Database Search Result Details
|
First Name
|
Fred
|
|
Last Name
|
Gwilliams
|
|
Decision Date
|
11/7/2017
|
|
Docket Number
|
2017-1590-MAPS
|
|
ALJ
|
LRB
|
|
Respondent
|
Regional Jail and Correctional Facility Authority/Western Regional Jail and Division of Personnel
|
|
Employment Type
|
STATE
|
|
Job Title
|
Building Maintenance Supervisor I
|
|
Topics
|
Pay Equity
|
|
Primary Issues
|
Whether Grievant established that his current salary is in violation of any applicable and controlling statue, rule or regulation or that he was entitled to a mandatory pay increase.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code 6C-2-5, § 29-6-10; 156 C.S.R. 1 ' 3 (2008)
|
|
Related Cases
|
Largent v. W. Va. Div. of Health & Div. of Pers., 192 W. Va. 239, 452 S.E.2d 42 (1994)
|
|
Keywords
|
Pay Equity, Higher Salary, Pay Range, Discretionary
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant avers that he commenced employment with Respondent’s Western Regional Jail in the classification of Building Maintenance Supervisor 1 (“BMS1”) at a salary of $23,088 per year. He has become aware that some other individuals were subsequently hired as BMS1s at the South Central Regional Jail with a starting salary of $29,900 per year and further discovered that other similarly situated employees at the Southwestern Regional Jail are paid an unspecified amount more than his annual salary. Grievant contends this constitutes unfair wages and seeks equal pay of $29,900 per year as relief as well as back pay to his date of hire.
It is well established that employees in the same classification, who are performing the same or similar duties, need not be paid the same salary, as long as they are paid within the pay range for the pay grade to which their classification is assigned. Largent v. W. Va. Div. of Health and Div. of Pers., 192 W. Va. 239, 452 S.E.2d 42 (1994) This has been a common issue before the Grievance Board and the controlling case law is clearly established. Grievant has at all times relevant to this grievance matter been paid within the pay range of the pay grade assigned to the Building Maintenance Supervisor 1 classification. This grievance is DENIED.
|
Back to Results
Search Again