WANDA BROWNING
v. DOCKET NO. 94-MBOD-985
BOARD OF DIRECTORS,
SOUTHERN WEST VIRGINIA COMMUNITY COLLEGE
D E C I S I O N
Grievant Wanda Browning alleges she was misclassified
effective January 1, 1994, in the "Mercer reclassification"
(See footnote 1)
.
Grievant seeks either to be classified as a Library Associate, Pay
Grade 14, or a Pay Grade 13 or 14 for her Job Title of Library
Technical Assistant II, effective January 1, 1994, and backpay to
January 1, 1994. Grievant challenges the degree levels received in
several point factors. A Level IV hearing was held on February 26,
1996. This matter became mature for decision on April 22, 1996,
with receipt of Respondent's fact/law proposals.
(See footnote 2)
The following Findings of Fact are properly made from the
record developed at Level IV.
Findings of Fact
1. Grievant is employed in the Library on the Logan Campus
at Southern West Virginia Community College ("SWVCC").
2. In 1991, all higher education classified employees were
asked to complete a Position Information Questionnaire ("PIQ")
prior to the reclassification. Employees were to describe their
job duties and responsibilities and the job requirements on the
PIQ, by answering a series of questions designed to elicit this
information. Grievant filled out a PIQ in 1991.
3. Grievant was classified in the Mercer reclassification as
a Library Technical Assistant II, Pay Grade 12, effective January
1, 1994.
4. Grievant's primary job duties prior to January 1, 1994,
were cataloging and inter-library loans. She was also "cross-
trained" in circulation, processing books, and administration, and
filled in for other employees in their absence. She performed some
secretarial duties for her supervisor, taught students how to use
the library in library orientation classes, including how to do
searches, familiarizing them with research tools and explaining the
card catalog, performed computer searches for students,
participated in taking inventory of library resources, and called
vendors for quotes.
5. Library Technical Assistant II's provide paraprofessional
library assistance to professional librarians. Their
responsibilities may be concentrated in one particular area, such
as cataloging or inter-library loans. Among other things, theyprovide general assistance to patrons in the use of library
facilities, create original cataloging using computerized systems,
re-catalog materials from Dewey Decimal to Library of Congress
classification systems, perform inter-library loan searches and
contact patrons on the status of these searches, provide
circulation services, perform bibliographic searches using
computerized systems, and perform secretarial duties. Joint
Exhibit 1.
6. Library Associates supervise a particular area, or areas,
of the library, and the persons employed in that area. They
implement procedures, oversee operation of the area, provide basic
reference service for the area, assist in maintaining up-to-date
procedures and information manuals, are responsible for library
equipment, recommend and administer the budget for their area,
evaluate inventory and request supplies as needed, prepare annual
reports, instruct patrons, and may perform other duties. Joint
Exhibit 2, and Testimony of Patricia Hank.
7. The Library Technical Assistant II Job Title received
1693 total points from the following degree levels in each of the
thirteen point factors
(See footnote 3)
: in 5.0 Knowledge; 3.0 in Experience; 2.5
in Complexity and Problem Solving; 2.0 in Freedom of Action; 1.0 in
Scope and Effect, Impact of Actions; 2.0 in Scope and Effect,
Nature of Actions; 1.0 in Breadth of Responsibility; 1.0 in
Intrasystems Contacts, Nature of Contact; 2.0 in IntrasystemsContacts, Level; 1.0 in External Contacts, Nature of Contact; 3.0
in External Contacts, Level; 2.0 in Direct Supervision Exercised,
Number; 3.0 in Direct Supervision Exercised, Level; 1.0 in Indirect
Supervision Exercised, Number; 1.0 in Indirect Supervision
Exercised, Level; 2.0 in Physical Coordination; 1.0 in Working
Conditions; and 2.0 in Physical Demands. Respondent's Exhibits 1
and 2.
8. The point range for a Pay Grade 12 is from 1655 points to
1755 points. Respondent's Exhibit 1.
