Database Search Result Details
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First Name
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ROBIN
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Last Name
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HAMMER
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Decision Date
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7/25/1989
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Docket Number
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89-CORR-95
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ALJ
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SK
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Respondent
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DIVISION OF CORRECTIONS
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Employment Type
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STATE
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Job Title
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CORRECTIONAL OFFICER I
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Topics
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JOB ASSIGNMENTS/EVALUATION
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Primary Issues
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Favoritism; Reprisal; Retaliation
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Outcome
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DENIED
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Statutes
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29-6A-2(p); Policy 458.02;413.01
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Related Cases
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REED V. CORR.; PAYNE V. ENGY
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Randolph County, 9/7/89, Civil Action #89-C-249, Dismissed for failure to prosecute 1-7-93
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Supreme Court
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Synopsis
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Grievant, Correctional Officer I assigned to the Huttonsville Correctional Center, alleged violations of Department of Corrections Policies 458.02 and 413.01, impeding his college attendance and adversely affecting his opportunity to receive a promotion, favoritism and reprisal for a prior grievance when his shift assignment was changed from 11:00 pm to 7:00 am to 3:00 pm to 11:00 pm. The Department denies that it has acted in reprisal but had implemented the shift change based upon need and the grievant's problems in dealing with his co-workers on the 11-7 shift. DECISION: DENIED. Grievant failed to prove the allegations of favoritism, reprisal or violations of Policy 458.02, which provides for educational leaves of absence, as he has not applied for such leave, or Policy 413.01, as he has not shown that he has been deprived of any opportunity for promotion. The Department has stated a legitimate reason for the shift change which was properly implemented.
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