Database Search Result Details
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First Name
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Samuel
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Last Name
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Rutherford
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Decision Date
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6/23/2022
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Docket Number
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2020-1568-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 Worker 2
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Topics
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Written Reprimand, Suspension
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that Grievant violated WVDOH Standards of Work Performance and Conduct.
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Outcome
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Denied
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Statutes
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Division of Highways Administrative Operating Procedures
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Related Cases
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Keywords
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Written Reprimand; Work Standards; Job Performance; Disciplinary Action Policy; Arbitrary and Capricious; Mitigation
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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 a Transportation Worker 2 Equipment Operator employed by Respondent. Grievant protests a written reprimand and suspension for not performing up to work standards and failure to conduct himself properly during interactions with supervisors. Grievant repeatedly questioned management’s decisions and openly argued with his supervisor regarding job directions. Grievant is disruptive and in violation to established work standards. Respondent by a preponderance of the evidence established proper justification for disciplinary action. Accordingly, the grievance is DENIED.
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