Database Search Result Details
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First Name
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Chester
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Last Name
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Sprankle
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Decision Date
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12/8/2020
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Docket Number
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2019-1442-CONS
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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/Bureau for Children and Families AND
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Employment Type
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STATE
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Job Title
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Child Protective Services Worker
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Topics
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Pay Increase/Posting
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Primary Issues
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Whether Grievant proved that Respondent violated any law, rule, or policy in only posting the job vacancy online or in failing to provide him with a 10% salary increase.
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Outcome
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Denied
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Statutes
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W. Va. Code § 29-6-24(a); W. Va. Code of St. R. 143-9.5; W. Va. Code § 29-6-10(13)
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Related Cases
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State ex rel. Roy Allen S. v. Stone, 196 W.Va. 624, 630, 474 S.E.2d 554,560 (1996); Security National Bank & Trust Company v. First W. Va. Bancorp, Inc., 166 W.Va. 775, 277 S.E.2d 613 (W. Va. 1981); Smith v. Bd. of Educ., Syl. Pt. 3, 176 W. Va. 65, 66, 341 S.E.2d 685, 686 (1985); 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)
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Keywords
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Pay Increase; Policy; Job Posting
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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 is a Child Protective Services (CPS) Worker assigned to the CPS Crisis Team. Members of the team are sent to various areas of the state to assist with backlogs in CPS investigations. Grievant’s office is in Berkeley County DHHR. Standard Operating Procedure (SOP) allows for a 10% salary increase for CPS staff in areas experiencing a CPS staffing crisis. Grievant contends he should receive the increase because Berkeley County is experiencing a staffing shortage of CPS workers. Respondent considers Charleston to be the home office for Crisis Team members but allows them to work in a DHHR facility close to home. In a separate grievance, Grievant claims he missed out on applying for a CPS Supervisor position when Respondent posted the vacancy online rather than in the building as required by State code. The Division of Personnel’s Administrative Rule treats online postings as complying with code. Grievant did not prove that Respondent violated any law, rule, or policy in only posting the job vacancy online or in failing to provide him with a 10% salary increase. Accordingly, this grievance is DENIED.
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