Database Search Result Details
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First Name
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Clinton
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Last Name
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Drainer
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Decision Date
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1/17/2023
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Docket Number
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2022-0706-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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Transportation Worker 2 Equipment Operator
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Topics
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Selection
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Primary Issues
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Whether Grievant proved discrimination, favoritism, or that the selection decisions were arbitrary and capricious or unreasonable.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(k); W.Va. Code St. R. § 156-1-6.12 (2018); W. Va. Code § 6C-2-2(h)
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Related Cases
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Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998)
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Keywords
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Selection; Discrimination; Favoritism; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant filed appeal to ICA on 10/31/22; No. 23-ICA-53; ICA Affirmed Grievance Board Decision on 9/26/23
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a Transportation Worker 2 Equipment Operator. Grievant grieves his nonselection for training, alleging discrimination or favoritism and asserting he was not selected due to his age. Respondent denies discrimination or favoritism and asserts the selection decisions were made according to the needs of the agency. Grievant failed to prove discrimination, favoritism, or that the selection decisions were arbitrary and capricious or unreasonable. Accordingly, the grievance is denied.
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