Database Search Result Details
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First Name
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Annette
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Last Name
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Brown
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Decision Date
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3/26/2018
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Docket Number
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2017-1175-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Public Health 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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Administrative Services Assistant III
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Topics
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Pay Increase
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Primary Issues
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Whether Respondent’s DOP’s denial of a pay increase based on internal equity was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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State ex rel. Eads v. Duncil, 196 W. Va. 604, 614, 474 S.E.2d 534, 544 (1996); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Jenkins v. W. Va. Univ., Docket No. 2008-0158-WVU (June 2, 2009); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997)
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Keywords
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Discretionary Pay Increase; Minimum Qualifications; Class Specification; 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 is employed by the Department of Health and Human Resources Bureau for Public Health as an Administrative Services Assistant 3. Grievant protests the Division of Personnel’s denial of a discretionary pay increase based on internal equity. Grievant failed to prove Respondent Division of Personnel’s determination that Grievant did not qualify for a discretionary pay increase was arbitrary and capricious. Grievant failed to prove Respondent DOP is required to change its policy, that Respondent DOP was without the authority to adopt the policy as written, or that the policy violates any law, rule, or regulation. Accordingly, the grievance is denied.
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