Database Search Result Details
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First Name
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Glen
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Last Name
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Blon, et al.
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Decision Date
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1/24/2019
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Docket Number
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2016-0471-CONS
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ALJ
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RLR
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Trade Specialist II
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Topics
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Performance Reviews
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Primary Issues
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Whether Grievants’ performance reviews were completed consistent with established guidelines.
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Outcome
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Granted
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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); Stone v. W. Va. Alcohol Beverage Control Comm’n, Docket No. 97-ABCA-151 (Aug. 21, 1997); Karr v. W. Va. Bureau of Employment Programs, Docket No. 98-BEP-145 (Aug. 28, 1998)
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Keywords
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Performance Reviews; Salary; Market Increase; Merit Increase; Arbitrary and Capricious
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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 3/7/19, CA Nos. 19-AA-13/14/15/16/17/18/19, appeals where consolidated 3/27/19 under CA #19-AA-13 and assigned to Judge Bloom; Reversed and Vacated 7/25/19
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Supreme Court
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Synopsis
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Grievants allege that their performance reviews were completed in a manner not consistent with a strict application of performance guidelines and that classified employees’ salaries have remained stagnant while management salaries have increased. Respondent submits that the guidelines are only recommendations and that any omissions cited by Grievants did not affect the evaluation process, but were inconsequential to the evaluation and did not affect the employee’s rating. This grievance is granted to the extent that performance evaluations be completed in compliance with WVU guidelines in the future.
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