Database Search Result Details
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First Name
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Jimmie
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Last Name
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Owen
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Decision Date
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10/7/2021
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Docket Number
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2021-0255-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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TW3CRCH
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved Grievant committed misconduct and was justified in suspending Grievant for three days for the proven misconduct.
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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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Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Blake v. Civil Serv. Comm'n, 172 W. Va. 711, 310 S.E.2d 472 (1983); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sep. 13, 2002); Crites v. Dep't of Health & Human Res., Docket No. 2011-0890-DHHR (Jan. 24, 2012)
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Keywords
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Suspension; Misconduct; Gross Misconduct; Insubordination
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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 was employed by Respondent as a Transportation Worker 3, Crew Chief. Grievant was suspended for three days for four separate alleged acts of misconduct. Respondent failed to prove Grievant’s refusal of a directive was insubordinate as Respondent did not prove the refusal was wilful. Respondent proved Grievant committed gross misconduct for stranding a coworker during lunch at a restaurant by purposely leaving in the only vehicle without warning. Respondent was justified in suspending Grievant for three days for that act of gross misconduct. Accordingly, the grievance is denied.
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