Database Search Result Details

First Name David
Last Name Parsons
Decision Date 5/10/2017
Docket Number 2016-1812-DOA
ALJ BTC
Respondent General Services Division and Division of Personnel
Employment Type STATE
Job Title Operations and Maintenance Manager
Topics Pay Increase
Primary Issues Whether Grievant proved the Division of Personnel erred in determining the amount of pay increase warranted by his certification.
Outcome Denied
Statutes
Related Cases Dyer v. Lincoln County Bd. of Educ., Docket No. 95-22-494 (June 28, 1996); Crockett v. Andrews, 153 W. Va. 714, 172 S.E.2d 384 (1970); Governor’s Office to act within a certain timeframe on a request for a discretionary pay increase.” Hapney v. Pub. Emp. Ins. Agency, Dep’t of Admin., & Div. of Pers., Docket No. 2013-0861-DOA (Feb. 24, 2014); Green v. Dep’t of Health & Human Res. and Div. of Pers., Docket No. 2011-1577-DHHR (Oct. 1, 2012); Boggess v. Pub. Serv. Comm’n, Docket No. 2015-0079-PSC (Mar. 25, 2015)
Keywords Discretionary Pay Increase; Policy; Certification
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by the General Services Division as the Building Operations Maintenance Manager. Grievant protested the amount of discretionary pay increase he received for completion of a certification and sought the pay increase retroactive to his receipt of the certification. Grievant failed to prove the Division of Personnel erred in determining the amount of pay increase warranted by his certification. Grievant asserted no law, rule, or policy that required Respondent General Services Division or Respondent Division of Personnel to act on the discretionary pay increase within a certain timeframe, therefore, Grievant is not entitled to a retroactive award of his pay increase. Accordingly, the grievance is denied.

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