Database Search Result Details
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First Name
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Jimmy
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Last Name
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Myers, et al.
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Decision Date
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10/16/2018
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Docket Number
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2017-2267-CONS
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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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TW2/3
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Topics
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Overtime
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Primary Issues
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Whether Respondent’s distribution of emergency overtime was arbitrary and capricious or as the result of discrimination or favortism.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Leichliter v. 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); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); 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)
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Keywords
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Overtime; Policy; Discrimination; Favoritism; 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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Grievants are employed by Respondent as transportation workers and grieve the distribution of emergency overtime at their worksite. Grievant allege discrimination or favoritism and that the assignment of overtime was arbitrary and capricious. Respondent asserts the assignment of overtime was proper under it operating procedures. Grievants failed to prove discrimination, favoritism, or that Respondent’s actions were arbitrary and capricious. Accordingly, the grievance is denied.
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