Database Search Result Details
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First Name
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Timothy
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Last Name
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Abner, et al.
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Decision Date
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11/6/2020
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Docket Number
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2019-0812-CONS
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ALJ
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JSF
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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Correctional Officers
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Topics
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Leave
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Primary Issues
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Whether Grievants proved that Executive Order 11-17 allowed them the ability to carryover excess leave into 2019.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-14.3.a. (2016); W. Va. Code § 6C-2-1
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Related Cases
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Boyles v. Bureau of Employment Programs/Workers' Compensation Div., Docket No. 98-BEP-027 (July 15, 1998); Wilson v. W. Va. Dep't of Tax & Revenue, Docket No. 93-T&R-061 (Nov. 30, 1993); Monongahela Power Co. v. Chief, Office of Water Res., Div. of Envtl. Prot., 211 W.Va. 619, 567 S.E.2d 629, 637 (2002)
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Keywords
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State of Emergency; Annual Leave; Executive Order; Excess Leave
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Intermediate Court of Appeals
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Circuit Court
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Grievants appealed to Kanawha County Circuit Court 12/4/2020; Judge Bloom, Civil Action No. 20-AA-82
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Supreme Court
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Synopsis
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Grievants were employed as Correctional Officers by Respondent, the Division of Corrections and Rehabilitation, at all relevant times. Due to staffing deficiencies, the Governor issued two executive orders declaring a state of emergency in December 2017. One allowed Respondent to force Correctional Officers to work extra hours. The second suspended the Division of Personnel’s Administrative Rule by allowing Correctional Officers unable to utilize accrued annual leave by the end of 2017 to carry it forward through the end of 2018. Due to continued staffing shortages in 2018, Grievants were unable to utilize some accrued annual leave and were prohibited from carrying beyond 2018 the leave exceeding the carryover limits under the Administrative Rule. Grievants contend they should be allowed to carryover the excess because the state of emergency was never terminated and the Administrative Rule is unconstitutional. While the undersigned lacks authority to invalidate the Administrative Rule, it does have the authority to determine whether it remains suspended through an executive order. Grievants failed to prove that the Administrative Rule remains suspended beyond 2018. Accordingly, this grievance is DENIED.
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