details - Public Grievance Board

First Name	Timothy
Last Name	Heater, et al.
Decision Date	9/26/2018
Docket Number	2018-0571-CONS
ALJ	RLR
Respondent	Division of Highways
Employment Type	STATE
Job Title	Transportation Worker 3
Topics	Dismissed
Primary Issues	Whether Respondent demonstrated that a remedy wholly unavailable.
Outcome	Dismissed; Remedy Wholly Unavailable
Statutes
Related Cases	Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Princeton Community Hosp. v. State Health Planning & Dev. Agency, 174 W. Va. 558, 328 S.E.2d 164 (1985); W. Va. Dep’t of Health v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681 (1993); 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)
Keywords	Motion to Dismiss; Remedy Wholly Unavailable; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievants are requesting that the undersigned create a new position within the Buildings and Trades classification. Respondent has come to the conclusion that the position is unnecessary. A government agency’s determination regarding matters within its expertise is entitled to substantial weight, unless the decision can be viewed as arbitrary and capricious. Respondent’s decision cannot be viewed as arbitrary and capricious. The Grievance Board has little to no authority to require an agency to adopt a policy or to make a specific change in a policy, absent some law, rule or regulation which mandates such a policy be developed or changed. The record of this case did not support such a conclusion. Accordingly, the record established by a preponderance of the evidence that Grievants are requesting a remedy wholly unavailable.

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