Database Search Result Details
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First Name
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Samuel
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Last Name
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Cutright
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Decision Date
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3/12/2019
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Docket Number
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2017-2167-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital 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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Health Service Worker
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Topics
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Back Pay
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Primary Issues
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Whether Respondents violated any law, rule, regulation, policy or practice.
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Outcome
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Denied
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Statutes
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W. Va. Code § 29-6-10
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Related Cases
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Pure v. Div. of Corrections and Div. of Personnel, Docket No. 2017-1400-MAPS (Nov. 3, 2017); Moore v. Dep’t of Health and Human Resources and Div. of Personnel, Docket No. 2017-2453-DHHR (Aug. 3, 2018); Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Personnel, Docket No. 99-T&R-118 (Aug. 30, 1999)
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Keywords
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Reallocation; Classification; Position Description Form; Policy; 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 currently employed by the Department of Health and Human Resources in a position classified as a Health Service Worker. The position was not reallocated from a Health Service Worker Trainee to a Health Service Worker until after Grievant completed a Position Description Form that was then submitted by the Department of Health and Human Resources to the Division of Personnel for review and a classification determination. The Division of Personnel and Department of Health and Human Resources both acted in accordance with applicable policy in regard to the reallocation of the position. Grievant failed to demonstrate that any delay in processing the reallocation violated any law, rule, regulation, policy or practice applicable to his employment situation. Accordingly, this grievance is denied.
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