Database Search Result Details

First Name Kenneth
Last Name Terry
Decision Date 7/24/2026
Docket Number 2026-0015-DoHS
ALJ KDB
Respondent DEPARTMENT OF HUMAN SERVICES/BUREAU FOR SOCIAL SERVICES
Employment Type STATE
Job Title Youth Services Supervisor (“YSS”)
Topics Salary Increase
Primary Issues Whether Grievant can prove by a preponderance of the evidence that he is entitled to a pay increase, or that Respondent violated any law, rule, or policy or acted in an arbitrary and capricious manner failing to grant the same?
Outcome DENIED
Statutes W. Va. Code St. R. § 156-1-3
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); Dyer v. Lincoln County Bd. of Educ., Docket No. 95-22-494; Harris v. Dept. of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Fallon v. Div. of Corr. and Rehab., Docket No. 2021-2469-MAPS (May 16, 2022; Lucas v. Dep’t Health and Human Res., Docket No. 07-HHR-141 (May 14, 2008). See also Morgan v. Dep't Health and Human Res., Docket No. 07-HHR-131 (June 5, 2008); [Mihaliak] v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998).” Compton v. Div. of Juvenile Serv., Docket No. 2018-0756-MAPS (October 24, 2018) (citing Moore v. Dep’t of Envtl. Prot., Docket No. 2014-0046-DEP (May 9, 2014)). Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989; State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)). 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)l , In re Queen, 196 W.Va. 442, 473 S.E.2d 483 (1996).’” Syl. Pt. 1, Adkins v. W. Va. Dep’t of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Trimboli v. Dep’t of Health and Human Res., supra; 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);
Keywords competitive pay schedules, salary increase, biannual retention, OSA system, compression raises, budgetary constraints, OSA Compensation Administration Policy, “arbitrary and capricious”, “clearly wrong”
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed as a Youth Services Supervisor (“YSS”) by Respondent. Grievant protests Respondent’s decision not to provide the salary increases for pay compression used to entice Grievant’s switch to Office of Shared Administration. Respondent asserts the pay increases that Grievant seeks are simply discretionary and are not required. Grievant has failed to prove by a preponderance of the evidence that he is entitled to a pay increase, or that Respondent has violated any law, rule, or policy or acted in an arbitrary and capricious manner by failing to grant the same. Accordingly, this grievance is DENIED.

Back to Results Search Again