Database Search Result Details
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First Name
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Zachary
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Last Name
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Robinson
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Decision Date
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2/8/2021
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Docket Number
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2018-0887-MAPS
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ALJ
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RLR
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Respondent
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Regional Jail and Correctional Facility Authority/Southwestern Regional Jail
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Reallocation
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Primary Issues
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Whether Grievant proved that, due to a change in his duties and responsibilities, his position should have been reallocated.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 143-1-3.72 (2016); W. Va. Code St. R. § 143-1-21.1; W. Va. Code St. R. § 156-1-1.5 & 6.20; W. Va. Code § 6C-2-1
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Related Cases
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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)
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Keywords
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Reallocation; Backpay; Job Duties; Responsibilities
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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 Respondent as a Correctional Officer II. Grievant became eligible for reallocation to Correctional Officer II on April 1, 2016, when his duties and responsibilities changed to those of that position. Respondent neglected to reallocate Grievant’s position to Correctional Officer II until June 10, 2017. It is undisputed that Grievant is entitled to back pay, with statutory interest, for the period of April 1, 2016, to June 9, 2017, due to the late reallocation. Accordingly, the grievance is granted.
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