Database Search Result Details
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First Name
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Eugene
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Last Name
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Thompson, et al.
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Decision Date
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9/2/2021
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Docket Number
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2018-1387-CONS
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ALJ
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LRB
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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 Workers
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Topics
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Overtime; Duty Assignment
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Primary Issues
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Whether Respondent’s actions were arbitrary, capricious or in violation of any known rule or regulation applicable to the circumstance.
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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(d)
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Related Cases
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Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Directors/Bluefield State College, Docket No. 93-BOD-400 (Apr. 11, 1995); Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Mickles v. Dep’t of Envtl. Prot., Docket No. 06-DEP-320 (Mar. 30, 2007), aff’d, Fayette Cnty. Cir. Ct. Docket No. 07-AA-1 (Feb. 13. 2008); Adams v. Reg’l Jail & Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Miller v. Kanawha County Bd. of Educ., Docket No. 05-20-252 (Sept. 28, 2005); Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001)
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Keywords
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Overtime; Job Duties; Discrimination; 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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Grievants are desirous of additional overtime activity and pay. Grievants were represented by Union representation of the WV Public Workers Union, a non-attorney representation. This is Grievants’ second bite at this allegation of alleged wrongdoing by Respondent. Grievants, are primarily Transportation Workers 2 and 3 Equipment Operators, who have in the past performed skip paving and earned overtime, however this activity is now being performed by an alternative branch of Respondent’s work force. Grievants contend Respondent’s actions are not proper.
Grievant failed to establish that Respondent’s business decision was improper or unlawful. Grievants failed to establish any wrongdoing by Respondent. Grievants failed to identify a specific rule or regulation that Respondent is violating to the detriment of Grievants. Grievants failed to establish any loss of compensation, to which they are clearly entitled. Respondent has recognized and established authority to govern its workforce. Management can determine the best way to utilize various workforce units to better serve the organization’s objective and the most efficient use of resources as long as employees are performing task within their classification. Grievance DENIED.
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