Database Search Result Details
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First Name
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Jeffery
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Last Name
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Swisher
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Decision Date
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4/12/2023
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Docket Number
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2022-0270-DOA
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ALJ
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JSF
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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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Trades Specialist
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Topics
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Pay Increase
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that he was entitled to an Internal Equity pay raise.
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Outcome
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Denied
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Statutes
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West Virginia Code § 29-6-10
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Related Cases
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Green v. Dep’t of Health & Human Res./Bureau for Children & Families and Div. of Pers., Docket No. 2011-1577-DHHR (Oct. 1, 2012); Harris v. Dep't of Transp., Docket No. 06-DOH-224 (Jan. 31, 2007); McComas v. Public Service Commission, Docket No. 2012-0240-PSC (Apr. 24, 2013); Journell, et al. v. Dep't of Environmental Protection/Division of Mining and Reclamation, Docket No. 2008-0609-CONS (Dec. 22, 2008)
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Keywords
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Internal Equity; Discretionary Pay Increase; Pay Differential; Pay Grade; Classification; Equal Work for Equal Pay; Arbitrary and Capricious; Policy
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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 has been employed by the General Services Division (GSD) as a Trade Specialist. GSD submitted to the Division of Personnel (DOP) a request for a discretionary Internal Equity raise on behalf of Grievant. DOP denied the requested raise. Grievant grieved the denial. He contends there is a 25% pay differential between him and another Trade Specialist and that DOP erred in failing to attribute him experience it credited the coworker. Meanwhile, GSD obtained for Grievant a 10% Merit raise from the Governor. Grievant did not prove he was entitled to a discretionary Internal Equity raise or that DOP acted unlawfully or unreasonably. Accordingly, this grievance is DENIED.
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