Database Search Result Details
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First Name
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Jamie
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Last Name
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Watkins
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Decision Date
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3/22/2024
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Docket Number
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2023-0214-DOT
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ALJ
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JSF
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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 3 Equipment Operator
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Topics
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Selection
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Primary Issues
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Whether Respondent acted arbitrarily and capriciously in failing to select Grievant for Crew Chief.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982));
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Keywords
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Posting
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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 grieves his non-selection for Crew Chief by Respondent, Division of Highways, and requests instatement over the selected candidate, Justin Miller, who misrepresented his experience. Career Services reviews written applications and only permits eligible candidates to be considered for selection by an interview panel. Career Services deemed Mr. Miller eligible because he had the requisite 5 years of paid construction experience. The interview panel interviewed eligible candidates, including Grievant and Mr. Miller. The panel scored Mr. Miller highest and Grievant fifth. At the level three hearing, Mr. Miller admitted to having misrepresented to Career Services his experience as “7 years to 9 years” and that he only had 6 years of requisite experience. Grievant failed to prove that Mr. Miller lacked the requisite qualifications to be interviewed or that his misrepresentation played a role in his selection. Grievant did not prove that the selection process was arbitrary and capricious. Accordingly, the grievance is DENIED.
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