Database Search Result Details
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First Name
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Thomas
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Last Name
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Hackney
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Decision Date
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4/2/2021
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Docket Number
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2020-0917-DOA
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ALJ
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BTC
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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Groundskeeper
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved it was justified in suspending Grievant for three days for his misconduct.
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Outcome
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Denied
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Statutes
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W. Va. Code §§ 6C-2-1(b), -4(3)
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Related Cases
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Perry v. Dep’t of Health and Human Res., Docket No. 2017-1077-DHHR (Sept. 25, 2017), aff'd, Circuit Court of Kanawha County, No. 17-AA-84 (Aug. 10, 2018); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996)
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Keywords
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Suspension; Threatened and Embarrassed a Coworker; Policy Violation; Misconduct; Arbitrary and Capricious; Mitigation
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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 by Respondent as a Groundskeeper. Grievant protested a three-day suspension received for a confrontation with a coworker. Respondent proved Grievant threatened and embarrassed a coworker in violation of policy and it was justified in suspending Grievant for three days for this misconduct. Grievant failed to prove mitigation of the penalty was warranted. Accordingly, the grievance is denied.
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