Database Search Result Details
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First Name
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Laticia
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Last Name
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Trent
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Decision Date
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10/12/2018
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Docket Number
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2018-0672-DOT
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ALJ
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BTC
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Transportation Service Manager I
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Topics
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Merit Increase
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Primary Issues
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Whether Respondent’s decision to not grant Grievant a merit increase was arbitrary and capricious.
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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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Little v. W. Va. Dep’t of Health & Human Res., Docket No. 98-HHR-092 (July 27, 1998); Salmons v. W. Va. Dep’t of Transp., Docket No. 94-DOH-555 (Mar. 20, 1995); Terry v. W. Va. Div. of Highways, Docket No. 91-DOH- 185 (Dec. 30, 1991); Osborne v. W. Va. Div. of Rehab. Serv., Docket No. 89-RS-051 (May 16, 1989); Johnson v. Div. of Highways, Docket No. 2017-2504-CONS (Dec. 22, 2017); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996)
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Keywords
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Merit Increase; Salary Advancement; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Clerk 11/13/18 CA #18-AA-255 (King); Affirmed, 6/6/19
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as a Transportation Services Manager 1. Grievant protests her non-selection for a merit increase. Grievant asserts Respondent failed to disseminate or adhere to its own guidelines regarding the merit increases and that the distribution of merit increases was arbitrary and capricious. Grievant failed to prove Respondent’s decision not to grant Grievant a merit increase violated any law, rule, policy, or procedure or that it was otherwise arbitrary and capricious. Accordingly, the grievance is denied.
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