details - Public Grievance Board

First Name	James
Last Name	Dozer, Jr.
Decision Date	4/27/2018
Docket Number	2016-1238-DHHR
ALJ	MJS
Respondent	Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
Employment Type	STATE
Job Title
Topics	Dismissed
Primary Issues	Whether the Grievance Board has jurisdiction to hear this grievance.
Outcome	Dismissed; Lack of Jurisdiction
Statutes	W. Va. Code § 5-5-4a; W. Va. Code § 6C-2-2(i)(1)
Related Cases	Mills v. Dept. of Health & Human Svcs./Mildred Mitchell-Batement Hosp., Docket No. 2015-0945-DHHR (Dec. 1, 2015); aff’d Cir. Ct. Kan. Cty., Civil Action No. 15-AA-134 (Mar. 23, 2018); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Miser, et al., v. Dep’t of Health & Human Res., Docket No. 2013-1324-CONS (May 6, 2014); Albright, et al., v. Dep’t of Health & Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2013-1413-CONS (June 17, 2014)
Keywords	Motion to Dismiss; Hartley Pay Increase; Jurisdiction; Relief
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is employed by Respondent at William J. Sharpe, Jr. Hospital. Grievant asserts that he was improperly denied a pay increase pursuant to a State Board of Personnel proposal, and that such was also discriminatory. Respondent denies Grievant’s claims and asserts that the Grievance Board lacks jurisdiction to hear this matter pursuant to West Virginia Code § 5-5-4a, and as Grievant is seeking to enforce a circuit court order. Grievant is seeking a pay increase granted by Order of the Circuit Court of Kanawha County, West Virginia. The Grievance Board lacks jurisdiction to enforce a Circuit Court order, or to compel compliance therewith. Further, West Virginia Code § 5-5-4a specifically exempts pay increases granted pursuant thereto from the grievance process. Therefore, Respondent’s Motion to Dismiss should be granted, and this grievance, DISMISSED.

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