Database Search Result Details
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First Name
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Deanna
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Last Name
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Cobb
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Decision Date
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8/21/2019
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Docket Number
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2019-0260-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Child Support Enforcement 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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Child Support Specialist II
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Topics
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Reallocation
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Primary Issues
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Whether Division of Personnel’s reallocation of Grievant’s position was arbitrary and capricious or whether the classifications Grievant sought were the best fit.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-4.4(b)
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Related Cases
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Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Pers., Docket No. 99-T&R-118 (Aug 30, 1999), aff’d Kan. Co. Cir. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); 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)
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Keywords
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Position Description Form; Classification; Reallocation; Job Duties; 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 is employed by Respondent DHHR within the Bureau for Child Support Enforcement as a part-time Child Support Supervisor 1. Respondent Division of Personnel reallocated Grievant’s position to a Child Support Specialist 2. Grievant asserts the position should remain classified as a Child Support Supervisor 1 or should be reallocated to a Child Support Specialist 3. Grievant failed to prove the classifications she sought were the best fit or that Respondent Division of Personnel’s reallocation of her position was arbitrary and capricious. Accordingly, the grievance is denied.
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