Database Search Result Details
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First Name
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Denny
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Last Name
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Morris II
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Decision Date
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3/13/2018
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Docket Number
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2017-2318-MAPS
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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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Case Manager
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Topics
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Schedule
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Primary Issues
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Whether Respondent could require Grievant to work weekends and holidays, and work at a different facility on occasion.
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Outcome
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Denied
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Statutes
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Policy Directive 401.16; Protocol ACO-3
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Related Cases
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Jordan v. Dep’t of Transp., Docket No. 03-DOH-057 (Sept. 15, 2003); Pell v. W. Va. Dept. Of Human Srvcs., Docket No. 91-DHS-135 (Sept. 30, 1991); Crow v. W. Va. Dept. of Corrections, Docket No. 89-CORR-116 (June 30, 1989); Miller v. Dep’t of Health & Human Ser., Docket No. 07-HHR-077 (Apr. 30, 2008); Davis et al. v. Div. of Highways, Docket No. 2010-0462-CONS (Nov. 18. 2010); Harrison v. Ginsberg, 169 W. Va. 162, 286 S.E.2d 276, 283 (1982); Ollar v. W. Va. Dep’t of Health and Human Resources/W. Va. Div. of Personnel, Docket No. 92-HHR-186 (Jan. 22, 1993)
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Keywords
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Schedule Change; Weekends; Holidays; Transfer; Work Location; Unit Management; Arbitrary and Capricious; Promise
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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 and other Case Managers at the Northern Correctional Center have not been required to work weekends or holidays for at least eight years. In the summer of 2017, the Case Managers were told they would be required to work weekends and holidays, rotating this schedule with other members of the unit management team who had been covering weekends and holidays, and that all unit management staff at the Northern Correctional Center would also be assisting in covering weekends and holidays at the Ohio County Correctional Center. Grievant argued he was told when he interviewed for the Case Manager position eight years ago that he would not be working weekends and holidays and that his schedule could not be changed to require such work because of this representation, and because of his reading of the applicable Policy Directive. He also argued the posting for which he applied was for the Northern Correctional Center, and he could not be required to work at the Ohio County Correctional Center because it is a separate facility. Grievant was never promised that his schedule would not be changed, nor would any such promise be binding on Respondent. Grievant’s tortured reading of the applicable Policy Directive is erroneous, and the Policy Directive has since been replaced by a Protocol which makes clear that Case Managers may be required to work weekends and holiday. Finally, state agencies have the authority to transfer employees to different work sites as needed, and Grievant presented no law, rule, regulation, policy or practice which is being violated by Respondent requiring employees assigned to the Northern Correctional Center to help cover weekends and holidays at the Ohio County Correctional Center.
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