Discussion
A. Burden of Proof
The burden of proof in misclassification grievances is on the
grievant to prove by a preponderance of the evidence that he is not
properly classified. 156 C.S.R. 1 § 4.17;
W. Va. Code § 18-29-6.
Burke, et al., v. Bd. of Directors, Fairmont State College, Docket
No. 94-MBOD-349 (Aug. 8, 1995)
. The grievant asserting
misclassification must identify the job he feels he is performing.
Otherwise the complaint becomes so vague as to defy an adequate
rebuttal or analysis.
Elkins v. Southern W. Va. Community College,
Docket No. 90-BOD-124 (Mar. 4, 1991).
A grievant is not likely to meet his burden of proof in a
Mercer grievance merely by showing that the grievant's job duties
better fit one job description than another, without also
identifying which point factors he is challenging, and the degreelevel he believes he should have received.
(See footnote 4)
While some "best fit"
analysis of the definitions of the degree levels is involved in
determining which degree level of a point factor should be
assigned, where the position fits in the higher education
classified employee hierarchy must also be evaluated. In addition,
this system must by statute be uniform across all higher education
institutions; therefore, the point factor degree levels are not
assigned to the individual, but to the Job Title.
W. Va. Code §
18B-9-4;
Burke,
supra. A Mercer grievant may prevail by
demonstrating his reclassification was made in an arbitrary and
capricious manner.
See Kyle v. W. Va. State Bd. of Rehabilitation,
Div. of Rehabilitation Services and W. Va. Civil Serv. Comm'n.,
Docket No. VR-88-006 (Mar. 28, 1989).
Finally, whether a grievant is properly classified is almost
entirely a factual determination. As such, the Job Evaluation
Committee's ("JEC") interpretation and explanation of the point
factors and Generic Job Descriptions at issue will be given great
weight unless clearly erroneous.
See Tennant v. Marion Health Care
Foundation, 459 S.E.2d 374 (W. Va. 1995);
Burke,
supra. However,
no interpretation or construction of a term used in the Job
Evaluation Plan (which provides the definitions of point factors
and degree levels) is necessary where the language is clear andunambiguous.
Watts v. Dept. of Health and Human Resources, 465
S.E.2d 887 (W. Va. 1995). The higher education employee
challenging his classification thus will have to overcome a
substantial obstacle to establish that he is misclassified.
(See footnote 5)
B. Comparison of Grievant's Duties to Library Associate
The Generic Job Descriptions for Library Technical Assistant
II and Library Associate (Joint Exhibits 1 and 2) are attached
hereto as Appendix A and Appendix B, respectively, and by this
reference are made a part of this Decision.
Patricia Hank, Director of Human Resources, SWVCC, and member
of the JEC, explained how Generic Job Descriptions were developed.
She drafted the Generic Job Descriptions for the Library Job
Family. She stated the General Function portion of the Generic Job
Description gives an idea of the type of responsibilities the job
has. She stated that Generic Job Descriptions contain the duties
and responsibilities which appeared most often on the PIQ's of the
persons in the Job Title; and in the Library Job Family, the first
duty listed was the one which occurred most often on the PIQ's. It
provides examples of the types of work performed, and states the
knowledge, skills and abilities needed and the minimum
qualifications of the position. She explained that a duty listed
as one which "may" be performed occurred on some PIQ's, but not on
a majority of them. She stated that Generic Job Descriptions werethe last step in the classification process. Persons were
classified from PIQ's.
Ms. Hank stated the percentage of time a person spends
performing a particular duty is important in determining how vital
the duty is to the position, and the reason the position exists.
A position in which the incumbent spends 50% of the time typing
would likely be a clerical position, while a position in which the
incumbent spends 50% of the time analyzing policy would likely be
a higher level position. Ms. Hank pointed out that Grievant, for
example, performs some duties which are also performed by office
support positions which are in a Pay Grade 6, but the largest block
of Grievant's time, 45%, is spent cataloging. If the 20% of time
spent in inter-library loans is added, that totals 65% of the time
Grievant spends in this technical aspect of her job.
