Database Search Result Details
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First Name
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Danetta
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Last Name
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Calhoun, et al.
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Decision Date
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6/19/2018
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Docket Number
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2016-1345-CONS
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ALJ
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RLR
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Leave Policy
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Primary Issues
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Whether it was arbitrary and capricious for Respondent to comply with the Inclement Weather Policy by requiring Grievants to use annual leave for their absences.
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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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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); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988)
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Keywords
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Leave; Winter Weather; Inclement Weather Policy; 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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All thirteen Grievants in this consolidated case were or are employees at the Division of Motor Vehicles Regional Office in Charles Town, West Virginia. Grievants contend that they were improperly charged leave following two winter weather events in 2016. Record established that Grievants were properly charged leave consistent with the West Virginia Division of Personnel=s Emergency Situations/Inclement Weather Policy. Because the Governor did not direct non-essential personnel to not report to work on the days in question, employees who were unwilling or unable to report to work as scheduled were charged with annual leave. Record supports a finding that this policy was properly applied and Respondent did not act in an arbitrary and capricious manner.
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