details - Public Grievance Board

First Name	Ruth
Last Name	Brown, et al.
Decision Date	5/9/2018
Docket Number	2018-0914-CONS
ALJ	WBM
Respondent	Department of Health and Human Resources/Welch Community Hospital
Employment Type	STATE
Job Title	HHRS Senior Radiology Manager
Topics	Dismissed; On-Call Pay
Primary Issues	Whether Grievants filed their claims within the statutory time frame.
Outcome	Dismissed; Untimely
Statutes	W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-4; W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 18-29 1
Related Cases	W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Lynch v. W. Va. Dep’t of Transp., Docket No. 97-DOH-060 (July 16, 1997), aff’d, Circuit Court of Kanawha County, No. 97-AA-110 (Jan. 21, 1999); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Martin v. Randolph County Bd. of Educ., 195 W.Va. 297, 465 S.E.2d 399 (1995)
Keywords	On-Call Pay; Motion to Dismiss; Statutory Time Lines; Kronos; Salary Disparity
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Respondent asserts that Grievant’s did not file their actions within fifteen days of being notified that the method for compensating them for being on call changed from a percentage of salary to a flat rate. Grievants counter, inter alia, they are being subject to salary disparity which constitutes a continuing violation which allows them to file a grievance within fifteen days of the most recent occurrence. All Hospital employees are now subject to the same fixed rate for on call time. There is no disparity of pay. Rather the grievable event was the conversion from percentage to fixed compensation. Respondent proved that Grievant’s did not file their claims within fifteen working days of that event.

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