Database Search Result Details
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First Name
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STEPHAN/ROBERT
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Last Name
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FRANTZ/DEVAUL
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Decision Date
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7/25/1989
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Docket Number
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89-ES-050/186
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ALJ
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RW
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Respondent
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DEPARTMENT OF EMPLOYMENT SECURITY
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Employment Type
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STATE
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Job Title
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Topics
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SELECTION
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Primary Issues
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Timeliness; Qualifications
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Outcome
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GRANTED AS TO FRANTZ; DENIED AS TO DEVAUL
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Statutes
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29-6-1;29-6-20(A)
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Related Cases
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AFSCME V. CSS; HOOPER V. JENSEN; WALLOP V. CSS
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant DeVaul appealed to Kanawha County, Civil Action #89-AA-155; Affirmed 10-21-91 by J. King (89-AA-155).
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Supreme Court
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S.Ct. refused Grievant's DeVaul's appeal on 9-1-92.
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Synopsis
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THIS CASE INVOLVED TWO GRIEVANTS WHOSE GRIEVANCES WERE CONSOLIDATED. THE FIRST GRIEVANT ALLEGED THE SUCCESSFUL APPLICANT FOR A POSITION HAD BEEN APPOINTED FOR POLITICAL REASONS AND IN VIOLATION OF VARIOUS CIVIL SERVICE REGULATIONS AND AGENCY POLICIES. THIS GRIEVANCE WAS GRANTED IN PART AT LEVEL III, THE APPOINTMENT WAS VACATED AND A NEW SELECTION WAS ORDERED. THE GRIEVANT APPEALED TO LEVEL IV SEEKING APPOINTMENT TO THE POSITION. A SECOND GRIEVANCE WAS FILED BY THE EMPLOYEE WHOSE APPOINTMENT WAS VACATED. DECISION: THE INITIAL GRIEVANT ESTABLISHED THAT THE SUCCESSFUL APPLICANT HAD BEEN APPOINTED BECAUSE OF POLITICAL AFFILIATION IN VIOLATION OF W.VA. CODE 29-6-1 AND 29-6-20(A), RATHER THAN SOLELY ON THE BASIS OF MERIT AND FITNESS. HE PROVED THE APPOINTMENT WAS IN VIOLATION OF AGENCY POLICY AND PRACTICES PROHIBITING THE CONSIDERATION OF LATE APPLICATIONS. HE ALSO ESTABLISHED THAT THE APPOINTMENT VIOLATED THE SPIRIT OF CIVIL SERVICE REGULATIONS AND AGENCY POLICY GIVING FIRST CONSIDERATION TO EXISTING PERSONNEL, AND THAT HE WAS ENTITLED TO THE POSITION. THE GRIEVANCE OF THE SECOND GRIEVANT WAS DENIED.
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