Database Search Result Details
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First Name
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James
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Last Name
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Prince
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Decision Date
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9/18/2018
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Docket Number
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2018-0583-MAPS
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ALJ
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WBM
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Respondent
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Regional Jail and Correctional Facility Authority/Southern Regional Jail
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Employment Type
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STATE
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Job Title
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Maintenance Supervisor I
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Topics
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Pay Increase
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Primary Issues
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Whether Grievant proved that he is entitled to the one dollar per hour pay increase given to 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); Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Dooley v. W. Va. Dept. of Health & Human Res., Docket No. 90-H-498 (Mar. 19, 1991); Broaddus v. W. Va. Div. of Human Serv., Docket No. 89-DHS-606, 607, 609 (Aug. 31, 1990)
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Keywords
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Pay Increase; Job Responsibilities; Discrimination; Similarly Situated Employees
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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 alleges that he is entitled to the same one dollar per hour pay increase which was given to correctional officers (“CO”) which was implemented by the Division of Corrections (“DOC”) on July 28, 2017. Grievant presented evidence attempting to prove that he is entitled to this raise because he is exposed to some of the same type of risks as the Correctional Officers, and that he sometimes fills in at security posts in CO jobs when insufficient security staff is available. The record established that the one dollar per hour raise given only to COs was reasonably related to the State correctional system’s critical need to attract and retain COs to fill the numerous vacant CO positions within the system. Grievant is in the classification of Building Maintenance Supervisor 1 and therefore not entitled to the retention and recruitment raise.
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