Database Search Result Details
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First Name
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Jonathan
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Last Name
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Cosby
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Decision Date
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6/17/2021
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Docket Number
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2020-1030-MAPS
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ALJ
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LRB
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Community Corrections
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Employment Type
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STATE
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Job Title
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Corporal
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Topics
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Selection
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Primary Issues
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Whether Grievant demonstrated that the selection decision was unlawful, unreasonable, or arbitrary and capricious.
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Outcome
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Denied
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Statutes
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143 C.S.R. 1 § 6.1 (2007)
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Related Cases
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Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Terry S. Bradley v. Division of Corrections/Pruntytown Correctional Center, Docket No. 2015-0867-MAPS (May 3, 2016); Angela Booth v. Division of Corrections/Huttonsville, Docket No. 2016-0539-MAPS (December 30, 2017)
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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 filed this action challenging his non-selection for the posted position of Correctional Officer IV (“Sargent”). Grievant alleges bias. Respondent maintains the selection was in accordance with applicable procedure, rules, and regulations. The successful applicant had the higher test score, and the higher total in-person interview score. The successful applicant was ranked higher in performance by his supervisor, the Associate Superintendent, and Superintendent. Grievant did not prove that unlawful bias or favoritism played a significant part in the selection process. It is not established that the selection process was biased and therefore arbitrary or capricious. Grievant did not meet his burden of proof to establish that he should have been selected for the position. Accordingly this grievance is DENIED.
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