Database Search Result Details
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First Name
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Elizabeth
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Last Name
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Cooper
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Decision Date
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9/30/2022
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Docket Number
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2022-0209-DOA
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ALJ
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BTC
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Respondent
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Department of Administration/ 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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Administrative Services Manager 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. § 143-1-3.72; W. Va. Code St. R. § 143-1-3.19; W. Va. Code R. § 143-1-4.5.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); W. Va. Dep't of Health & Human Res. v. Blankenship, 189 W. Va. 342, 348, 431 S.E.2d 681, 687 (1993); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); 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; Arbitrary and 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 Purchasing Division within its Program Services section in a position classified as an Administrative Services Manager 3. Grievant sought reallocation of the position she occupies to Administrative Services Manager 4 and protests the Division of Personnel’s determination that the position is properly classified as an Administrative Services Manager 3. Grievant failed to prove that the Division of Personnel’s interpretation of classification specification at issue is clearly erroneous. Grievant failed to prove that the Division of Personnel’s classification determination was arbitrary or capricious or that the Administrative Services Manager 4 classification is the best fit for the position she occupies. Accordingly, the grievance is denied.
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