Database Search Result Details
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First Name
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Aaron
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Last Name
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Thompson
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Decision Date
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5/31/2019
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Docket Number
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2018-0920-DEP
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ALJ
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WBM
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Respondent
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Department of Environmental Protection/Division of Land Restoration
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Employment Type
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STATE
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Job Title
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ERS II
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Topics
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Salary
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Primary Issues
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Whether Grievant proved that Respondent’s decision to pay him and another employee different salaries when they started and during their employment was arbitrary or capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 29-6-10
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Related Cases
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Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); AFSCME v. Civil Serv. Comm'n., 181 W. Va. 8, 380 S.E.2d 43 (1989); Thewes and Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Myers v. Div. of Highways, Docket No. 2008-1380-DOT (Mar. 12, 2009); Buckland v. Div. of Natural Res., Docket No. 2008-0095-DOC (Oct. 6, 2008): Boothe, et al., v. W. Va. Dep’t of Transp./Div. of Highways, Docket No. 2009-0800-CONS (Feb. 17, 2011); Lott v. Div. of Highways and Div. of Personnel, Docket No. 2011-1456-DOT (Sept. 9, 2014); Bowser, et al., v. Dep’t of Health & Human Ser./William R. Sharpe, Jr. Hosp., Docket No. 2013-0247-CONS (Feb. 13, 2014); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998)
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Keywords
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Salary; Pay Disparity; Pay Grade; Classification; 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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When preparing to retire Mr. Thompson file a grievance contesting the fact that a coworker in his same classification was paid more than him for the duration of their careers with the DEP. Grievant does not argue that the pay disparity is cause by discrimination, but rather that the initial and ongoing practice of Respondent was arbitrary and capricious. Even putting aside the timeliness issue that the two employees were initially hired at least seventeen years before the Grievance was filed, both employees were paid salaries within the page grade for which they were assigned. Thus, Respondent’s actions to pay them different salaries from the beginning was not improper. Additionally, Grievant produced no evidence proving that Respondent’s actions were arbitrary or capricious.
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