Database Search Result Details
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First Name
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Samuel
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Last Name
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Cutright, et al.
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Decision Date
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11/22/2019
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Docket Number
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2019-0193-CONS
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Various
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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 verbal directive prohibiting them from scheduling sixteen-hour shifts was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-14.2 (2016)
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Related Cases
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Ball v. Dep’t of Transportation/Division of Highways and Division of Personnel, Docket No. 96-DOH-141 (July 31, 1997); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Board v. Dep’t of Health and Human Resources/Lakin Hospital, Docket No. 99-HHR-329 (Feb. 2, 2000); Rodeheaver v. Dep’t of Health and Human Res., Docket No. 00-HHR-312 (July 31, 2001)
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Keywords
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Work Schedules; Sixteen-Hour Shift; Verbal Directive; 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 Sharpe Hospital. Sharpe had allowed Grievants to work sixteen-hour shifts in conjunction with its written policy permitting these shifts. In order to reduce employee fatigue and payroll expenses, Sharpe issued a verbal directive prohibiting employees from scheduling sixteen-hour shifts. Grievants contend that Sharpe’s directive is improper because its written policy permitting sixteen-hour shifts remains unchanged. Grievants assert that Respondent also failed to follow the Administrative Rule in not submitting the modification of shift hours to the Director of Personnel. Grievants failed to prove that Sharpe’s verbal directive violated either its written policy or the Administrative Rule. Accordingly, the grievance is DENIED.
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