Grievant's primary argument was that the classification system
was not uniform because institutions of similar size did not have
the same positions in the library. She pointed out that while
SWVCC did not have any employees classified as Library Associates,
someone was performing the Library Associate duties and should be
so classified. Ms. Hank stated the JEC did not decide what
positions each library should have, rather it looked at the job
duties of the persons employed in the libraries and classified them
based upon their existing duties. The reclassification project was
designed to identify like jobs and classify them in the same title.
While Grievant's approach is interesting, the governing boards
were required under
W. Va. Code § 18B-9-4 to create an equitablesystem of job classifications. This
Code Section did not require
them to make every department within higher education function in
exactly the same manner. The governing boards were not charged
with assigning Grievant additional duties to make her a Library
Associate so SWVCC would have a person in that position, or
rearranging the SWVCC library staff so it would need a Library
Associate.
A simple comparison of Grievant's job duties to those of the
Library Associate and Library Technical Assistant II reveals that
Grievant's duties fall squarely within those of a Library Technical
Assistant II. However, to compare the two Job Titles requires a
comparison not just of the Generic Job Descriptions, but also of
the degree levels assigned to the two positions in the challenged
point factors.
C. Application of the Point Factor Methodology
Grievant challenged the degree levels received in the point
factors Complexity and Problem Solving, Freedom of Action, Scope
and Effect/Nature of Actions and Impact of Actions, Intrasystems
Contacts/Nature of Contact, and External Contacts/Nature of
Contact. Following are the differences between the degree level
assigned the point factors for the Library Technical Assistant II
Job Title, the Library Associate Job Title, and the degree level
Grievant argued she should have received in each of the challenged
point factors:
SE SE IC EC
CPS FA IA NA NC NC
(See footnote 6)
Library Technical Assistant II 2.5 2 1 2 1 1
Library Associate 3 3 2 3 2 1
Grievant's Argument 3 3 2 3 2 2
Joint Exhibit D. Each of the point factors challenged by Grievant
will be addressed separately below.
(See footnote 7)
1. Complexity and Problem Solving
The Job Evaluation Plan ("the Plan") defines Complexity and
Problem Solving as follows:
This factor measures the degree of problem-solving
required, types of problems encountered, the difficulty
involved in identifying problems and determining an
appropriate course of action. Also considered is the
extent to which guidelines, standards and precedents
assist or limit the position's ability to solve problems.
Grievant received a degree level of 2.5 in this point factor.
She believes she should have received a degree level of 3.0, as did
the Library Associate Job Title. A degree level of 2.5 is not
specifically defined, but Ms. Hank stated this means the job dutiesand responsibilities fell between a 2.0 and a 3.0. A degree level
of 2.0 is defined in the Plan as:
Problems encountered require the employee to make basic
decisions regarding what needs to be done, but the
employee can usually choose among a few easily
recognizable solutions. Established procedures and
specific instructions are available for doing most work
assignments, with some judgment required to interpret
instructions or perform basic computation work such as in
the comparison of numbers or facts.
A degree level of 3.0 is defined in the Plan as:
Problems encountered can be somewhat complex and finding
solutions to problems may require some resourcefulness
and originality, but guides, methods and precedents are
usually available. Diversified guidelines and procedures
must be applied to some work assignments. Employee must
exercise judgment to locate and select the most
appropriate guidelines, references, and procedures for
application, and adapt standard methods to fit variations
in existing conditions.
Grievant stated she must refer to 32 separate manuals when
cataloging books, and she must keep these manuals updated. In the
Online Computer Library Center ("OCLC") system she must be careful,
because there may be as many as four or five card sets in the
system for one book. She has to check the date of the book and
paging to make sure she is ordering the correct set of cards.
Grievant's supervisor, Barbara Aguirre, Manager of Library
Services, noted that certain formats must be used on the OCLC, and
it takes her a long time to remember how to use the OCLC when she
has not done so for awhile. It cannot be learned in a day's time.
