Database Search Result Details
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First Name
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Randall
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Last Name
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Hazlewood
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Decision Date
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3/3/2023
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Docket Number
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2022-0667-CONS
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ALJ
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BTC
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Respondent
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General Services Division/ 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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Facilities/Equipment Maintenance Technician
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Topics
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Discretionary Pay Increase
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Primary Issues
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Whether Grievant proved he was entitled to a discretionary increase or that Respondents’ actions were arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Harris v. Dept. of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Fallon v. Div. of Corr. And Rehab., Docket No. 2021-2469-MAPS (May 16, 2022); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Resources, Docket No. 95-HHR-144 (Mar. 20, 1996)
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Keywords
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Discretionary Pay Increase; Pay Plan Policy; Internal Equity; 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 General Services Division as a Facilities/Equipment Maintenance Technician. Grievant grieves General Services Division’s initial failure to seek a discretionary pay increase for Grievant for salary inequity when it did so for other employees. Grievant further grieves the Division of Personnel’s later denial of a discretionary pay increase when Respondent General Services Division sought the same for Grievant. Grievant failed to prove he was entitled to a discretionary increase or that Respondents’ actions were arbitrary and capricious. Accordingly, the grievance is denied.
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