Database Search Result Details
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First Name
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Michael
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Last Name
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Moneypenny, et al.
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Decision Date
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3/28/2017
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Docket Number
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2016-1029-CONS
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ALJ
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RLR
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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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Various
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Topics
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Pay
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Primary Issues
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Whether Grievants established their claim of discrimination or that they are otherwise entitled to compensation for time spent attending the conference.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(o); W. Va. Code § 6C-2-2(d)
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Related Cases
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Thornquest v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 2009-1070-DHHR (Aug. 24, 2010); Frame v. Dep’t of Health & Human Res., Docket No. 2011-0877-DHHR (Feb. 29, 2012); Wilt v. Dep’t of Health & Human Res., Docket No. 2012-0278-DHHR (Nov. 19, 2013); Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007)
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Keywords
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Compensation; Discrimination; Regularly Scheduled Work Hours; Conference
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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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Grievants, along with fifteen additional co-workers, attended a Level One Conference in another case, with the knowledge and consent of their representative. This conference was not conducted during their scheduled work day. Grievants were not compensated by West Virginia University for the time they were in attendance at the conference. Grievants allege the failure to compensate them is a statutory violation and results in discrimination. The Grievance Board has consistently held that time spent by an employee participating in a grievance proceeding scheduled outside the employee’s normal work schedule is not compensable time. Because Grievants were not scheduled to work at the time the conference was held they are not similarly situated to the remaining Grievants and have not established that West Virginia University engaged in discrimination.
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