| First Name | Amy |
| Last Name | Hymes |
| Decision Date | 1/3/2024 |
| Docket Number | 2022-0617-DHHR |
| ALJ | JSF |
| Respondent | Dept. of Health and Human Resources/Bureau for Children and Families; Division of Personnel |
| Employment Type | STATE |
| Job Title | Deputy Commissioner |
| Topics | Compensation |
| Primary Issues | Whether Grievant was entitled to a pay raise after a reorganizational transfer. |
| Outcome | Denied |
| Statutes | W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE § 29-6-10 |
| Related Cases | 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); AFSCME v. Civil Serv. Comm'n., 181 W. Va. 8, 380 S.E.2d 43 (1989); Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); Thewes and Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Myers v. Div. of Highways, Docket No. 2008-1380-DOT (Mar. 12, 2009); 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); Dillon v. Bd. of Educ., 177 W.Va. 145, 51 S E.2d 58 (1986); Christian v. Logan County Bd. of Educ., Docket No. 94-23-173 (Mar. 31, 1995); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Butler v. Dep’t of Health & Human Res., Docket No. 2014-0539-DHHR (Mar. 16, 2015) |
| Keywords | Pay equity; Transfer |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by DHHR as a Deputy Commissioner when she transferred to another Deputy Commissioner position with different duties. Grievant requested a pay raise after learning that new Deputy Commissioners made more than her. DHHR treated this as a request for an internal equity pay raise and denied it, citing Grievant’s lack of the requisite 20% pay disparity with a comparable employee in the position for one year. Grievant argues that she had a right to a raise due to an increase in her duties even though properly paid within her paygrade. She contends that DHHR was obligated to give her a raise as promised and should have kept her informed of her status on criteria for a discretionary pay raise. Grievant did not prove she was entitled to a pay raise or that DHHR acted unreasonably. Accordingly, this grievance is DENIED. |