Database Search Result Details
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First Name
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Kim
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Last Name
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Smith
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Decision Date
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12/5/2019
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Docket Number
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2019-0696-DEP
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ALJ
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LRB
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Respondent
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Department of Environmental Protection/Central Office - DEP 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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ERS II
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Topics
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Classification
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Primary Issues
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Whether Grievant proved that DOP acted in an arbitrary or capricious manner as relates to the classification determination of the position in discussion.
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Outcome
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Denied
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Statutes
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W. Va. Code R. §143-1-3.72; W. Va. Code § 29-6-1
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Related Cases
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Hayes v. W.Va. Dep’t of Natural Resources, Docket No. NR-88-038 (Mar. 28, 1989); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Dollison v. W. Va. Dep't of Employment Security, Docket No. 89-ES-101 (Nov. 3, 1989); Broaddus v. W. Va. Div. of Human Serv., Docket Nos. 89-DHS-606, 607, 609 (Aug. 31, 1990); Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Personnel, Docket No. 99-T&R-118 (Aug 30, 1999), Aff’d Kan. Co. C. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); Stihler v. Div. of Natural Res., Docket No. 07-DNR-360D (Feb. 6, 2009); Keys v. Dep’t of Environmental Protection, Docket No. 06-DEP-307 (April 20, 2007); Prue v. Division of Corrections and Division of Personnel, Docket No. 2017-1400-MAPS (Nov. 3, 2017); Moore v. W. Va. Dep’t of Health & Human Resources, Docket No. 94-HHR-126 (Aug. 26, 1994); Celestine v. State Police, Docket No. 2009-0256-MAPS (May 4, 2009)
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Keywords
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Classification; Classification/Compensation Plan; Job Duties; Arbitrary or Capricious
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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 1/6/2020; Judge Bloom; Civil Action No. 20-AA-4; Final Order 7/15/2020; Affirmed
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Supreme Court
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Synopsis
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Grievant is employed by Respondent DEP in a position classified as an Environmental Resources Specialist 2. Grievant believes the position she occupies should be classified as an Environmental Resources Specialist 3. The Division of Personnel is the entity of WV State government charged with making classification determinations. DOP develops and manages the State’s Classification/Compensation Plan. Upon reviewing the documents related to Grievant’s position, and performing an on-site audit, DOP determined that the position occupied by Grievant is not assigned complex scientific work at the advanced level within the ERS class series and does not have recognized lead worker responsibilities, both of which are fundamental requirements of the ERS 3 classification. Grievant failed to prove she was engaged in recognized duties at the advanced level within the ERS class series. Grievant failed to prove DOP’s determination that the position should not be allocated to the ERS 3 classification was arbitrary, capricious or clearly wrong. This grievance is DENIED.
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