Grievant further stated she must upgrade the hard drive two or
three times a year, and she must back it up. She searches for
materials requested through inter-library loan. Grievant's PIQ
states as other examples of common problems understaffing, trainingwork study and part-time student employees, and working with
demanding patrons.
Ms. Hank emphasized that the definition of Complexity and
Problem Solving must be read in conjunction with the degree levels.
She stated Grievant has manuals and guidelines which are used in
performing her job duties. She stated Grievant encounters no
special circumstances or assignments in her day to day duties which
require her to make decisions not covered in the manuals and
guidelines. She explained the reason Library Associates received
a 3.0 in this point factor, and in Freedom of Action, was due to
their supervisory and budget management responsibilities.
While Grievant must use her training, experience and standard
library guidelines to choose the reference manual applicable to
each cataloging duty, her decisions are better characterized as
basic decisions about what needs to be done, rather than requiring
some resourcefulness and originality. Established procedures and
specific instructions are available for doing most work
assignments. Grievant thus has not met her burden of proving the
JEC was clearly wrong or acted in an arbitrary and capricious
manner in deciding the Library Technical Assistant II job duties
were not within either a 2.0 or a 3.0, but rather fell somewhere in
between.
2. Freedom of Action
The Plan defines Freedom of Action as:
This factor measures the degree to which the position is
structured as is determined by the types of control
placed on work assignments. Controls are exercised in
the way assignments are made, how instructions are givento the employee, how work assignments are checked, and
how priorities, deadlines and objectives are set.
Controls are exercised through established precedents,
policies, procedures, laws and regulations which tend to
limit the employee's freedom of action.
Grievant received a degree level of 2.0 in this point factor.
She believes she should have received a degree level of 3.0, as did
the Library Associate Job Title.
A degree level of 2.0 is defined in the Plan as:
Tasks are structured to the extent that standard
operating procedures serve as a gauge to guide the
employee's work. The employee can occasionally function
autonomously with the immediate supervisor available to
answer questions. Questionable items are referred to the
immediate supervisor.
The definitions in the Plan show that at a degree level of
3.0:
Tasks are moderately structured with incumbent working
from objectives set by the supervisor. At this level,
the employee organizes and carries out most of the work
assignments in accordance with standard practices,
policies, instructions or previous training. The
employee deals with some unusual situations
independently.
Grievant stated she is not told what to do each day, because
she has worked in the position long enough to know what needs to be
done. She receives supervision when she is learning a new
procedure. She tries to handle irate patrons, and when they become
very irate, she sends them to her supervisor. She also calls on
her supervisor when she cannot determine the proper cataloging.
Ms. Aguirre testified that Grievant is given general
direction, and works from policies and objectives that are set.
Grievant was trained in her job and was given detailed instruction.
Grievant occasionally does original cataloging of books on her ownusing standard practices. In doing so she would have to decide
which category fit the book best. Goals are set by the library as
a team, from discussions of what they want to do for the year. Ms.
Aguirre directs Grievant to perform secretarial tasks for her.
A degree level of 2.0 fits Grievant's duties. Her job is
structured. She performs cataloging or inter-library loans based
upon whether requests were made by patrons and whether new
materials have arrived to be cataloged. She performs secretarial
duties and fills in for absent employees as directed. She utilizes
standard operating procedures to perform her duties. Her
supervisor is available to answer questions, and she refers
questionable items to her supervisor. Grievant has not proven that
a degree level of 3.0 is a better fit for her duties.
3. Scope and Effect
Scope and Effect is defined in the Plan as:
This factor measures the scope of responsibility of the
position with regard to the overall mission of the
institution, and/or the West Virginia higher education
systems, as well as the magnitude of any potential error.
Decisions regarding the nature of action should consider
the levels within the systems that could be affected, as
well as Impact on the following points of institutional
mission: instruction, instructional support, research,
public relations, administration, support services,
revenue generation, financial and/or asset control, and
student advisement and development. In making these
judgments, consider how far-reaching is the impact and of
what importance to the institution and/or higher
education systems is the work product, service or
assignment. Decisions regarding the impact of actions
should take into account institutional scope and size as
reflected by operating budget, student enrollment and
institutional classification. Also, consideration should
be given for the possibility that a unit, program or
department within a large institution may be equivalent
in size to multiple units, programs or departments within
a smaller institution. In making these interpretations,assume that the incumbent would have normal knowledge,
experience and judgment, and that errors are not due to
sabotage, mischief or lack of reasonable attention and
care.
