Database Search Result Details
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First Name
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Todd
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Last Name
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Keplinger
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Decision Date
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5/23/2017
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Docket Number
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2017-0795-DOT
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ALJ
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RLR
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Engineering Technologist
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Topics
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Pay raise
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Primary Issues
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Whether Grievant met his burden of proof to demonstrate that the Division of Highways failure to recommend a discretionary pay raise to the Division of Personnel was arbitrary and capricious or an abuse of discretion.
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Outcome
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Denied
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Statutes
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Related Cases
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Moore v. W.Va. Dep't of Health & Human Res./Div. of Personnel, Docket No. 94-HHR-126 (Aug. 26, 1994); Callaghan v. W. Va. Civil Serv. Comm'n, 273 S.E.2d 72 (W. Va. 1980); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989)
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Keywords
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Discretionary Pay Raise; Pay Grade; Classification
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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 is challenging Respondent’s failure to recommend to the West Virginia Division of Personnel a discretionary pay raise. Grievant is also challenging the Division of Personnel’s prohibition against rounding up the percentage difference between employees’ salaries to determine eligibility under the internal equity provision of the pay plan policy. The record established that Respondent used policy information provided by the Division of Personnel that a 19% salary difference could not be rounded up to meet the policy requirement of a 20% salary difference to qualify for the pay plan policy. Accordingly, Respondent did not recommend a discretionary pay increase for Grievant to the Division of Personnel. This action was not arbitrary and capricious or an abuse of discretion.
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