Database Search Result Details
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First Name
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Steven
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Last Name
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Baughman
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Decision Date
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6/21/2018
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Docket Number
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2018-0451-DHHR
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ALJ
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LGB
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Pay
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Primary Issues
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Whether the reduced pay Grievant received upon accepting a voluntary demotion without prejudice the result of arbitrary and capricious decision making or otherwise improper.
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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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Pringle v. Dep’t of Health & Human Res., Docket No. 2012-1424-DHHR (Oct. 22, 2013); Burkhart v. Ins. Comm’n, Docket No. 2010-1303-DOR (Dec. 7, 2011); Howell v. W. Va. Dep’t of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017, 1022 (4th Cir. 1985); Woolridge v. Dep’t of Transp., Docket No. 2008-0416-DOT (Jan. 23, 2009)
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Keywords
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Pay; Voluntary Demotion; 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 currently employed by Respondent as a Health Service Worker. Grievant was employed as a Health Service Assistant until September 16, 2017, when he accepted a voluntary demotion without prejudice to Health Service Worker. Grievant was informed that his annual salary upon acceptance of the voluntary demotion to Health Service Worker would be $27,734.75. Grievant filed this grievance upon learning that the new salary represented a 6.541 percent reduction from his previous salary, a reduction which Grievant believes to be excessive. However, Grievant failed to show that the reduction to the lowest permissible amount violated any applicable law, rule or regulation, or that the reduction was the result of arbitrary and capricious decision making. Accordingly, this grievance will be denied.
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