Database Search Result Details
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First Name
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Nola
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Last Name
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Lilly, et al.
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Decision Date
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10/25/2019
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Docket Number
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2018-0951-CONS
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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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Topics
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Work Shift
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Primary Issues
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Whether Grievants proved that Respondent’s decision to change its work shifts was arbitrary and capricious or discriminatory.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-14.2 (2016); W. Va. Code § 6C-2-2(d)
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Related Cases
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Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Adams v. Reg’l Jail and Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997)
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Keywords
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Work Shift Change; Policy; Discrimination; 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, Department of Health and Human Resources within the Bureau for Behavioral Health and Health Facilities at Jackie Withrow Hospital. Grievants protest Respondent’s decision to change the hospital’s work shifts alleging the decision to be arbitrary and capricious and discriminatory. Respondent asserts it was within its discretion to change the shifts and it violated no law or rule in doing so. Grievants failed to prove Respondent’s decision to change its work shifts was arbitrary and capricious or discriminatory. Accordingly, the grievance is denied.
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