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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Disciplinary
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Primary Issues
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Whether Respondent abused its discretion in suspending Grievant for interfering in the workplace of another employee with whom he was involved in a relationship, thus requiring mitigation of the discipline.
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Outcome
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Denied
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Statutes
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§ 156-1-3 (2018)
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Overbee v. Dep’t of Health and Human Res./Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Conner v. Barbour County Bd. of Educ., Docket No. 95-01-031 (Sept. 29, 1995); 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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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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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 against the Grievant. The record did not support mitigation of the imposed suspension. This grievance is denied.
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