Database Search Result Details
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First Name
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LIONEL
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Last Name
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HERNDON
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Decision Date
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11/5/1986
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Docket Number
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30-86-186-2
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ALJ
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SK
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Respondent
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WEST VIRGINIA UNIVERSITY
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Employment Type
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HE
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Job Title
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SUPERVISOR OF CUSTODIANS
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Topics
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SELECTION
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Primary Issues
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POSITION UPGRADE
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Outcome
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GRANTED
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Statutes
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18-11C-4(d)
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Related Cases
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Keywords
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CORPORATION EMPLOYEE; JOB DESCRIPTION
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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The grievant is a BOR employee 'leased' to WVU Hospitals, INC. As a result of a physical plant unit audit the Grievant was to be upgraded from pay grade 9 to pay grade 12. Hospital administrators took exception to the findings of the audit and stated that the position was classified too high. West Virginia University Department of Human Resources determined that Mr. Herndon's position should be upgraded. That decision belongs to the University alone. The legislature included no provisos, no contingencies and no exceptions to the statute which would allow the corporation to influence BOR personnel matters. The hospital administrators had previously signed the job description attesting to its accuracy and had again confirmed its accuracy at a February meeting. The corporation's refusal to accept the changes is a contractual matter between the corporation and the BOR and shall not be allowed to affect the employees' classification status.
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