Database Search Result Details

First Name Marshall
Last Name Tincher, Sr., et al.
Decision Date 4/2/2020
Docket Number 2019-0881-CONS
ALJ CHL
Respondent Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
Employment Type STATE
Job Title Correctional Officer 1
Topics Pay Raise
Primary Issues Whether Grievants proved that they were entitled to receive a special hiring rate and a 5% across-the-board raise granted to state employees on July 1, 2018.
Outcome Denied
Statutes W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE ST. R. § 143-1-3.65. (2016); W. VA. CODE ST. R. § 143-1-3.85 (2016); W. VA. CODE ST. R. § 143-1-9.4 (2016); W. VA. CODE ST. R. § 143-1-10 (2016); W. VA. CODE § 23-4-1; W. VA. CODE § 6C-2-2(d)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); 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); Cunningham v. County Court of Wood County, 148 W.Va. 303, 310, 134 S.E.2d 725, 729 (1964); West Virginia. Pub. Employees Ins. Bd. v. Blue Cross Hosp. Serv. Inc., 174 W. Va. 605, 328 S.E.2d 356 (1985); Freeman v. Poling, 175 W. Va. 814, 819, 338 S.E.2d 415, 421 (1985); Carducci v. Regan, 714 F.2d 171, 177 (D.C. Cir. 1983); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); In re Queen, 196 W.Va. 442, 473 S.E.2d 483 (1996); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003)
Keywords Across-the-Board; Pay Raise; Probationary; Temporary; Discrimination; Favoritism; Appointment; Offer; Permanent; Full-Time
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievants are both employed by Respondent as Correctional Officer 1s. Grievants were hired as temporary employees and began working for Respondent on July 9, 2018. Grievants did not receive the across-the-board pay raise granted to state employees effective July 1, 2018. Grievants argue that they were improperly denied the same and claims discrimination and favoritism. Respondent denies Grievants’ claims and argues that only regular, full-time employees who were employed prior to July 1, 2018, were eligible for the raise. Grievants failed to prove their claims by a preponderance of the evidence. Therefore, this grievance is DENIED.

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