Database Search Result Details
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First Name
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Gary
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Last Name
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Foster, et al.
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Decision Date
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3/22/2019
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Docket Number
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2018-1112-CONS
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ALJ
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RLR
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Respondent
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Division of Natural Resources/ 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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Natural Resource Program Manager II
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Topics
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Pay Increase
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Primary Issues
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Whether Grievants proved that they were similarly situated to the employees who received the discretionary pay increases.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Frymier v. Higher Education Policy Comm’n., 655 S.E.2d 52, 221 W. Va. 306 (2007); Ollar v. W. Va. Dept. of Health and Human Serv., Docket No. 92-HHR-186 (Jan. 22, 1993); Fraley v. W. Va. Dept. of Health and Human Resources, Docket No. 92-HHR-448 (Mar. 12, 1993)
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Keywords
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Discretionary Pay Increase; Pay Plan Policy; Job Classification; Discrimination; Similarly Situated Employees; Job Duties
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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 the Division of Natural Resources, and all have earned the Certified Wildlife Biologist certification prior to May of 2002. Their certification dates precede the date on which discretionary increases for Professional Skills/Competency Development under the Division of Personnel’s Pay Plan policy existed. Respondent demonstrated that Grievants were not similarly situated to the employees who received their certifications after the prohibition on discretionary pay increases was lifted. The record also established an unauthorized approval of the certification to be eligible for a discretionary raise by a former Assistant Director of the Division of Personnel. It is well established that Grievants cannot rely upon an ultra vires action to confer entitlement to the relief they are seeking. Accordingly, this grievance is denied.
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