Database Search Result Details
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First Name
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Charles
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Last Name
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Crowder, et al.
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Decision Date
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10/4/2018
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Docket Number
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2018-0417-CONS
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ALJ
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WBM
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Respondent
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Division of Corrections/Mount Olive Correctional Complex
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Employment Type
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STATE
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Job Title
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Non-uniformed employees
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Topics
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Salary Increase
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Primary Issues
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Whether Grievant should have received the same salary increase as the correctional officers.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d)
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Related Cases
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Gregory v. Div. of Juvenile Ser., Docket No. 2018-0179-CONS (Feb. 12, 2018); Prince v. Reg. Jail & Corr. Facilities Auth., Docket No. 2018-0583-MAPS (Sept. 18, 2018); Broaddus et al. v. Dep’t of Health & Human Ser., Docket No. 89-DHS-606/607/608/609 (Aug. 31, 1990); Adkins v. Workforce W. Va. and Div. of Personnel, Docket No. 2009-1457-DOC (Oct. 13, 2009); Barker v. Dep’t of Health & Human Ser. Docket No. 2015-0422-DHHR (Aug. 22, 2016); Hall v. Div. of Natural Res. and Div. of Personnel, Docket No. 00-DNR-053 (Apr. 28, 2000)
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Keywords
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Pay; Salary Increase; Similarly Situated Employees; Job Duties; Classification; Non-Uniformed Employees
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Intermediate Court of Appeals
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Circuit Court
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Grievants appealed to Kanawha County Circuit Court 11/5/2018, CA# 18-AA-251 (Bloom); Grievant Swank filed an amended appeal 11/7/18, CA#-18-AA-251; 4/3/19, Affirmed
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Supreme Court
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Synopsis
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Grievants are non-uniformed employees of Respondent who are assigned to Mount Olive. Correctional Officers at Mount Olive received a $1.00 per hour pay increase to enhance recruitment and retention levels in that classification. Grievants allege that it is discriminatory to require them to work at security posts performing the same duties as Correctional Officers without giving them the same $1.00 per hour salary increase. They also argue that it is unlawful for Respondent to routinely assign them duties outside of the classification specifications of their position.
Grievants were not similarly situated to Correctional Officers with regard to the raise. Respondent was not experiencing the emergency level of vacancies in the non-uniform classifications which were prevalent in the Correctional Officer classification. Grievants may be assigned duties outside their classification if necessary to meet the demonstrated needs of the organization and the outside duties do not become close to becoming the Grievants’ predominate duties.
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