Database Search Result Details
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First Name
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Joshua
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Last Name
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McCoy
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Decision Date
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5/11/2021
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Docket Number
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2020-0781-MAPS
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ALJ
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CHL
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Juvenile Services
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Employment Type
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STATE
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Job Title
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CO
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Topics
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Reallocation
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Primary Issues
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Whether Grievant has proved by a preponderance of the evidence that he is owed back pay from Respondent as a result of its failure to timely submit the requisite paperwork to DOP.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 156-1-1.5 & 6.20; W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-2(i)(1); W. Va. Code St. R. § 143-1-4.7 (2016); W. Va. Code St. R. § 143-1-21.1
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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; Pay Increase; Job Duties; Back Pay; Interest
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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. Grievant became eligible for a reallocation from the Correctional Officer I classification to the Correctional Officer II classification on June 26, 2018, and again on June 26, 2019, when he became eligible for reallocation to the Correctional Officer III classification, because his duties and responsibilities changed to those of the two higher classifications. Respondent failed to timely submit the requisite paperwork to DOP to officially reallocate Grievant’s positions to those higher classifications. Such resulted in Grievant being denied two pay increases to which he was entitled. It is undisputed that Grievant is entitled to back pay, with statutory interest, for the period of June 26, 2018, to January 1, 2021, due to the late reallocations. Accordingly, the grievance is granted.
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