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Case No. 22-2049

For summaries from opinions prior to August, 2018, view PDF versions here

Sandry v. Iowa Public Employment Relations Board

Sunny Sandry, Plaintiff-Appellant,

vs.

Iowa Public Employment Relations Board, Defendant-Appellee,

and

Iowa Department of Administrative Services, Intervenor.

Attorney for Appellant

Charles Gribble and Christopher Stewart

Attorney for Appellee Iowa Public Employment Relations Board

John R. Lundquist, Assistant Attorney General

Attorney for Appellee Iowa Department of Administrative Services

David M. Ranscht, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-2049
Date Published:
Feb 07, 2024
Summary

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (18 pages)

            Sunny Sandry appeals the district court’s decision on judicial review affirming the Iowa Public Employment Relations Board’s (PERB) ruling finding just cause to support her termination from employment with the Iowa Department of Transportation.  OPINION HOLDS: The standard of review here is for whether the agency’s application of law to fact was irrational, illogical, or wholly unjustifiable.  Applying that standard of review, we find that substantial evidence supports the finding that Sandry’s took money from the state and therefore just cause existed for her termination.  As the appellee, PERB did not waive its arguments on appeal by joining in intervenor Department of Administrative Services’s brief, and we affirm.

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