v.
Grievant, Barbara Simmons, is employed by the West Virginia Department of Health and
Human Resources (Department or Health) at Weston State Hospital where she is classified as a
Teacher II in the Therapeutic Programs Department. Ms. Simmons filed a level one grievance on
July 5, 1990, in which she asserted that she is misclassified in that she performs the duties of a
Teacher III. Becky Berlin, Director of Therapeutic Programs, denied the matter at level one due to
a lack of authorization to determine misclassifications, but supported the Grievant's request. Rein
Valdov, Hospital Administrator, denied the grievance at level two for the same reason and suggested
that the Grievant request that the West Virginia Division of Personnel (Personnel) perform a desk
audit of her duties. At level three Ruth Ann Panepinto, Commissioner of the Bureau of Community
Support, denied the grievance; a level four appeal was filed on October 9, 1990, and a hearing was
conducted on December 5, 1990. Proposed findings of fact and conclusions of law were submitted
by the Grievant on February 14 and by Health and Personnel on February 19, 1990, completing the
record for decision.
The relevant facts in this matter are as follows. On June 12, 1990, Personnel determined as
a result of a review of the Grievant's position that she was properly classified as a Teacher II. While
pursuing the matter through the grievance process she accepted the recommendation from the
hospital administrator that she request a second review, or desk audit, of Personnel. Lowell D.Basford, Assistant Director of Classification and Compensation, denied this request stating that the
procedure was unnecessary because the position description form sufficiently detailed the Grievant's
duties and responsibilities. Mr. Basford maintained that the “best fit classification” for the position
was Teacher II in that the incumbent “teaches at the full performance level with considerable latitude
for independent judgment,” whereas a Teacher III would “perform on an administrative level and
supervise the work of other teachers.” He concluded that the Grievant was not the administrator of
the therapeutic program and, per her immediate supervisor, did not supervise any employees. Ms.
Berlin, Director of Therapeutic Programs and the Grievant's immediate supervisor, advised Mr.
Basford by memorandum of August 7, 1990, that the information relating to the Grievant's
supervision of other employees had been misinterpreted and that she is required to directly supervise
employees and students. Mr. Basford responded on August 20, stating that the revised information
did not affect his determination that the Grievant's correct classification was Teacher II because she
supervises the work of Health Service Workers while a Teacher III supervises the work of other
teachers.
At the level four hearing the Grievant introduced the testimony of Ms. Berlin and presented
documentary evidence in support of her claim in addition to testifying on her own behalf. The
Grievant reiterated the duties which were listed on her position description which are generally
classified as teaching and administrative. In her role as an instructor the Grievant works with
individuals or groups referred by the unit treatment team using art as a therapy program. In addition
to directing clients' work in various media the Grievant maintains a display of their work and that
of others and arranges trips to museums and exhibits. She evaluates the needs of specific clients and
develops individualized programs when requested, reviews clients referrals, assigns clients to
appropriate classes and evaluates the program's effectiveness. Grievant's administrative dutiesinclude the supervision of a staff of four Health Service Workers to whom she assigns particular
areas of instruction and programming, the training of the staff to fulfill the assignments, and the
supervision of summer employees, volunteers and unit staff assigned to her department. She
conducts interviews, makes recommendations for hiring, maintains personnel records, initiates
disciplinary action, evaluates instructor performance and makes recommendations for promotion.
The Grievant secures resources, materials and supplies for her department, maintains inter-
departmental communications concerning client schedules, referrals, attendance, behavior, and
participation, coordinates class schedules and staff training, prepares reports, completes budgetary
requirements
(See footnote 1)
and develops and drafts Arts and Crafts Center policies.
Ms. Berlin confirmed the Grievant's duties as previously stated and emphasized that she, the
Grievant, was responsible for the day-to-day operation of the department which required a wide
degree of latitude and independent judgment. Ms. Berlin notes that her supervision of the Grievant
consisted primarily of the Grievant filing a monthly report during a supervisory session,
supplemented with one or two telephone calls per week and visitation of the Center bi-monthly. In
consideration of the duties and responsibilities which she is assigned, Ms. Berlin opined that the
Grievant would be more correctly classified as a Teacher III.
It is the position of Personnel and Health that the Grievant is correctly classified as a Teacher
II. In support of this conclusion Mr. Basford made the following analysis. First, the Grievant spendsa significant portion of her time functioning as a creative arts therapist. This individual is
responsible for planning, conducting, and evaluating music or art therapy sessions for individuals
or groups in developmental disability centers, hospitals or other institutions and is classified at
paygrade 12.
Mr. Basford's second conclusion was that Personnel Rules and Regulations, Section 5.04,
requires that
when determining the class to which any position shall be allocated, the
specifications for each class shall be considered as a whole. Consideration shall be
given to the general duties, specific tasks, responsibilities required, qualifications and
relationships to other classes as affording together a picture of the positions that the
class intended to include.
