Database Search Result Details
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First Name
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James
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Last Name
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Williams
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Decision Date
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4/3/2019
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Docket Number
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2018-0766-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Jackie Withrow Hospital
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Employment Type
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STATE
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Job Title
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Plumber
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Topics
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Unauthorized Leave
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Primary Issues
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Whether Respondent met its burden to prove that the disciplinary action taken 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. § 143-1-14.3.c (2016); W. Va. Code § 6C-2-5(a); W. Va. Code § 6C-2-7
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Related Cases
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Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Unauthorized Leave; Pay; Paid Holidays; Witness Credibility
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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 Plumber. Grievant grieves a charge of unauthorized leave that resulted in the docking of his pay and ineligibility for two paid holidays. Respondent asserts Grievant’s leave request was denied, which Grievant disputes. Although corroborating evidence was allegedly available, it was not presented, leaving the proof of the charge to the credibility of Grievant and his supervisor. Respondent failed to meet its burden to prove that the disciplinary action taken was justified when proof relied on witness credibility and it cannot be found that Respondent’s witness was more credible than Grievant. Accordingly, the grievance is granted.
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