Database Search Result Details
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First Name
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David
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Last Name
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Austin
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Decision Date
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3/1/2018
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Docket Number
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2017-1364-DOT
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ALJ
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LRB
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Respondent
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Division of Highways 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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Supervisor I
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Topics
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Classification
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Primary Issues
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Whether Grievant established that the position he occupies should be classified as a Supervisor 2.
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Outcome
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Denied
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Statutes
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W. Va. Code R. § 143-1-4.5; W. Va. Code § 29-6-1
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Related Cases
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Hayes v. W.Va. Dep’t of Natural Res., Docket No. NR-88-038 (Mar. 28, 1989); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Dollison v. W. Va. Dep't of Employment Security, Docket No. 89-ES-101 (Nov. 3, 1989); Simmons v. W. Va. Dep't of Health & Human Res., Docket No. 90-H-433 (Mar. 28, 1991); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); Logdson v. Div. of Highways, Docket No. 2008-1159-DOT (Feb. 23, 2009)
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Keywords
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Classification; Position Description Form; Job Duties; 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 is in opposition to the reallocation classification of the position he occupies from Supervisor II, pay grade 11 to Supervisor I, pay grade 9. The specific amount of pay Grievant receives as compensation was not altered. The Division of Personnel is the entity of WV State government charged with making classification determinations. Upon reviewing the documents related to Grievant’s position, and performing an on-site audit, the Division of Personnel determined that Grievant’s position best fit into the classification of Supervisor I. Grievant did not prove that Respondent DOP’s classification decision was arbitrary and capricious, or clearly wrong. This grievance is DENIED.
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