Database Search Result Details
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First Name
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Zachary
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Last Name
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King
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Decision Date
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7/19/2021
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Docket Number
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2021-0027-DOT
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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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Bridge Inspector IV
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Topics
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Suspension
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Primary Issues
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Whether Respondent was justified in suspending Grievant until he agreed to comply with his supervisor’s directive.
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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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Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Day v. Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14, 2007)
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Keywords
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Suspension; Refusal to Comply with a Directive; Return to Work Guidelines; COVID-19 Exposure
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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 Bridge Inspector IV. Grievant was suspended for failing to follow his supervisor’s directive to wear a face mask pursuant to Respondent’s guidelines. At the time of the suspension, Grievant provided no legitimate reason for his refusal to comply with the directive. Respondent was justified in suspending Grievant until he agreed to comply with his supervisor’s directive. Accordingly, the grievance is denied.
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