details - Public Grievance Board

First Name	Desmond
Last Name	Onukwugha
Decision Date	7/14/2022
Docket Number	2022-0089-DHHR
ALJ	BTC
Respondent	Department of Health and Human Resources/Bureau for Children and Families AND Division of Personnel
Employment Type	STATE
Job Title	Child Protective Services Worker
Topics	Salary Increase; Back Pay
Primary Issues	Whether Grievant proved he is entitled to back pay.
Outcome	Granted/Denied
Statutes	W. Va. Code § 29-6-5(b); W. Va. Code St. R. § 143-1-4.7; W. Va. Code § 29-6-10
Related Cases	Reeves v. Wood County Bd. of Educ., Docket No. 91-54-337 (Dec. 30, 1991); Cunningham v. County Court of Wood County, 148 W.Va. 303, 310, 134 S.E.2d 725, 729 (1964); Freeman v. Poling, 175 W. Va. 814, 819, 338 S.E.2d 415, 421 (1985); Olson v. Bd. of Trustees/Marshall Univ., Docket No. 99-BOT-513 (Apr. 5, 2000); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-030R (Nov. 20, 2002)
Keywords	Salary Increase; Reallocation; Back Pay
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant is currently employed by Respondent as a Child Protective Services Worker. Grievant was initially employed as a Child Protective Services Worker Trainee. Grievant asserts Respondent failed to timely process his salary increase when his position was reallocated from Child Protective Services Worker Trainee to Child Protective Services Worker. Grievant asserts he is entitled to back pay from April 13, 2021, through July 31, 2021. Grievant proved that Respondent Department of Health and Human Resources failed to timely submit the initial request for reallocation to Respondent Division of Personnel, which entiltes him to back pay from April 13, 2021, through June 30, 2021. However, Grievant failed to prove he is entitled to back pay for the month of July 2021. Accordingly, the grievance is granted, in part, and denied, in part.

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