Database Search Result Details
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First Name
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Robin
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Last Name
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Davis, et al.
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Decision Date
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7/10/2018
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Docket Number
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2018-0435-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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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 hear this matter.
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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 § 5-5-4a
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Related Cases
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Miser et al. v. Dep’t of Health & Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2013-1324-CONS (May 6, 2014); Latif, et al. v. Dep’t of Health & Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2013-2243-CONS (June 18, 2014)
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Keywords
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Motion to Dismiss; Salary Increases; Harley; Lack of Jurisdiction
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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 contest their exclusion from pay increases received by other employees of Respondent at Mildred Mitchell-Bateman Hospital with whom they feel they are similarly situated. These pay increases were received either due to the enactment of a particular statute or under a Circuit Court settlement agreement and Order in an ongoing lawsuit. The statute specifically exempts the implementation of its pay increase from the grievance process. The Grievance Board lacks jurisdiction to enforce a Circuit Court settlement agreement or Order. Accordingly, Respondent’s Motion to Dismiss is GRANTED.
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