In Re Grievance of Rosenberger

Dooley, J.,

¶ 36. dissenting. While there is much in the majority decision I agree with, I cannot agree with its conclusion, which is based on appellate fact-finding contrary to that of the Board. At best, the Court’s opinion justifies a remand for additional fact-finding by the Board. I would, however, find that the Board’s fact-finding was adequate and affirm.

¶ 37. In summary, the Board imposed on the State the obligation to prove that it would have disciplined grievant but for the admission that occurred in response to a question that the supervisor asked in violation of Article 14, § 7 of…