Database Search Result Details
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First Name
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Randall
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Last Name
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Balducci, et al.
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Decision Date
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6/2/2017
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Docket Number
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2016-1852-CONS
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ALJ
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RLR
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Respondent
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Division of Corrections/Huttonsville Correctional Center
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Employment Type
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STATE
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Job Title
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Correctional Officer
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Topics
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Annual Leave
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Primary Issues
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Whether Grievants proved that Respondent has violated any of policy or rule with regard to the accrual of annual and sick leave.
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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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Brackman v. W. Va. Div. of Corrections, Docket No. 03-CORR-166 (Oct. 8, 2003)
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Keywords
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Annual Leave; Sick Leave; Work Shift
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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 are classified as Correctional Officers assigned to work regularly scheduled twelve hour shifts. Grievants allege that they are entitled to have a “day” considered to be twelve hours for purposes of calculating annual and sick leave pursuant to the West Virginia Division of Personnel’s Administrative Rules. Record established that annual leave is awarded in increasing increments depending upon an employee’s length of service. Grievants’ argument regarding sick leave is also without merit. Full-time employees accrue 1.5 days per month of sick leave. Grievants have not proven by a preponderance of the evidence that Respondent violated, misapplied or misinterpreted the Division of Personnel’s Administrative Rules regarding the accrual of annual and sick leave.
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