’s staffing decisions are contrary to applicable law or otherwise, arbitrary and capricious.

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