Database Search Result Details

First Name James
Last Name Prince
Decision Date 3/2/2021
Docket Number 2020-0552-MAPS
ALJ BTC
Respondent Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
Employment Type STATE
Job Title Building Maintenance Supervisor
Topics Job Duties
Primary Issues Whether Grievant proved he is entitled to the removal of the additional duties Respondent has assigned.
Outcome Denied
Statutes W. Va. Code St. R. § 143-1-4.3a
Related Cases Crowder, et al. v. Div. of Corrections, Docket No. 2018-0417-CONS (Oct. 4, 2018), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 18-AA-251 (Apr. 3, 2019); Rexrode, et al. v. Div. of Corrections, Docket No. 2018-0800-CONS ( Oct. 12, 2018); Korntop, et al. v. Div. of Corrections, Docket No. 01-CORR-390 (Oct. 17, 2001); Hager v. Health & Human Res., Docket No. 95-HHR-241 (Sept. 29, 1995); Reed v. W. Va. Div. of Corrections , Docket No. 97-CORR-127 (May 22, 1998); Clifford v. Div. of Corrections, Docket No. 02-CORR-124 (Aug. 29, 2002)
Keywords Job Assignments; Additional Duties; Classification
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a Building Maintenance Supervisor 1. Grievant protests Respondent’s mandatory assignment of additional duties not within Grievant’s classification. Grievant has failed to prove he is entitled to the removal of the additional duties Respondent has assigned. Respondent is permitted to assign some duties that are not within an employee’s classification. Grievant is not entitled to the removal of the duties as the duties are not his predominant duties and he is paid at a higher rate than the classification of the additional duties. Accordingly, the grievance is denied.

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