Database Search Result Details
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First Name
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Kenneth
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Last Name
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Rexrode, et al.
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Decision Date
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10/12/2018
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Docket Number
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2018-0800-CONS
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ALJ
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RLR
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Respondent
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Division of Corrections/Huttonsville Correctional Center
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Employment Type
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STATE
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Job Title
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Maintenance Supervisor 1
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Topics
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Salary Increase
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Primary Issues
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Whether Grievants are entitled to 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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Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Adkins v. Workforce W. Va. & Div. of Personnel, Docket No. 2009-1457-DOC (Oct. 13, 2009)
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Keywords
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Salary Increase; Non-Uniformed Employees; Job Duties; 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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Grievants are non-uniformed employees of Respondent who are assigned to Huttonsville Correctional Center. Grievants allege that they are required to work security posts, and escort contractors on the facility grounds. Grievants assert that by escorting the contractors they are performing security duties. The record established that non-uniformed staff will have their pay adjusted to Correctional Officer pay for the time they spend working a security post/duties if they make less than the entry level hourly rate for a Correctional Officer. The record did not support a finding the Grievants were the victims of discrimination. Respondent was not experiencing the emergency level of vacancies in the non-uniform classifications which were prevalent in the Correctional Officer classification. Grievants did not prove by a preponderance of the evidence that Respondent was prohibited from assigning them occasional duties outside of their normal classification when there is a need to do so.
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