Database Search Result Details
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First Name
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Matthew
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Last Name
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Johnson
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Decision Date
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9/18/2018
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Docket Number
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2017-1555-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker II Equipment Operator
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Topics
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Unauthorized Leave
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Primary Issues
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Whether disciplining Grievant for failing to provide twenty-four hours of notice for emergency leave was justified.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018)
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994)
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Keywords
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Unauthorized Leave; Emergency Annual Leave; Policy
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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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Grievant is employed by Respondent as a Transportation Worker II Equipment Operator. Grievant was denied his application for four hours of emergency annual leave and disciplined for unauthorized leave for failing to provide twenty-four hours of notice for his emergency leave. Respondent had no written policy or procedure requiring twenty-four hours of notice for requesting emergency leave and it is unreasonable to require twenty-four hours of notice for emergency leave. Respondent failed to prove that disciplining Grievant for failing to provide twenty-four hours of notice for his emergency leave was justified. Accordingly, the grievance is granted.
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