Database Search Result Details
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First Name
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Paul
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Last Name
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Dillon, et al.
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Decision Date
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4/16/2021
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Docket Number
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2019-0490-CONS
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ALJ
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RLR
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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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Operator III
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Topics
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Selection
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Primary Issues
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Whether Grievants proved that the selection decision concerning the vacancies in question 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 § 6C-2-2(h)
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Related Cases
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Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Pullen v. Dep’t of Transp., Docket No. 06-DOH-121 (Aug. 2, 2006); Burgess v. Div. of Highways, Docket No. 2019-0576-DOT (Nov. 22, 2019)
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Keywords
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Selection; Qualifications; Hiring Process; Seniority; 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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Respondent posted a total of three vacancies for Transportation Worker 2 Crew Chief in two separate postings. The vacancies were for Mingo County. Grievants and six other internal and four external applicants applied for the positions. Neither Grievant was recommended nor selected for any of the vacant positions.
Grievants argue that the hiring process was improper, and their non-selection was arbitrary and capricious because they were the most qualified candidates. Both Grievants are experienced and capable employees with good employment records. However, they did not prove that any flaws occurred in the hiring process. Grievants did not prove that the reasons for selecting the successful applicants were not reasonably related to the position being filled.
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