Database Search Result Details

First Name CAROLYN/ELAINE
Last Name BANNISTER/ROLLINS
Decision Date 11/3/1989
Docket Number 89-DHS-251/252
ALJ SA
Respondent DEPARTMENT OF HUMAN SERVICES
Employment Type STATE
Job Title ECONOMIC SERVICE WORKER II
Topics MISCLASSIFICATION
Primary Issues Laches
Outcome DENIED
Statutes 324 S.E.2d 363
Related Cases MAYNARD V. WAYNE BOE; CART V. VA; BOGGS V. TAX; BANNISTER/ROLLINS V. DHS
Keywords
Intermediate Court of Appeals
Circuit Court Grievants appealed to Wood County, Civil Action #91-CV-3773F; Reversed
Supreme Court
Synopsis G'S WERE EMPLOYED AS CASE AIDE II'S FROM JUNE 1979 TO JANUARY 1980, WHEN THEY WERE PROMOTED TO ECONOMIC SERVICE WORKER I'S. THEY WERE FURTHER PROMOTED TO ESQ II'S IN OCTOBER 1983. G'S KNEW THAT EMPLOYEES CLASSIFIED AS ECONOMIC SERVICE WORKER III'S WERE DOING THE SAME WORK THEY WERE DOING THROUGHOUT 1979 TO 1984 BUT DID NOT INVESTIGATE THEIR RIGHTS, TAKING NO ACTION UNTIL ADVISED TO DO SO BY THEIR UNION IN 1986. FROM 1979 TO 1984 G'S TOOK APPLICATIONS FOR AFDC, AFDCU, MEDICAID, FOOD STAMPS AND NURSING HOME PROGRAMS; PROCESSED THE APPLICATIONS; AND MAINTAINED THEIR CASELOADS. G'S HANDLED GENERIC CASELOADS. G'S DID NOT 'EXERCISE DILIGENCE WHEN SEEKING TO CHALLENGE THE LEGALITY OF A MATTER INVOLVING A PUBLIC INTEREST, SUCH AS THE MANNER OF EXPENDITURE OF PUBLIC FUNDS, 'MAYNARD V. BD. OF EDUC. OF WAYNE CO., 357 S.E.2D 246 (W.VA. 1987), SINCE THEY HAD 'FACTS PUTTING [THEM] ON INQUIRY,' BANK OF MILL CREEK V. ELK HORN COAL CORP., 133 W.VA. 639, 57 S.E.2D 736 (1950), BUT DID NOTHING UNTIL 1986. MOREOVER, R HAS BEEN MONETARILY PREJUDICED BY THE DELAY IN BRINGING THIS ACTION. ACCORDINGLY, LACHES APPLIES. MAYNERD; CART V. W.VA. DEPT. OF VETERANS AFFAIRS, DOCKET NOS. 88-VA-070/071, 89-VA-180 (AUG. 3, 1989). A G MUST PROVE, BY A PREPONDERANCE OF THE EVIDENCE, THE ALLEGATION OF HIS OR HER COMPLAINT. PAYNE V. W.VA. DEPT. OF ENERGY, DOCKET NO ENGY-88-015 (NOV. 2, 1988). 'IN A CLASSIFICATION-RELATED COMPLAINT, A G MUST SHOW THAT SHOW THAT SHOW WAS PERFORMING THE DUTIES OF ONE PROFESSIONAL CATEGORIZATION, AS REVEALED BY THE OFFICIAL CSS SPECIFICATIONS THEREOF, WHILE BEING ASSIGNED TO ANOTHER. IN ESSENCE, THIS MAY BE ACCOMPLISHED BY DEMONSTRATING THAT A POSITION MORE CLOSELY MATCHES ONE CSS CLASSIFICATION DESCRIPTION THAN ANOTHER. HAYES V. DNR & CSS, DOCKET NO. NR-88-038 (MAR. 28, 1989).' BOGGS V. W.VA. TAX DEPT., DOCKET NO. 89-T-174 (SEPT. 22, 1989). G'S FAILED TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT THEY WERE PERFORMING THE DUTIES OF AN ECONOMIC SERVICE WORKER III FROM 1979 TO 1984. ACCORDINGLY, THE Gs ARE DENIED.

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