Database Search Result Details
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First Name
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Sam
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Last Name
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Cassella
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Decision Date
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6/6/2019
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Docket Number
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2018-0565-DOT
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ALJ
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JSF
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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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Transportation Worker 2
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Topics
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Merit Raise
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Primary Issues
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Whether Grievant proved that Respondent violated any law, rule, policy, or procedure when it failed to give Grievant a merit raise.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Little v. W. Va. Dep’t of Health & Human Res., Docket No. 98-HHR-092 (July 27, 1998); Salmons v. W. Va. Dep’t of Transp., Docket No. 94-DOH-555 (Mar. 20, 1995); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008)
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Keywords
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Merit Raise; Classification; Discrimination; Pay Plan Policy; 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 has been employed in the Transportation Worker class series with Respondent since 2008. In 2017, Respondent refused to consider Grievant for a merit raise. The Department of Personnel Pay Plan Policy then in effect declared employees in the Transportation Worker class series ineligible for merit raises. The West Virginia Division of Highways Pay Plan Policy, which does not exclude Grievant from merit raises, now controls. However, the Governor issued a decade long freeze on merit raises, lifting the freeze for a short period in 2017, before reinstating it. Accordingly, this grievance lamenting the denial of a merit raise is Denied.
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