Database Search Result Details
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First Name
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Jaymi
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Last Name
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Martin, et al.
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Decision Date
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12/11/2018
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Docket Number
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2018-1470-CONS
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ALJ
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BTC
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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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Correctional Counselor II
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Topics
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Pay
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Primary Issues
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Whether Respondent acted arbitrary and capriciously in seeking a pay differential for the correctional officer classification series only.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-5.4.f.4 (2016)
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Related Cases
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Gregory and Rardin v. Div. of Juv. Serv., Docket No. 2018-0179-CONS (Feb. 12, 2018); Prince v. Reg’l Jail and Corr. Facility Auth., Docket No. 2018-0583-MAPS (Sept. 18, 2018); Rexrode et al. v. Div. of Corr., Docket No. 2018-0800-CONS (October 12, 2018)
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Keywords
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Pay raise; job classification; job duties; arbitrary and capricious
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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 employed by Respondent Regional Jail and Correctional Facility Authority as Correctional Counselor 2s at Southern Regional Jail. Grievants assert that, as they perform many of the same duties as correctional officers, they should receive the same pay raise received by correctional officers. Grievants do not assert that they are misclassified and should be classified as correctional officers. Respondent sought a discretionary pay differential for correctional officers from the Personnel Board to address critical recruitment and retention issues in that classification series, which was supported by a report submitted along with the request. Grievants failed to prove Respondent acted arbitrary and capriciously in seeking a pay differential for the correctional officer classification series only. Accordingly, the grievance is denied.
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