Database Search Result Details
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First Name
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Blain/Harlin
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Last Name
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Bowmar/Wolfe
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Decision Date
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1/10/2024
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Docket Number
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2022-0371-CONS
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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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Administrator/Highway Engineer Associate Senior
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent rightfully suspended Grievants who, as adminstrators, put a subordinate in danger when they assigned him to drive a truck they knew had an exhaust leak as well as other mechanical problems.
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Outcome
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Denied
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Statutes
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156 C.S.R. 1 § 3 (2018)
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Related Cases
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Ramey v. W. Va. Dep't of Health, Docket No. H88-005 (Dec. 6, 1988); Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT
(Aug. 4, 2009) citing Jackson v. State Farm Mut. Ins. Co., 215 W. Va. 634, 640, 600
S.E.2d 346, 352 (2004); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket
No. 92-HHR-486 (May 17, 1993)
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Keywords
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Suspension without 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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Grievants are employed as the Preston County Administrators for the Division of
Highways. Grievants allowed a fellow employee to operate a truck which they knew had an exhaust leak and other mechanical problems. As a result, the employee suffered from carbon monoxide poisoning. Both Grievants were the
Administrators in Preston County and were responsible for communicating with the mechanics daily to gain the status of
equipment. Grievants were suspended for violation of the West Virginia Department of
Transportation Standards of Work Performance and Conduct. Respondent proved the allegation which resulted in the suspensions by a preponderance of the evidence. This grievance is denied.
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