Database Search Result Details
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First Name
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William
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Last Name
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Prue
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Decision Date
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11/3/2017
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Docket Number
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2017-1400-MAPS
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ALJ
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LRB
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Respondent
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Division of Corrections/Charleston Correctional Center and Division of Personnel
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Employment Type
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STATE
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Job Title
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Correctional Program Manager II
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Topics
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Selection
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Primary Issues
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Whether Grievant established that his employer’s determination not to allow him to interview for a posted position was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 62-13-4 (f); 143 C.S.R. 1, § 6.4.a.1; W. Va. Code § 29-6-10
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Related Cases
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Keywords
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Selection; Minimum Qualifications; Professional Work Experience; Classification; Policy; Arbitrary and Capricious
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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 applied for a vacant position and submitted an application to his employer, the West Virginia Division of Corrections. Grievant was advised he did not met the professional experiences qualification for the position of Correction Program Manager II. Grievant is of the opinion he has sufficient qualifying experience.
In the circumstance of this grievance matter, there is disharmony as to the appropriate delineation of professional work experience. The West Virginia Division of Personnel develops and manages the State’s Classification/Compensation Plan. At the time of the employing agency’s ruling that Grievant was ineligible to interview for the position, the determination was in accordance with the then governing authoritative agency’s interpretation and application of professional work experience. Grievant avers that the interpretation was wrong and highlights that subsequently the applicable interpretation has been altered, or is inconsistently being applied. Respondent’s interpretation of the prerequisites for the Correction Program Manager II position in discussion and Grievant’s qualifications was reasonable at the time of the interviewing for the position. It is not established that Grievant, as a matter of law, is entitled to the Correction Program Manager II position in discussion or the salary of the job classification. This grievance is DENIED.
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