| First Name | Richard |
| Last Name | Jones, et al. |
| Decision Date | 10/18/2017 |
| Docket Number | 2016-0225-CONS |
| ALJ | BLG |
| Respondent | West Virginia University |
| Employment Type | HE |
| Job Title | Various |
| Topics | Pay |
| Primary Issues | Whether offering new hires a higher starting salary than any Grievant constitutes discrimination. |
| Outcome | Denied |
| Statutes | W. Va. Code §§ 18B-9-1, 18B-9-2, and 18B-9-4; 133 C.S.R. 8, §19.4; W. Va. Code § 6C-2-2(d) |
| Related Cases | Largent v. W. Va. Div. of Health & Div. of Personnel, 192 W. Va 239, 452 S.E.2d 42 (1994); Nafe v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-386 (Mar. 26, 1997); Brutto v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-076 (July 24, 1996); Salmons v. W. Va. Dep’t of Transp., Docket No. 94-DOH-555 (Mar. 20, 1995); Hickman v. W. Va. Dep’t of Transp., Docket No. 94-DOH-435 (Feb. 28, 1995); AFSCME v. Civil Serv. Comm'n, 181 W. Va. 8, 380 S.E.2d 43 (1989); Nelson v. Dep’t of Health & Human Res., Docket No. 05-HHR-315 (May 16, 2006); Sisson v. Raleigh County Bd. of Educ., Docket No. 2009-0945-CONS (Dec. 18, 2009); Clark, et al., v. Preston County Bd. of Educ., Docket No. 2013-2251-CONS (July 22, 2014) |
| Keywords | Pay Grade; Classification; Policy; Discrimination; New Hires; Equal Pay; Market Rate |
| Intermediate Court of Appeals | |
| Circuit Court | Grievants appealed to Kanawha County Circuit Court 12/1/2017, G Blon (2016-0783-WVU, CA# 17-AA-90, Bailey); G Moneypenney (2016-0794-WVU, CA #17-AA-91, Bloom); G Exline (2017-0789-WVU, CA # 17-AA-92, King), Consolidated under 17-AA-90 (Bailey); 6/6/19, Remanded to Grievance Board for Level 3 hearing |
| Supreme Court | |
| Synopsis | Grievants believe they have been discriminated against and should be awarded a pay increase because new employees may be receiving a starting salary above entry level for the pay grade based on several factors. Grievants did not demonstrate that Respondent has violated any law, rule, regulation, policy, or procedure, or that they are similarly situated to the new employees. More importantly, however, Respondent is not required to compensate all employees at the same level. All that is required is that the employees be properly classified and be paid within the pay range for the classification’s pay grade. |