Database Search Result Details
|
First Name
|
Ron
|
|
Last Name
|
Brown
|
|
Decision Date
|
1/4/2023
|
|
Docket Number
|
2023-0083-HamED
|
|
ALJ
|
JSF
|
|
Respondent
|
Hampshire County Board of Education
|
|
Employment Type
|
SERV
|
|
Job Title
|
Bus Operator
|
|
Topics
|
Written Reprimand
|
|
Primary Issues
|
Whether Grievant proved that his punishment was arbitrary and capricious or that mitigation is warranted.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 126-92-12.1.b.4. (2020); W. Va. Code § 17C-7-9(a); W. Va. Code § 17C-7-1(a); W. Va. Code § 17C-7-6(a); W. Va. Code §18-5-13C(c)(1)
|
|
Related Cases
|
Simms v. Division of Natural Resources, Docket No. 2015-1156-DOCS (Nov. 12, 2015); McDaniel v. Div. of Highways, Docket No. 2017-1404-CONS (June 30, 2017); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
|
|
Keywords
|
Written Reprimand; Crossing the Center Line; Discrimination; Arbitrary and Capricious; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant is employed as a bus driver by Respondent, Hampshire County Board of Education, and trains Respondent’s drivers through a third-party employer. One morning, Grievant maneuvered his bus over the center line in response to an oncoming pickup truck that had crossed into his lane. The pickup truck in turn veered to its right where it struck and injured a student attempting to crossover to board the bus. Respondent issued Grievant a written reprimand which deemed Grievant’s maneuver improper and the cause of injury. Respondent suspended for a year its use of Grievant’s training services. Grievant claims that he acted to protect students by maneuvering for impact. Grievant asserts that Respondent is not statutorily authorized to stop using his third-party services and claims tortious interference. The Grievance Board lacks jurisdiction over claims related to Grievant’s third-party employment. Respondent proved that Grievant improperly crossed the center line and that this infraction is associated with an injury. Grievant failed to prove discrimination or mitigation. Accordingly, this grievance is DENIED.
|
Back to Results
Search Again