Young, In re, 237-75
| Decision Date | 07 December 1976 |
| Docket Number | No. 237-75,237-75 |
| Citation | 134 Vt. 569,367 A.2d 665 |
| Court | Vermont Supreme Court |
| Parties | , 94 L.R.R.M. (BNA) 2427, 80 Lab.Cas. P 53,999 In re Grievance of Robert A. YOUNG. |
George E. Rice, Jr., Montpelier, for plaintiff.
M. Jerome Diamond, Atty. Gen., and Louis P. Peck, Chief Asst. Atty. Gen., Montpelier, for defendant.
Before BARNEY, C. J., DALEY, LARROW and BILLINGS, JJ., and SHANGRAW, C. J. (Retired), Specially Assigned.
The appellant Robert A. Young, a classified State employee, received a performance evaluation and rating of 'adequate' from his immediate supervisor for the period July 1, 1973, through June 30, 1974. Contending that this rating was unfair and unequitable and seeking to have his overall rating raised to 'fully satisfactory', he pursued grievance procedures set forth in the collective bargaining agreement in existence at that time. The State Employees Labor Relations Board, pursuant to the provisions of 3 V.S.A. § 926, held a de novo hearing and upon consideration of the evidence presented before it, dismissed the appellant's claim. He argues before this Court that the findings of the Board are not supported by the credible evidence and therefore do not sustain the conclusions and decision which it rendered. He also maintains that the dismissal of his grievance by the Board was arbitrary and capricious. Upon a review of the record, we disagree and affirm the Board's decision.
The Legislature has provided that final determination on grievances of State employees is to be vested in the State Employees Labor Relations Board. 3 V.S.A. § 926. We will not disturb findings made by an administrative body such as this Board absent a showing that the findings were clearly erroneous. In re Weyerhaeuser Co., 132 Vt. 121, 123, 315 A.2d 446 (1974); Petition of Green Mountain Power Corp., 131 Vt. 284, 303, 305 A.2d 371 (1973). This Court presumes the actions of an administrative body to be correct, valid and reasonable, with a clear and convincing showing required to overcome the presumption. International Association of Firefighters v. Montpelier, 133 Vt. 175, 178, 332 A.2d 795 (1975); In re Devoid, 130 Vt. 141, 148, 287 A.2d 573 (1972). No such showing has been made in the present case. Upon the conflicting evidence, the Board found that the appellant, a teacher of the machine trades at the Weeks School in Vergennes, had been advised by his supervisor that he was expected to participate in an extracurricular program at the...
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Sondergeld v. Town of Hubbardton, 87-267
...correct. Department of Taxes v. Tri-State Indus. Laundries, Inc., 138 Vt. 292, 294, 415 A.2d 216, 218 (1980); In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976); International Ass'n of Firefighters Local # 2287 v. City of Montpelier, 133 Vt. 175, 178, 332 A.2d 795, 797 (1975). And wher......
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...made by an administrative body such as this Board absent a showing that the findings were clearly erroneous." In re Young, 134 Vt. 569, 570, 367 A.2d 665, 666 (1976). See also In re McGrath, 138 Vt. 77, 82, 411 A.2d 1362, 1365 (1980). This difference, however, is more semantic than substant......
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State Dept. of Taxes v. Tri-State Indus. Laundries, Inc., TRI-STATE
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