Database Search Result Details
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First Name
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Rebecca
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Last Name
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Jennings, et al.
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Decision Date
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5/13/2021
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Docket Number
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2019-0402-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Pay Increase
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Primary Issues
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Whether Grievants proved that Respondent’s decision to seek an incentive increase for only CPS Employees and Trainees 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 St. R. § 156-1-6.11; W. Va. Code § 6C 2 2 (d)
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Related Cases
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Crowder et al. V. Div. of Corr., Docket No. 2018-0417-CONS (Oct. 4, 2018); Gregory v. Div. of Juvenile Ser., supra. Prince v. Reg. Jails and Corr. Facilities Auth., Docket No. 2018-0583-MAPS (Sept. 18, 2018); 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); McComas v. Public Service Commission, Docket No. 2012-0240-PSC (Apr. 24, 2013); Martin et al. v. Reg. Jails and Corr. Facilities Auth., Docket No. 2018-1483-CONS (Oct. 2, 2019)
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Keywords
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Classification; Pay Increase; Job Duties; Education; 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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Respondent sought and received permission to grant an increase in pay for CPS Workers and CPS Trainees to attract and retain employees in those classifications. Grievants are employed in other classifications which require them to have similar education and perform a lot of the same duties as CPS Workers and Trainees with at-risk adults rather than children. They also note that there are shortages of staff in their classifications as well. Grievants argue that they are being subject to discrimination because they are not getting the incentive pay and they are similarly situated to CPS Workers and Trainees. Respondent provided sufficient justification for making the discretionary decision to limit the incentive increases to CPS Workers and Trainers.
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