Database Search Result Details
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First Name
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Ryan
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Last Name
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Adams, et al.
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Decision Date
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12/18/2017
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Docket Number
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2017-1666-CONS
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ALJ
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BLG
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Respondent
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Division of Corrections/Northern Correctional Center
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Dismissed, Bi-Weekly Pay Period
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Primary Issues
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Whether the Grievance Board has jurisdiction to resolve a dispute between Grievants and the ERPB, Treasurer’s Office and Auditor’s Office.
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Outcome
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Dismissed; Lack of Jurisdiction
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Statutes
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W. Va. Code § 6-7-1, 6C-2-2(a)(1), 6C-2-2(a)(3), 6C-2-2(g), 6C-2-2(i), 6C-2-1(a)
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Related Cases
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Brining v. Div. of Corr., Docket No. 05-CORR-284 (Dec. 7, 2005); Farley v. Morgan County Bd. of Educ., Docket No. 01-32-615D (April 30, 2002), Monongahela Power Co. v. Chief, Office of Water Res., Div. of Envtl. Prot., 211 W.Va. 619, 567 S.E.2d 629, 637 (2002); Posey v. W. Va. Univ., Docket No. 2009-0745-WVU (Apr. 10, 2009); and Price, et al., v. Dep’t of Health & Human Res., et al., Docket No. 2016-0653-CONS (Aug. 16, 2016)
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Keywords
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Dismissed, Jurisdiction, Enterprise Resource Planning Board, Bi-Weekly Payroll; Annual Salary; Employer
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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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Grievants assert that the change from twice monthly pay to bi-weekly pay has caused them to be paid less than their annual salary. The West Virginia State Auditor’s Office and Treasurer’s Office are the entities charged with assuring that state employees are paid their salaries, not Respondent, and it is the Enterprise Resource Planning Board which required the change in the pay cycle. The grievance procedure is in place to allow grievants to pursue grievances against the agency which employs them. Inasmuch as Respondent is not responsible for the action about which Grievants complain, and has no authority to resolve the grievance, this grievance will be dismissed.
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