Database Search Result Details
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First Name
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Amanda
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Last Name
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Queen
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Decision Date
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12/8/2020
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Docket Number
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2020-0460-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/Bureau for Children and Families 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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ASA 3
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Topics
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Classification
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Primary Issues
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Whether DOP acted in an arbitrary and capricious manner in determining Grievant’s classification.
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Outcome
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Denied
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Statutes
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W. Va. Code R. § 143-1-4.5; W. Va. Code R. § 143-1-4
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Related Cases
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Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Dollison v. W. Va. Dep't of Employment Security, Docket No. 89-ES-101 (Nov. 3, 1989); Hatfield v. Mingo County Bd. of Educ., Docket No. 91-29-077 (April 15, 1996); Adkins v. Workforce W. Va. and Div. of Pers., Docket No. 2009-1457-DOC (Oct. 13, 2009); W. Va. Dept. of Health v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681, 687 (1993); Moore v. W. Va. Dep’t of Health & Human Resources, Docket No. 94-HHR-126 (Aug. 26, 1994)
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Keywords
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Classification; Reallocation; Work Assignments; Class Series; Arbitrary and Capricious
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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 employed by DHHR/BCF in a position classified as HR Associate. Grievant and DHHR/BCF contend that DOP should have classified Grievant’s position as HR Generalist 2 based on her complex work assignments. In support thereof, they presented evidence that some of Grievant’s work matches examples of work listed in the class specifications for HR Generalist 2. Grievant nevertheless failed to prove that DOP acted in an arbitrary and capricious manner in determining that the permanent predominant duties of Grievant’s position were regular and routine, and lacking the complexity and type of work necessary to warrant reallocation to an HR Generalist 2. Accordingly, this grievance is DENIED.
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