Database Search Result Details
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First Name
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Patrick
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Last Name
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Brennan
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Decision Date
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4/26/2019
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Docket Number
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2019-0250-DOT
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ALJ
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WBM
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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HW Engineer Associate
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Topics
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Classification
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Primary Issues
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Whether Grievant proved that he was temporarily upgraded to a position one pay grade above his regular job. Whether Grievant proved that he was entitled to receive a salary upgrade.
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Outcome
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Granted/Denied
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Statutes
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Related Cases
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W. Va. Pub. Employees Ins. Bd. v. Blue Cross Hosp. Serv., Inc., 174 W. Va. 605, 328 S.E.2d 356 (1985); Allen v. Dep't. of Transp. and Division of Personnel, Docket No. 06-DOH-242 (January 31, 2007)
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Keywords
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Classification; Temporary Upgrade; Salary; Promotion; Pay Grade
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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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The parties agree that Grievant was temporarily upgraded into an advanced job classification for a specific time period. Grievant argues that he should have been paid an additional seven percent while he was serving in the advanced classification, which is the amount of increase he would have received if he applied for and was selected for the position. Respondent believes it is limited to pay Grievant an additional five percent while serving in the advanced classification by the Division of Personal rules. Grievant did not prove that he was entitled to a seven percent increase. The grievance is GRANTED in part and DENIED in part.
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