Applying this principle to the present matter he determined that Teacher III was a designation used
primarily for the position of principle in the education setting of correctional facilities where the
supervisory element would be responsibility for other professional teachers. Considering the
Grievant's work as a creative arts therapist and with great weight accorded the fact that the recreation
director, whom he characterized as bearing an equal level of administrative/supervisory
responsibilities as the Grievant, was assigned the same paygrade as a Teacher II, Mr. Basford arrived
at his decision. While Personnel's assertion regarding the equitable valuing of positions among
classifications is a valid concern, it does not directly control the present situation. The Grievant does
not argue that as a Teacher II she does not have duties comparable to the recreation director who is
compensated at the same paygrade. Instead she argues that the duties for which she is responsible
more closely fit the position description of Teacher III. A review of the record supports a finding
that the Grievant does function as a Teacher III as defined in the classification specification.
A comparison of the position descriptions for Teacher II and Teacher III establishes the
duties and responsibilities of these two classifications:
Nature of the Work: Under general supervision, an employee in this class teaches
at the full-performance level in the education area of assignment. With considerable
latitude for independent judgment, the incumbent utilizes professional expertise to
plan lessons and curriculum, instruct students, and evaluate their performance and
progress.
Examples of Work Performed: Instructs pupils through lectures, demonstrations, and
audiovisual aids. Prepares daily or weekly lesson plans.
Assigns lessons and laboratory exercises.
May conduct job tryouts to determine the student's potential for success in the field.
Administers test to evaluate student progress; interprets results and issues progress
reports to counselors, other staff, and parents.
Maintains necessary reporting system for unit.
Participates in student evaluation and student staffing as assigned.
Participates in faculty and professional meetings, education conferences, and teacher
training workshops.
Provides individual attention and assistance as required to meet the varied needs and
abilities of the learners to insure that all benefit from the instruction.
May prepare individualized education programs for visually or hearing impaired
students.
Performs related work as required.
Nature of Work: Under general administrative direction, an employee in this class
performs highly responsible teaching work in the educational areas of assignment.
Incumbent may supervise the work of other teachers. With wide latitude for
independent judgment, the incumbent utilizes professional expertise to plan lessons
and curriculum, instruct students, and evaluate their performance and progress.
Examples of Work Performed: Instructs pupils through lectures, demonstrations, and
audiovisual aids.
Prepares daily or weekly lesson plans.
Assigns lessons and laboratory exercises.
May conduct job tryouts to determine the student's potential for success in the field.
Administers test to evaluate student progress; interprets results and issues progress
reports to counselors, other staff, and parents.
Maintains necessary reporting system for unit.
Participates in student evaluation and student staffing as assigned.
Participates in faculty and professional meetings, education conferences, and teacher
training workshops.
Provides individual attention and assistance as required to meet the varied needs and
abilities of the learners to insure that all benefit from the instructions.
May prepare individualized education programs for visually or hearing impaired
students.
Performs related work as required, some of which may involve some of which may
involve administrative and supervisory responsibilities in connection with the
operation of the teaching unit.
The Grievance Board has held that the nature of work portion of the position description is
the most important component of the classification specification. Fuller v. Cabell-Huntington Health
Dept. and W.Va. Division of Personnel, Docket No. 90-H-169 (Nov. 29, 1990); Beverage v. W.Va.
Dept. of Human Services, Docket No. 90-DHS-150 (Oct. 26, 1990); Hickman v. W.Va. Dept. of
Health, Docket No. 90-H-386 (Dec. 19, 1989); Dollison v. W.Va. Dept. of Employment Security,
Docket No. 90-ES-101 (Nov. 3, 1989). The Grievant's supervision of employees who function as
instructors, her responsibilities for all areas of personnel relations including hiring, discipline,
training, etc., her development of policy and budgetary responsibilities are all more accurately the
duties of a Teacher III. Personnel's efforts to belittle the Grievant's work by characterizing her dutiesto be those of a therapist or a clerk are inaccurate as evidenced by their own classification of the
position as a Teacher II and are not well received.
In addition to the foregoing narration it is appropriate to make the following findings of fact
and conclusions of law.
Accordingly, the grievance is GRANTED. The Department and Personnel are hereby
ORDERED to reclassify the Grievant as a Teacher 111. Because the Grievant did not indicate how
long she has been working out of classification, backpay and benefits shall be granted effective ten
working days prior to July 5, 1990.
Either party or the West Virginia Division of Personnel may appeal this decision to the
Circuit Court of Lewis County and such appeal must be filed within thirty {30) days of receipt of
this decision. (W.Va. Code §29-6A-7) Neither the West Virginia Education and State Employees
Grievance Board nor any of its Hearing Examiners is a party to such appeal, and should not be so
named. Please advise this office of any intent to appeal so that the record can be prepared and
transmitted to the appropriate Court.
DATED March 28, 1991 _________________________________
SUE KELLER
SENIOR HEARING EXAMINER