Database Search Result Details
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First Name
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Robert
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Last Name
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DeLorenzo, Jr., et al.
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Decision Date
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6/13/2023
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Docket Number
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2023-0052-CONS
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ALJ
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JSF
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Respondent
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Marion County Board Education
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Employment Type
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Service
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Job Title
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Administrative Assistants
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Topics
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Supplemental pay
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Primary Issues
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Whether Respondent was obligated to pay Grievants supplement pay or that Respondent’s actions constituted discrimination
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018). W. VA. CODE § 6C-2-2(d).
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994). See Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996).” Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998). Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003).
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Keywords
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Discrimination, supplemental pay
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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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Grievants have been employed for less than five years as Administrative Assistants by Respondent, Marion County Board of Education. Respondent pays an extra $5,000 in supplemental “position pay” to Administrative Assistants who have been in the position in-house for at least five years. While Respondent does not pay the $5,000 to Grievants, it does pay the $5,000 to its four other Administrative Assistants with five years of in-house experience. Grievants claim this violates Code mandating uniformity in pay and constitutes discrimination. Grievants contend Respondent did not properly implement the $5,000 supplemental “position pay” and that, nine years ago, Respondent paid this supplement for one year to an Administrative Assistant who had been in the position only four years. Grievants did not prove that Respondent was obligated to pay them the $5,000 supplement or that Respondent’s actions constituted discrimination.
Accordingly, this grievance is DENIED.
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