Database Search Result Details
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First Name
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Sandra
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Last Name
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Jeffries, et al
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Decision Date
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3/7/2022
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Docket Number
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2019-1703-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital AND
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Employment Type
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STATE
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Job Title
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Recreation Specialists
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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W. Va. Code § 5-5-4a; W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 6C-2-2(i)(1)
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Related Cases
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W. Va. Dep't of Health & Human Res. v. E.H., 778 S.E.2d 643 (W. Va. 2015); Albright, et al., v. Dep’t of Health and Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2013-1413-CONS (June 17, 2014); DaSilva, et al. v. Dep’t of Health and Human Res./ William R. Sharpe, Jr. Hosp., Docket No. 2014-0733-CONS (July 25, 2014); Whitmore v. Dep’t of Health and Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2015-0858-DHHR (June 9, 2015); Workman, et al. v. Dep’t of Health and Human Res./Mildred Mitchell-Bateman Hosp., Docket No. 2015-0887-CONS (July 7, 2015)
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Keywords
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Motion to Dismiss; Pay Increase; Jurisdiction
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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 are employed by Respondent as Recreation Specialists at William R. Sharpe, Jr. Hospital. Grievants protest Respondent’s failure to provide the same pay raises to Grievants that are being given to employees in direct care positions. Differences in pay between direct care employees and other employees were created by a combination of legislative, judicial, and state personnel board action. West Virginia Code § 5-5-4a removed jurisdiction from the Grievance Board to hear any grievance arising from the implementation of the direct care employee pay rates. Therefore, Respondent’s motion to dismiss should be granted, and this grievance, dismissed.
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