Database Search Result Details
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First Name
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Gerald
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Last Name
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Robinson
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Decision Date
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3/30/2020
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Docket Number
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2020-0471-DOT
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ALJ
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JSF
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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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Equipment Operator
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Topics
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Suspension
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Primary Issues
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Whether Respondent had good cause to suspend Grievant.
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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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Redfearn v. Dep't of Labor, 58 MSPR 307 (1993); Fonville v. DHHS, 30 MSPR 351 (1986); Glover v. DHEW, 1 MSPR 660 (1980); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Adams v. Reg’l Jail & Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Miller v. Kanawha County Bd. of Educ., Docket No. 05-20-252 (Sept. 28, 2005); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996)
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Keywords
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Suspension; Insubordination; Offensive Language; Disrespecting Chain of Command; 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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Grievant is employed as an equipment operator for Respondent, Division of Highways. Grievant was tasked with dumping fill-dirt onto private property. Grievant’s supervisors directed Grievant to stop dumping near a drainage pipe and to instead dump on a hill. Grievant refused, then unloaded ten miles away. Respondent suspended Grievant for insubordination, disrespecting the chain of command, and using offensive language with a coworker. Grievant disputes the later two allegations but contends his noncompliance was justified because the directive was unsafe and contrary to the landowner’s wishes. Respondent proved discipline was justified. Grievant did not prove an affirmative defense to excuse his conduct or that mitigation was warranted. Accordingly, this grievance is Denied.
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