| First Name | Shala |
| Last Name | Starcher |
| Decision Date | 11/3/2025 |
| Docket Number | 2023-0721-DHHR |
| ALJ | RLR |
| Respondent | Department of Health and Human Resources/ William R. Sharpe Jr. Hospital, and Division of Personnel |
| Employment Type | STATE |
| Job Title | Procurement Specialist |
| Topics | Job duties, classification |
| Primary Issues | Whether G can demonstrate by a preponderance of the evidence that she is entitled to an award of backwages for the fourty-three-day delay in processing her realocation. Whether G can prove by a preponderance of the evidence that the delay by Respondent, William R. Sharpe, Jr. Hospital, in processing her reallocation, was unreasonable and a violation of applicable policy. |
| Outcome | Granted, in part, and Denied, in part. |
| Statutes | West Virginia Code § 29-6-10, West Virginia Code § 51-11-4(b)(4), West Virginia Code § 6C-2-5(b), West Virginia Code § 29A-5-4(b). |
| Related Cases | Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Prue v. Div. of Corrections and Div. of Personnel, Docket No. 2017-1400-MAPS (Nov. 3, 2017); Cutright v. Dep’t of Health & Human Res. and Div. of Personnel, Docket No. 2017-2167-DHHR (March 9, 2019). |
| Keywords | Qualifications, back wages, reallocation, Position Description Form, classification and compensation; |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant is currently employed in a position classified as a Procurement Specialist within the Office of Shared Administration’s classification and compensation plan. Previously, the position was reallocated from an Office Assistant II to a Procurement Associate within the Division of Personnel’s classification and compensation plan, after the Division of Personnel reviewed a Position Description Form for the position and made a classification determination that necessitated a reallocation. The Division of Personnel policy, approved by the West Virginia State Personnel Board, sets out the payment of back wages in reallocation such as in the instant case. Grievant seeks back wages for a period of three-hundred ninety days. The Division of Personnel determined that Grievant is only legally entitled to back wages for a total of forty-three days. The record of this case established by a preponderance that Grievant is entitled to back wages due to the unreasonable delay in the reallocation process at the agency level. This grievance is granted, in part, and denied, in part. |