Database Search Result Details
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First Name
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John F.
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Last Name
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Williams
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Decision Date
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1/18/2024
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Docket Number
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2023-0595-WVU
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ALJ
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RLR
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Campus Service Worker
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Topics
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Selection
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Primary Issues
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Whether Grievant was the most qualified applicant for a job posting or whether Respondent acted arbitrarily and capriciously in not offering him the position.
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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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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); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20- 380 (Mar. 18, 1997); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Unrue v. W. Va. Div. of Highways, Docket No. 95-DOH-287 (Jan. 22, 1996); Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehabilitation Serv., Docket No. 98-RS-126(Aug. 3, 1998); Ashley v. W. Va. Dep't of Health and Human Resources, Docket No. 94-HHR-070 (June 2, 1995); McClure v. W. Va. Workers’ Compensation Fund, Docket No. 89-WCF-208/209 (Aug. 7, 1989); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001)(citing In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996)); Trimboli v. Dep't of Health andHuman Resources, Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996)
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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 is employed by West Virginia University as a Campus Service Worker. Grievant applied for a posted position at West Virginia University. He was not selected for the position because of a lack of a certain qualification. Grievant did not prove that he was the most qualified applicant for this position, or that the decision was wrong or arbitrary and capricious. This grievance is denied.
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