Database Search Result Details
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First Name
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Emily
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Last Name
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Melrose
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Decision Date
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8/15/2022
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Docket Number
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2021-2043-MAPS
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ALJ
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BTC
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Juvenile Services AND Division of Personnel
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Employment Type
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STATE
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Job Title
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Supervisor 3
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Topics
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Classification
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Primary Issues
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Whether Grievant proved that the Division of Personnel’s classification determination was arbitrary or capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-4.4(b)
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Related Cases
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Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Pers., Docket No. 99-T&R-118 (Aug 30, 1999), aff’d Kan. Co. Cir. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); State ex rel. Eads v. Duncil, 196 W. Va. 604 at 614, 474 S.E.2d 534 at 544 (1996); Simmons v. W. Va. Dep’t of Health and Human Res./Div. of Personnel, Docket No. 90-H-433 (Mar. 28, 1991); Propst v. Dep’t of Health and Human Resources and Div. of Personnel, Docket No. 93-HHR-351 (Dec. 3, 1993); Dollison v. W. Va. Dep't of Empl. Security, Docket No. 89-ES-101 (Nov. 3, 1989)
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Keywords
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Classification; Reallocation; Job Duties; Supervisory Work; Arbitrary or 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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Grievant is employed by Respondent within the Bureau of Juvenile Services at Lorrie Yeager Jr. Juvenile Center as a Supervisor 3. As part of a general review, the Division of Personnel reviewed the position Grievant occupies and determined it should be reallocated to an Administrative Services Assistant 2. Grievant asserts the position should remain classified as a Supervisor 3. Grievant failed to prove the best fit for the position she occupies is a Supervisor 3. Accordingly, the grievance is denied.
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