Database Search Result Details
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First Name
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Jack
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Last Name
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Jarrells
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Decision Date
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5/28/2021
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Docket Number
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2019-1508-CONS
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ALJ
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BTC
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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
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Topics
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Selection
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Primary Issues
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Whether Grievant proved Respondent’s selection decision was arbitrary and capricious.
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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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Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); 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); Spears v. Dep't of Health & Human Res., Docket No. 04-HHR-284 (July 27, 2005); McFadden v. W. Va. Dept of Health and Human Resources, Docket No. 94-HHR-428 (Feb. 17, 1995); Bradley v. Cabell County Bd. of Educ., Docket No. 99-06-150 (Sept. 9, 1999); Dadisman v. W. Va. Div. of Rehabilitation Serv., Docket Nos. 98-RS- 023/040 (Mar. 25, 1999)
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Keywords
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Selection; Interview Process; 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 by Respondent, Division of Highways, as a Transportation Worker 2. Grievant protests his nonselection for one of three Transportation Worker 3 Equipment Operator positions. Grievant failed to prove the selection decision was arbitrary and capricious. Grievant failed to prove the selection decision was arbitrary and capricious. Although there was a procedural error in the selection process, the error was harmless. Accordingly, the grievance is denied.
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