Database Search Result Details
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First Name
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Nicholas
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Last Name
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Burton
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Decision Date
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2/16/2021
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Docket Number
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2020-1493-MAPS
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ALJ
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LRB
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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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Captain
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Topics
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Promotion; Backpay
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Primary Issues
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Whether Grievant is entitled to backpay.
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Outcome
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Granted
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Statutes
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W. Va. CSR § 143-1-5.5; 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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Beer v. Div. of Highways, Docket No. 95-DOH-161 (Feb. 27, 1996); Shremshock v. W. Va. Dept. of Trans., Docket No. 94-DOH-095 (Aug. 31, 1994)
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Keywords
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Promotion; Classification; Salary Compensation; Backpay
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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 was employed by Respondent as a Correctional Officer V. Grievant was selected for promotion through a competitive promotional process. Respondent inadvertently delayed promoting his position to Correctional Officer VI. Respondent admits that a mistake was made causing Grievant to work in the higher classification for a period without the commensurate salary increase. Respondent admits that Grievant is owed the additional compensation he would have received if he had been paid at the proper rate when she began working as a Correctional Officer VI. Accordingly, this grievance is GRANTED.
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