Database Search Result Details
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First Name
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Peggy
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Last Name
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Lamb
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Decision Date
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4/24/2019
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Docket Number
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2018-1018-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/Bureau for Children and Families 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 and Human Services Aide
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Topics
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Reallocation
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Primary Issues
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Whether Grievant demonstrated that Respondents acted in an arbitrary and capricious manner as it related to the classification of the position.
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Outcome
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Denied
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Statutes
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Related Cases
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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); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Kuntz/Wilford v. Dep’t of Health and Human Res., Docket No. 96-HHR-301 (Mar. 26, 1997)
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Keywords
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Reallocation; Back Pay; Job Duties; Position Description Form; 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 claims that she was performing duties outside of the Health and Human Services Aide classification assigned to the position she formerly occupied. Grievant seeks a retroactive salary increase for an unspecified period of time when she was performing extra work. It is undisputed that Grievant failed to submit a Position Description Form to the Division of Personnel for a classification determination. Grievant failed to demonstrate by a preponderance of the evidence that Respondents acted in an arbitrary and capricious manner as it relates to classification and compensation of the position she occupied. Accordingly, this grievance is denied.
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