Database Search Result Details
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First Name
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Jason
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Last Name
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Lane
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Decision Date
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6/5/2023
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Docket Number
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2023-0109-DOT
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ALJ
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RLR
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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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Utility Supervisor
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Topics
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Suspension
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Primary Issues
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Whether Respondent met its burden of proof and demonstrated by preponderance of the evidence the allegations against the Grievant.
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Outcome
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Denied
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Statutes
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W. VA. CODE S 6C-2-4(a)(1)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No.
97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17,
1996). See Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont state College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W.
Va. Div. of Human serv., Docket No. 90-DHS-524 (May 14, 1991). Overbee v. Dep't of Health and Human Res./Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996) Pingley v. Div. of Corr., Docket No. 95-CORR-252 (July 23, 1996).. ." McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995)
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Keywords
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Favoritism, suspension, back pay
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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 employed as a Utility Supervisor with the Division of Highways.Grievant was disciplined, for the second time, for similar behavior that was inappropriate and a violation of policy. Respondent met its burden of proof and demonstrated by preponderance of the evidence the allegations of the Grievant. The record did not support mitigation of the imposed suspension. The grievance is denied.
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