Database Search Result Details
|
First Name
|
Joshua
|
|
Last Name
|
James
|
|
Decision Date
|
8/3/2022
|
|
Docket Number
|
2021-2542-CONS
|
|
ALJ
|
BTC
|
|
Respondent
|
Division of Highways
|
|
Employment Type
|
STATE
|
|
Job Title
|
Transportation Worker 1 Laborer
|
|
Topics
|
Retaliation
|
|
Primary Issues
|
Whether Grievant proved Respondent’s change in policy was improper or that Respondent’s application of the policy to him was arbitrary and capricious.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Adams v. Reg’l Jail and Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Skaff v. Pridemore, 200 W. Va. 700, 709, 490 S.E.2d 787, 796 (1997); Jenkins v. West Virginia University, Docket No. 2008-0158-WVU (June 2, 2009)
|
|
Keywords
|
Retaliation; Temporary Upgrade Policy; Classification; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant is employed by Respondent as a Transportation Worker 1 Laborer. Grievant alleges retaliation and protests Respondent’s change in its temporary upgrade policy and in the application of the policy to him. The incidents Grievant asserts were retaliatory were not a part of the consolidated grievance. Grievant failed to prove Respondent’s change in policy was improper, that Respondent’s application of the policy to him was arbitrary and capricious, or that he was entitled to back pay. Accordingly, the grievance is denied.
|
Back to Results
Search Again