Database Search Result Details
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First Name
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DAVID
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Last Name
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MULLINS
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Decision Date
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8/23/1989
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Docket Number
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89-DHS-313
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ALJ
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DC
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Respondent
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DEPARTMENT OF HUMAN SERVICES
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Employment Type
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STATE
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Job Title
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AUDIT CLERK
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Topics
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GOVERNOR'S FREEZE
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Primary Issues
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PROMOTION
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Outcome
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DENIED
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Statutes
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29-6A-3(J)
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Related Cases
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Keywords
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MOOT; ABSTRACT; ADVISORY
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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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GRIEVANT WAS APPROVED FOR PROMOTION FROM AUDIT CLERK II IN CHARLESTON TO AUDIT CLERK III IN GRAFTON. VERY SHORTLY AFTER APPROVAL, BUT BEFORE PAPERWORK COMPLETED, A GUBERNATORIAL FREEZE ON ALL STATE EMPLOYEE SALARY INCREASES WAS ENACTED; GRIEVANT'S PROMOTION WAS ACCORDINGLY CANCELED. HE FILED THIS CLAIM, SEEKING: 1) AN UPGRADE OF HIS CHARLESTON JOB TO AUDIT CLERK III, EVEN THOUGH HE ADMITTED HE HAD NOT ALLEGED IN THIS GRIEVANCE THAT AUDIT CLERK II WAS NOT THE CORRECT CLASSIFICATION; AND 2) APPROVAL OF ANY TRANSFER HE SEEKS IN THE FUTURE. DECISION: DENIED. THERE IS NO BASIS FOR RECLASSIFYING GRIEVANT'S PRESENT JOB IN CHARLESTON IF HE IS ALREADY CORRECTLY CLASSED; GRIEVANT WAS ADVISED HE COULD FILE A SEPARATE MISCLASSIFICATION CASE IF THAT WAS HIS DESIRE. FURTHER, HIS REQUEST FOR FUTURE TRANSFER APPROVAL IS, IN ESSENCE, ONE FOR AN ADVISORY DECISION, WHICH IS NOT AVAILABLE FROM THIS GRIEVANCE BOARD.
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