Database Search Result Details
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First Name
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Gregory
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Last Name
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Tignor
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Decision Date
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8/22/2017
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Docket Number
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2016-1705-DOT
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ALJ
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WBM
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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 Worker 2 – Mechanic
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Topics
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Temporary Upgrade
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Primary Issues
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Whether Grievant is entitled to a temporary upgrade.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 143.1.9.5
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Related Cases
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Melton v. Div. of Highways, Docket No. 2016-1405-DOT (June 7, 2017); Groves, et al., v. Div. of Highways, Docket No. 2015-1077-CONS (Aug. 17, 2016); Cobb, et al., v. Div. of Highways, Docket No. 2014-0753-CONS (Dec. 22, 2014); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Bailey v. W. Va. Dep’t of Transp., Docket No. 94-DOH-389 (Dec. 20, 1994)
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Keywords
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Temporary Upgrade; Policy; Supervising Inmates; Pay; 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 alleges that he should receive an upgrade to supervisor pay anytime prison inmates are assigned to work inside the Elkview garage because he supervises their activities. Grievant only receives such an upgrade if the inmates are assigned work inside the garage and the employee assigned to the inmates as well as Grievant’s supervisor is absent. Grievant did not prove that DOH is required to give him an upgrade in pay when the inmates are assigned to work in the garage if another employee with supervisory authority is present.
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