Database Search Result Details

First Name Debra
Last Name Dempsey
Decision Date 8/10/2017
Docket Number 2017-0491-KanED
ALJ LRB
Respondent Kanawha County Board of Education
Employment Type SERV
Job Title Inventory Supervisor
Topics Compensation
Primary Issues Whether Grievant is entitled to the compensation rate of her prior position.
Outcome Denied
Statutes W. Va. Code 18A-4-15(a)(4); W. Va. Code 18-A-4-8b(g)
Related Cases
Keywords Vacancy; Pay Grade; Policy; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant transferred out of a 261-day Buyer position with the knowledge that the position was going to be reduced to a 220-day position. To avoid the loss of benefit(s) Grievant sought and accepted employment in an alternate position (Inventory Supervisor), preserving 261-day employment terms, but compensation at a lower pay rate. The Buyer position was transformed; however, Respondent did not timely pursue a permanent fix to the vacancy, after Grievant’s departure. Grievant contends she is entitled to the pay difference between the two positions from the time of her departure till the Buyer position actually became a 220-day position.

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