Database Search Result Details
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First Name
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Cindy
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Last Name
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Burke
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Decision Date
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5/16/2019
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Docket Number
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2017-2135-DEA
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ALJ
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JSF
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Respondent
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Division of Rehabilitation Services
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Employment Type
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STATE
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Job Title
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Senior Disability Examiner
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Topics
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Pay Raise
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Primary Issues
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Whether Grievant proved that Respondent’s decision to not submit Grievant’s request for an “internal equity” was otherwise arbitrary and capricious.
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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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Harris v. Dep’t of Transp., Docket No. 06-DOH-224 (Jan. 31, 2007); Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); Thewes and Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Hammond v. West Virginia Department of Transportation, Division of Highways and the Divisions of Personnel, 229 W.Va. 108, 727 S.E.2d 652, 655 (2012); Moore v. W.Va. Dep't of Health and Human Res./Div. of Personnel, Docket No. 94-HHR-126 (Aug. 26, 1994)
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Keywords
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Internal Equity Pay Rise; Job Classification; Pay Grade; Budget; 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 requested a discretionary pay raise from Respondent based on internal equity. Respondent refused to process the request through the Division of Personnel. Grievant protests Respondent’s refusal. While internal equity pay raises must be approved by the DOP, Respondent has the discretion to submit to the DOP an employee’s request for an internal equity pay raise. Grievant did not prove that Respondent’s refusal was arbitrary and capricious or in violation of any law or policy. Accordingly, the grievance is Denied.
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