lawfully adopted rule in West Virginia

2020As we held in Syllabus Point 1 of Cahill v. Mercer County Board of Education, [ 208 W.

2013Of further assistance is syllabus point 1 of Cahill v. Mercer County Board of Education, 208 W.Va. 177 , 539 S.E.2d 437 (2000), which states: Grievance rulings involve a combination of both deferential and plenary review.

1996In Martin v. Randolph County Board of Education, 195 W.Va. 297 , 465 S.E.2d 399 (1995), we addressed the standard of review utilized by this Court in appeals of the nature encountered in the present case.

1996In Martin v. Randolph County Board of Education, 195 W.Va. 297 , 465 S.E.2d 399 (1995), we addressed the standard of review utilized by this Court in appeals of the nature encountered in the present case.

2023Our governing standard of review for a contested case from the West Virginia Public Employees Grievance Board is as follows: A party may appeal the decision of the administrative law judge on the grounds that the decision: (1) Is contrary to law or a lawfully adopted rule or written policy of the employer; (2) Exceeds the administrative law judge’s authority; (3) Is the result of fraud or deceit; (4) Is clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or (5) Is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

2023Va. 700 , 490 S.E.2d 787 (1997), wherein the Supreme Court of Appeals noted, The grievance board simply does not have the authority to second guess a state employer’s employment policy.

2009More specifically articulated by this Court is the directive that “[a] final order of the hearing examiner for the West Virginia Education and State Employees Grievance Board, made pursuant to W.Va.Code, 29-6A-1, et seq., and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus, Quinn v. West Virginia Northern Community College, 197 W.Va. 313 , 475 S.E.2d 405 (1996).

2009More specifically articulated by this Court is the directive that “[a] final order of the hearing examiner for the West Virginia Education and State Employees Grievance Board, made pursuant to W.Va.Code, 29-6A-1, et seq., and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus, Quinn v. West Virginia Northern Community College, 197 W.Va. 313 , 475 S.E.2d 405 (1996).

1994The applicable standard of review in cases involving the State Grievance Board was discussed in Randolph County Board of Education v. Scalia, 182 W.Va. 289 , 387 S.E.2d 524 (1989).

1994The applicable standard of review in cases involving the State Grievance Board was discussed in Randolph County Board of Education v. Scalia, 182 W.Va. 289 , 387 S.E.2d 524 (1989).