Database Search Result Details
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First Name
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Edwin
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Last Name
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Holley
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Decision Date
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10/25/2019
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Docket Number
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2019-0604-MU
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ALJ
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WBM
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Supervisor
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Topics
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Salary Upgrade
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Primary Issues
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Whether Grievant proved that Respondent violated its Interim Salary Adjustment policy by requiring him to fill in for his supervisor.
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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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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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Salary Upgrade; Job Duties; Policy; Job Description; Discrimination
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 11/25/19; Civil Action No. 19-AA-158; Judge Tabit; Final Order Affirming Issued 3/26/2021
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Supreme Court
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Synopsis
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Grievant alleges that Respondent subjected him to discrimination and violated its own policy by refusing to give him a salary upgrade when he filled in for his supervisor who was gone for an extended time. Part of Grievant’s regular duties listed I his job description include filling in for his supervisor when he is absent. Grievant did not prove he was subject to discrimination because he was not similarly situated with the coworkers he identified. Grievant did not prove that Respondent violated its policy of giving employees a salary upgrade when they are required to temporarily perform additional duties. Filling in for his supervisor in part of his regular duties, and does not qualify as an additional duty.
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