details - Public Grievance Board

First Name	Ray
Last Name	Owens
Decision Date	4/17/2023
Docket Number	2022-0635-DOT
ALJ	RLR
Respondent	Division of Highways
Employment Type	STATE
Job Title	Transportation Worker 3 Mechanic
Topics	Selection
Primary Issues	Whether the reasons that Grievant was not selected as the successful applicant for the posting of Transportation Worker 3 Equipment Operator were not reasonably related to the position being filled.
Outcome	Denied
Statutes	156 C.S.R. 1 § 3 (2018)
Related Cases	Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); 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)); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR- 322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Burgess v. Div. of Highways, Docket No. 2019-0576-DOT (Nov. 22, 2019)
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is classified as a Transportation Worker 3 Mechanic. Grievant applied for the position of Transportation Worker 3 Equipment Operator posted on February 4, 2022. Following the selection process, Grievant was not offered the position. Grievant did not prove that the reasons for selecting the successful applicants were not reasonably related to the position being filled. Grievant failed to demonstrate by a preponderance of the evidence that the Division of Highways violated its rules and regulations or was legally insufficient on posting and filling the Transportation Worker 3 Equipment Operator position. The decision to not offer Grievant the position was not arbitrary or capricious.

Database Search Result Details