Database Search Result Details
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First Name
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Teresa
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Last Name
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Baker
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Decision Date
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3/4/2020
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Docket Number
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2018-1170-WayED
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ALJ
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WBM
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Respondent
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Wayne County Board of Education
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Employment Type
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SERV
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Job Title
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Secretary
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Topics
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Supplemental Pay
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Primary Issues
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Whether Grievant is entitled to the pay supplement she requests.
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Outcome
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Granted
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Statutes
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Related Cases
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Jones v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep't of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Warner v. Dep’t of Health and Human Resources, Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health and Human Resources, Docket No. 96-HHR-501 (Sept. 30, 1997); Fraley v. Civil Serv. Comm'n, 177 W. Va. 729; 356 S.E.2d 483 (1987)
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Keywords
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Supplemental Pay; Classification; Hearsay
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 5/21/2020; Judge Webster; Civil Action No. 20-AA-54
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Supreme Court
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Synopsis
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Grievant Baker asserts that she as the Secretary for Transportation working out of the Bus Garage she is entitled to a Board pay supplement for “Bus Garage & Maintenance Personnel with 15+ years of experience.” Respondent argues that the supplement does not apply to Grievant’s position because her duties are clerical in nature and not specifically related to transportation or maintenance. In essence she is actually a secretary 3 in the central office and the fact that her workspace is conveniently located in the Bus Garage does not entitle her to the supplement. There are differing interpretations of the policy but for the reasons more fully set out herein the policy must be strictly construed in favor of the employee and Grievant is entitled to the pay supplement she requests.
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