Database Search Result Details
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First Name
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Lisa
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Last Name
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Driscoll, et al.
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Decision Date
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5/22/2018
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Docket Number
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2018-0125-CONS
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ALJ
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SLB
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families, Bureau for Child Support Enforcement and Bureau for Public Health
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Dismissed
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Primary Issues
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Whether the Grievance Board has jurisdiction to resolve this grievance.
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Outcome
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Dismissed; Lack of Jurisdiction
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code § 6-7-1
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Related Cases
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Bonnie Price, et. al. v. Dep’t. of Health & Human Res./Bur. for Children & Families, Bur. for Public Health, Bur. of Senior Services, Div. of Nat'l Res., General Services Div. & Div. of Personnel, Docket No. 2016-0653-CONS (Aug. 16, 2016); Brining v. Div. of Corrections, Docket No. 05-CORR-284 (Dec. 7, 2005); Rainey v. Div. of Motor Vehicles, Docket No. 2008-0278-DOT (Mar. 11, 2008); Posey v. W. Va. Univ., Docket No. 2009-0745-WVU (Apr. 10, 2009); Narkevic v. Div. of Corr. & Dep’t of Health & Human Res., Docket No. 2009-0846-MAPS (Apr. 29, 2009); Farley v. Morgan County Bd. of Educ., Docket No. 01-32-615D (April 30, 2002); Thompson v. Div. of Corr., Docket No. 2014-0386-MAPS (Dec. 3, 2014); Monroe v. Dep’t of Admin./Real Estate Div. and Legislative Servs./Employee Suggestion Award Bd., Docket No. 2012-0873-DOA (May 14, 2012)
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Keywords
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Motion to Dismiss; Bi-Weekly Pay; Employer; Employee
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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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Grievants assert that the change from twice-monthly pay to bi-weekly pay, which occurred n May 2017, caused them to be deprived of pay for 20 hours that they worked during 2017, and prevented proper accrual of their annual leave. The West Virginia State Auditor’s Office and Treasurer’s Office are charged with assuring that state employees are paid their full salaries, not Respondents, and it is the Enterprise Resource Planning Board, comprised of the Governor, Treasurer, and Auditor of the State of West Virginia that required the change in the pay cycle. The grievance procedure permits grievants to pursue grievances against the agency that employs them. However, Respondent employers are not responsible for the change in the payroll schedule and, thus, are without authority to resolve the grievance. Moreover, the Grievance Board does not have jurisdiction to resolve the dispute between Grievants and the ERPB or to provide the requested relief. As such, this grievance must be dismissed.
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