Database Search Result Details
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First Name
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Bobby
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Last Name
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Smith
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Decision Date
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12/8/2020
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Docket Number
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2019-1777-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 2 Equipment Operator
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that Respondent’s selection decision was arbitrary and capricious, or clearly wrong.
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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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Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998)
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Keywords
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Selection; Vacancy; 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 protests his non promotion for a Crew Chief position by Respondent, Division of Highways. Grievant had in fact been selected, for a time, for the posted position, however, before his selection was completely processed, Grievant informed his supervisor that he did not want the position. The position was subsequently awarded to an alternate candidate. Grievant alleges Respondent’s actions were unlawful, unreasonable, or arbitrary and capricious.
Grievant maintains he is entitled to the promotion and requests he be granted the crew chief position. Respondent maintains its actions were reasonable and appropriate in the circumstances of this case. Grievant did not prove that the hiring decision regarding the successful applicant was arbitrary and capricious. Grievant did not establish by a preponderance of the evidence that Respondent acted unlawful, in not awarding him the Crew Chief position. This grievance is DENIED
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