Database Search Result Details
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First Name
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SANDRA
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Last Name
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CART
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Decision Date
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8/3/1989
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Docket Number
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89-VA-070/071/180
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ALJ
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SA
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Respondent
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DEPARTMENT OF VETERANS AFFAIRS AND CIVIL SERVICE COMMISSION
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Employment Type
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STATE
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Job Title
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Topics
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MISCLASSIFICATION
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Primary Issues
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Laches; Prejudgment Interest; Mootness
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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Related Cases
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Keywords
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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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88-VA-070: Grievant contends she was working out of her Clerk I classification in 1983-85, doing the work of a Social Worker I. DECISION: Respondent's contention that Grievant was not educationally qualified for Social Worker I classification is not a defense for a working-out-of-classification claim. Laches does not apply because there was no remedy under Civil Service procedures for Grievant since she found out she was working out of classification and Respondent showed no prejudice. Evidence established that she was doing the work of a Social Worker I. GRANTED. Prejudgment interest on back pay may be awarded and this case is appropriate for such an award. 88-VA-071: Grievant contends she was working out of her Clerk I classification in 1985-88, doing the work of a Clerk III. DECISION: DENIED. Grievant was timely filed since it was pending at Level IV when AFSCME IV decided. Grievant did not establish she was doing work outside her classification. 89-VA-180: Grievant contends that Respondent discriminatingly denied her a schedule adjustment for the Spring semester. DECISION: DENIED. Since Grievant does not request monetary relief and the Spring Semester is over, no remedy available. Also, the Grievance Board will not speculate whether Grievant may in the future make any reasonable request for schedule adjustment the Respondent may deny.
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