details - Public Grievance Board

First Name	Holly
Last Name	Sims
Decision Date	2/23/2022
Docket Number	2020-1037-DHHR
ALJ	RLR
Respondent	Department of Health and Human Resources/Bureau for Children and Families AND Division of Personnel
Employment Type	STATE
Job Title	CPS Worker
Topics	Reallocation
Primary Issues	Whether Grievant demonstrated that the delay by Respondent in processing her reallocation was unreasonable and a violation of the applicable policy.
Outcome	Granted/Denied
Statutes	W. Va. Code § 29-6-10
Related Cases	Pure v. Div. of Corrections and Div. of Personnel, Docket No. 2017-1400-MAPS (Nov. 3, 2017); Cutright v. Dep’t of Health and Human Resources and Div. of Personnel, Docket No. 2017-2167-DHHR (March 9, 2019)
Keywords	Position Description Form; Reallocation; Classification; Back Pay
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is employed by the Department of Health and Human Resources in a position classified as a Child Protective Service Worker. The position was reallocated from a Child Protective Service Worker Trainee to a Child Protective Service Worker after the Division of Personnel received a Position Description Form for the position. The Division of Personnel made a classification determination that resulted in reallocation after the Grievant completed a one-year training in September of 2019. The Division of Personnel reviews and makes a classification determination on a Position Description Form. The Division of Personnel policy applicable to the case sets out the payment of back pay in reallocations. Grievant failed to prove her claim of back pay to September 2019. The record did establish by a preponderance of the evidence that Grievant was entitled to back pay due to the delay of the Department of Health and Human Resources to timely process the reallocation after receiving the determination from the Division of Personnel. This grievance is granted, in part, and denied, in part.

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