Database Search Result Details
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First Name
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Joshua
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Last Name
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James
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Decision Date
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3/26/2020
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Docket Number
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2019-1353-DOT
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ALJ
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LRB
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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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Transportation Worker 1 Craft Worker
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Topics
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Job Assignment
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Primary Issues
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Whether Grievant established that Respondent violated any statute, regulation or policy, or that it abused its discretion, on meeting the needs of the agency by selecting certified equipment operators of a higher classification than Grievant to operate equipment.
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Outcome
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Denied
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Statutes
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Related Cases
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Lusher, et al. v. Depart. of Transportation, Div. of Highways, Docket No. 05-DOH-157 (June 15, 2005); Ball v. Dep’t. of Highways, Docket No. 96-DOH-141 (1997); Eddie Groves eta al v. Div., of Highways, Docket No.2015-1077-CONS
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Keywords
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Equipment Operation Assignments; Classification; Policy; Discrimination
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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 as a Transportation Worker 1 Craft Worker with the Division of Highways at Cabell County in Respondent’s District 2. Grievant alleges that he has been discriminated against regarding temporary upgrades to operate certain pieces of DOH equipment. The Transportation Worker classification has undergone a variety of developments in the recent years, notably an increase in various classification wages, thus increasing workers desire for higher classification. Nevertheless, management is charged with determine the best way to utilize the assigned workforce “to better serve the organization’s objectives” and the “most efficient use of resources” as long as workers are performing task within their classification.
Employer are empowered to reasonably manage the duties and activities of workers. Employees do not dictate their individual assignments. Grievant failed to establish by a preponderance of the evidence that Respondent’s decision regarding temporary upgrades for equipment operation to be the result of discrimination, favoritism, unlawful, unreasonable, or arbitrary and capricious reasons. This Grievance is DENIED.
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