Database Search Result Details
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First Name
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Tara
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Last Name
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Rice, et al
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Decision Date
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9/22/2021
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Docket Number
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2019-1861-CONS
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Mental Health Therapist
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Topics
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Pay Raise
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Primary Issues
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Whether Grievants proved that Respondent lacked discretion to decide against additional pay increments.
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Outcome
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Denied
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Statutes
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Related Cases
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Skiles v. DHHR, Docket No. 2-HHR-111 (Apr. 8, 2003); Pioneer Pipe Inc. v. Swain, 237 W. Va. 722, 791 S.E.2d 168 (2016); McComas v. Public Service Commission, Docket No. 2012-0240-PSC (Apr. 24, 2013); Dillon v. Bd. of Educ., 177 W.Va. 145, 51 S E.2d 58 (1986); Lindsey Gregory et al. v. Division of Juvenile Services, Docket No. 2018-0179-CONS (February 12, 2018)
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Keywords
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Pay Raise; Paygrade; Pay Plan Policy; Classification; 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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Grievants were promoted to Mental Health Therapist positions at Sharpe Hospital, jumping five paygrades in the process. Grievants received the mandated 22 percent pay raise and are properly compensated within their paygrade. Nevertheless, Grievants seek an additional discretionary raise under the Division of Personnel Pay Plan Policy because their qualifications exceed the required minimum. Respondent cites budgetary restraints and risk of internal salary inequity in rejecting the additional raise. Grievants did not prove that this denial was arbitrary and capricious. Accordingly, the grievance is DENIED.
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