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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Kerns
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Decision Date
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1/19/2021
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Docket Number
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2019-1356-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/William R. Sharpe, Jr. Hospital 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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Electrician
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Topics
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Pay Increase
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Primary Issues
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Whether Grievant proved that he is entitled to a salary increase or that Respondent’s decision not to seek an “Internal Equity” pay raise on his behalf was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 29-6-10
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Related Cases
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AFSCME v. Civil Serv. Comm'n., 181 W. Va. 8, 380 S.E.2d 43 (1989); Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); Thewes and Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Myers v. Div. of Highways, Docket No. 2008-1380-DOT (Mar. 12, 2009); Green v. Dep’t of Health & Human Res./Bureau for Children & Families and Div. of Pers., Docket No. 2011-1577-DHHR (Oct. 1, 2012); Harris v. Dep't of Transp., Docket No. 06-DOH-224 (Jan. 31, 2007)
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Keywords
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Pay Plan Policy; Internal Equity Pay Increase; Equal Work for Equal Pay; 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 has been employed by DHHR/Sharpe and is classified as an Electrician. Grievant seeks an “Internal Equity” pay increase and points to a pay disparity of more than 20% between himself and other State employees classified as Electricians. DHHR counters that it only requests an “Internal Equity” pay increase from DOP if there is at least a 20% pay disparity between DHHR positions with the same classification. Grievant did not prove a 20% pay disparity between any Electrician positions at DHHR. Accordingly, this grievance is DENIED.
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