details - Public Grievance Board

First Name	Katherine
Last Name	Fallon
Decision Date	5/16/2022
Docket Number	2021-2469-MAPS
ALJ	RLR
Respondent	Division of Corrections and Rehabilitation/Bureau of Prisons and Jails AND Division of Personnel
Employment Type	STATE
Job Title	Correctional Counselor II
Topics	Discretionary Pay Increase
Primary Issues	Whether Respondent acted erroneously or abused its discretion in choosing not to pursue Grievant’s request for a discretionary pay increase under the Internal Equity provision of the Pay Plan Policy.
Outcome	Denied
Statutes
Related Cases	Asbury v. Dep’t of Health & Human Res./Bureau for Children & Families and Div. of Pers., Docket No. 2011-1551-DHHR (May 17, 2013; Green v. Health & Human Res./Bureau for Children & Families and Div. of Pers., Docket No. 2011-1577-DHHR (Oct. 1, 2012); Harris v. Dep’t of Transportation, Docket No. 06-DOH-224 (Jan. 11, 2007); Journell, et al. v. Dep’t of Environmental Protection/Division of Mining and Reclamation, Docket No. 2008-0609-CONS (Dec. 22, 2008)
Keywords	Discretionary Pay Increase; Pay Plan Policy; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed the Division of Corrections and Rehabilitation in a position classified as a Correctional Counselor II. Grievant seeks a discretionary pay increase for Internal Equity under the Division of Personnel’s Pay Plan Policy. Eastern Regional Jail and Correctional Facility submitted a request for a discretionary pay increase for her to the Division of Corrections and Rehabilitation central office. At that time, the Division of Corrections and Rehabilitation management opted not to pursue such an increase considering existing fiscal constraints. Grievant failed to meet her burden of proof that Respondents misapplied or misinterpreted the Pay Plan Policy concerning Internal Equity or that they abused their discretion in not granting the salary increase. The grievance is denied.

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