Database Search Result Details
|
First Name
|
Carl
|
|
Last Name
|
Beard
|
|
Decision Date
|
5/2/2019
|
|
Docket Number
|
2018-1289-DOT
|
|
ALJ
|
LRB
|
|
Respondent
|
Division of Highways
|
|
Employment Type
|
STATE
|
|
Job Title
|
Bulding Maint. Supervisor II
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether Grievant proved that Respondent is required to provide back pay for the reclassification determination.
|
|
Outcome
|
Moot
|
|
Statutes
|
W. Va. Code St. R. § 156-1-6.19.2; W. Va. Code St. R. § 156-1-3
|
|
Related Cases
|
Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Dooley v. Dept. of Trans./Div. of Highways, Docket No. 94-DOH-255 (Nov. 30, 1994)
|
|
Keywords
|
Classification; Salary; Pay Plan Policy; Pay Grade; Moot; Relief; Back Pay
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant filed a grievance protesting his job classification and salary. Subsequent to newly established authority, see Senate Bill 2003, Respondent is able to make certain determinations regarding classification, pay, and qualifications of Division of Highways employees independent of Division of Personnel, the entity of WV State government traditionally charged with making classification determinations.
Respondent issued a Pay Plan Policy dated May 1, 2018 including new Hourly and Salary Pay Grade Schedules dated June 27, 2018. Respondent reclassified Grievant to the position of Building and Grounds Manager, pay grade 15; with an effective date of September 29, 2018. Grievant’s interpretation of past events is perplexing and convoluted, nevertheless, the relevant issue of his assigned classification is moot. Respondent has provided Grievant the relief requested. Grievant was provided repeated opportunity but fails to establish a viable grievance. Respondent has established that this grievance should be dismissed as moot. Accordingly, his grievance is dismissed.
|
Back to Results
Search Again