Database Search Result Details
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First Name
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Christina
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Last Name
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Flohr
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Decision Date
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2/5/2020
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Docket Number
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2018-0755-DHHR
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/John Manchin Sr. Health Care Center 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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Nurse
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Topics
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Classification
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Primary Issues
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Whether Grievant proved that any delay in the processing of her reallocation to Nurse 2 was a result of retaliation or discrimination.
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Outcome
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Denied
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Statutes
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W. Va. Code S. R. § 153-1-1; W. Va. Code § 6C-2-3(h); W. Va. Code § 6C-2-2(o)
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Related Cases
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Namsupak v. DHHR/John Manchin Sr. Health Care Center, Docket No. 2018-0241-CONS; Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Mace v. Pizza Hut, Inc., 180 W.Va. 469, 377 S.E.2d 461, 464 (1988); Shepherdstown Volunteer Fire Department v. State ex rel. West Virginia Human Rights Commission, 172 W.Va. 627, 309 S.E.2d 342 (1983)
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Keywords
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Classification; Reallocation; Position Description Form; Discrimination; Promotion
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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 was employed by DHHR as a Nurse 1 at the Manchin Clinic outpatient unit when she applied for a Nurse 2 position in the long-term care unit. Grievant did not hear back from DHHR, so filed this grievance. DHHR determined that Grievant did not want the position applied for, but simply wanted her existing position reallocated to a Nurse 2. DHHR therefore directed Grievant to complete a PDF for processing with DOP. Grievant refused, reasoning that coworkers had been upgraded to Nurse 2 without a PDF. DHHR explained that an employee could become a Nurse 2 either by applying for a Nurse 2 under a different position number than the one held or by submitting a PDF requesting DOP to reallocate their current position. After 16 months of quibbling, Grievant refused to be swayed. So DHHR submitted a PDF to DOP without Grievant’s assistance. Whereupon, DOP reallocated Grievant’s position to a Nurse 2. Grievant alleges that her supervisor retaliated and discriminated against her by not timely processing her reallocation and by requiring her, but not similarly situated coworkers, to complete a PDF to become a Nurse 2. Grievant requests two years of backpay as a Nurse 2. Grievant failed to prove that any delay in her reallocation was due to retaliation or discrimination. Accordingly, this grievance is DENIED.
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