Database Search Result Details
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First Name
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Patricia
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Last Name
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Shirk
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Decision Date
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3/5/2019
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Docket Number
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2017-1419-DOT
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ALJ
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BTC
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Respondent
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Division of Highways/ AND Division of Personnel
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Employment Type
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STATE
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Job Title
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Supervisor 1
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Topics
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Classification
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Primary Issues
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Whether Grievant proved the Division of Personnel’s reallocation of her position was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-3.28; W. Va. Code St. R. § 143-1-3.72
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Related Cases
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Shirk v. Div. of Highways, Docket No. 2017-2494-CONS (Feb. 20, 2018); Shirk v. Div. of Highways, Docket No. 2018-0938-CONS (Nov. 14, 2018); Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Pers., Docket No. 99-T&R-118 (Aug 30, 1999), aff’d Kan. Co. Cir. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); Hayes v. W. Va. Dep't of Natural Res., Docket No. NR-88-038 (Mar. 28, 1989); Oliver v. W. Va. Dep't of Health & Human Res./Bureau for Child Enforcement, Docket No. 00-HHR-361 (Apr. 5, 2001)
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Keywords
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Classification; Reallocation; 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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Grievant is employed by Respondent as a Supervisor 1 and grieved her demotion from a Supervisor 2 to a Supervisor 1. Grievant was not demoted; the position she occupies was reallocated by the Division of Personnel. Supervisor 1s oversee the activities of clerical support staff, semi-or-fully-skilled trade workers, or inspectors and Supervisor 2s oversee employees engaged in technical work requiring advanced training. Grievant failed to prove her subordinate employees were engaged in technical work requiring advanced training. Therefore, Grievant failed to prove the Division of Personnel’s reallocation of her position was arbitrary and capricious. Accordingly, the grievance is denied.
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