Database Search Result Details
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First Name
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Barbara
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Last Name
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Keesler, et al.
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Decision Date
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11/4/2019
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Docket Number
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2017-2465-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Licensed Practical Nurse
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Topics
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Workweek Change
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Primary Issues
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Whether Grievants demonstrated that Respondent has violated any statute, rule, regulation or policy.
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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(g); W. Va. Code § 6C-2-1(a)
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Related Cases
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Rainey v. Div. of Motor Vehicles, Docket No. 2008-0278-DOT (Mar. 11, 2008); Farley v. Morgan County Bd. of Educ., Docket No. 01-32-615D (April 30, 2002); Narkevic v. Div. of Corr. and Dep’t of Health & Human Res., Docket No. 2009-0846-MAPS (Apr. 29, 2009); Monroe v. Dep’t of Admin./Real Estate Div. and Legislative Servs./Employee Suggestion Award Bd., Docket No. 2012-0873-DOA (May 14, 2012); Clutter v. Dep’t of Agric., Docket No. 2009-1372-AGR (May 28, 2009); Harper, et al. v. Div. of Corr., Docket No. 2016-1113-CONS (Feb. 1, 2017)
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Keywords
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Shift Differential Pay; Workweek Change; Enterprise Resource Planning Board; Employer; Policy
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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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The Enterprise Resource Planning Board changed the workweek for all state employees effective January 1, 2016, to begin on Saturday morning at 12:00 a.m. Previously, the workweek began on Sunday morning at 12:00 a.m. This change resulted in Grievants losing one hour of shift differential pay per shift. Respondent was not responsible for the change in the Grievants’ schedule, nor did it have authority to refuse to implement the change put in place by the State’s new timekeeping and payroll system. Grievants understandably did not like the loss of their of shift differential pay due to the change in their work schedules; however, the undersigned does not have the authority to change the Enterprise Resource Planning Board’s or Respondent’s policies, absent some violation of statute, rule, regulation, or policy.
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