Database Search Result Details
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First Name
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PATSY
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Last Name
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JULIUS
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Decision Date
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11/15/1989
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Docket Number
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89-DOE-210
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ALJ
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DC
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Respondent
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DEPARTMENT OF EDUCATION AND DIVISION OF FINANCE AND ADMINISTRATION
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Employment Type
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DOE
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Job Title
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REG. CH. COORDINATOR
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Topics
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ANNUAL INCREMENT
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Primary Issues
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Outcome
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DENIED
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Statutes
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5-5-2;18A-4-18
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Related Cases
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 12/18/89, Civil Action #89-AA-233; Reversed w/interest 12/18/89, Judge MacQueen
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Supreme Court
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Synopsis
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Grievant claims entitlement to W.Va. Code 5-5-2 (1985) salary increment for state employees. Respondents defend that his salary is set by 'statute or statutory schedule' per Code 18A-4-18 (1988) and he is thus excepted from 5-5-2 coverage under Code 5-5-1. Grievant claims 18A-4-18 only sets the means of his compensation and does not set his salary. Apparently, before 18A-4-18 came into effect, Grievant was paid the increment, and since its effectiveness, has still received it, but in a lump sum at the end of the fiscal year, with the amount of the increment being deducted proportionally from each biweekly paycheck. It is assumed that only after the filing of this grievance have Respondents taken the position that Grievant is not entitled to the increment at all. DECISION: DENIED. Grievant's salary is set by 'statute or statutory scale' because of 18A-4-18 and he is unentitled to the 5-5-2 money per 5-5-1. However, Grievant has been deprived of the use, through the year, of the increment for some time because of the paycheck deductions. Respondents are ordered to compensate Grievant for his loss in this regard, and to forthwith recompute his biweekly wages.
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