This factor consists of two parts, Impact of Actions and
Nature of Actions. Grievant received a degree level of 1.0 in
Impact of Actions and 2.0 in Nature of Actions. She argued she
should have received a degree level of 2.0 in Impact and 3.0 in
Nature, as did the Library Associate Job Title.
A degree level of 1.0 in Impact of Actions is defined in the
Plan as:
Work is limited to immediate work function and short-term
situations.
A degree level of 2.0 in Impact of Actions is defined in the
Plan as:
Work affects either an entire work unit or several major
activities within a department.
A degree level of 2.0 in Nature of Actions is defined in the
Plan as:
Work contributes to the accuracy, reliability, and
acceptability of processes, services, or functions.
Decisions are limited to the application of standardized
or accepted practices and errors could result in some
costs and inconveniences within the affected area.
A degree level of 3.0 in Nature of Actions is defined in the
Plan as:
Work provides guidance to an operation, program, function
or service that affects many employees, students or
individuals. Decisions and recommendations made involve
non-routine situations within established protocol,
guidelines, and/or policies. Errors could easily result
in moderate costs and inconveniences within the affected
area. Grievant stated she helps employees and students get inter-
library loan materials. Grievant's PIQ states that a student could
be denied entrance to the institution, or grades and transcripts
could be withheld if she made an error on overdue books (which is
a very small portion of her job), and if the wrong materials are
ordered or duplicated it would result in unnecessary expense and
wasting time. Ms. Aguirre noted that Grievant's work determines
whether the student gets the research materials needed.
Ms. Hank simply stated Grievant's work is limited to her
department, and her decisions are standardized.
The degree level definitions under Impact of Actions are not
self explanatory, and the definition of Scope and Effect lends
little guidance in interpreting degree levels 1.0 and 2.0. Ms.
Hank's conclusory statements added nothing to what was already
known prior to the hearing. Grievant performs virtually all
cataloging and inter-library loan searches, and accordingly, it
would seem that her work "affects . . . several major activities"
of the library, even though she is not in charge of these areas of
the library. Grievant has proven her duties would entitle her to
a degree level of 2.0 under Impact, and Respondent failed to offer
evidence to rebut this.
Grievant's duties do not clearly fall within a degree level of
3.0 under Nature of Actions. She is not providing guidance to the
cataloging or inter-library loan departments, but is the person
performing cataloging and inter-library loan searches. The
decisions Grievant makes on cataloging and searches are routine,and are based upon the application of accepted practices. The
costs of errors noted by Grievant can be characterized as "some
costs and inconveniences", rather than "moderate costs and
inconveniences."
4. Intrasystems Contacts
Intrasystems Contacts is defined in the Plan as a factor
which:
appraises the responsibility for working with or through
other people within the [State College and University
Systems of West Virginia] to get results. Consider the
purpose and level of contact encountered on a regular,
recurring and essential basis during operations.
Consider whether the contacts involve furnishing or
obtaining information, explaining policies or discussing
controversial issues. This factor considers only those
contacts outside the job's immediate work area.
This factor also consists of two parts, Nature of Contact and
Level of Regular, Recurring and Essential Contact. Grievant is
challenging the degree level received in Nature of Contact.
Grievant received a degree level of 1.0 in Nature. She argued she
should have received a degree level of 2.0 in Nature, as did the
Library Associate Job Title.
A degree level of 1.0 in Nature of Contact is defined in the
Plan as:
Routine information exchange and/or simple service
activity; requires common courtesy (e.g., furnishing or
obtaining factual information, ordering supplies,
describing simple procedures).
A degree level of 2.0 in Nature is defined in the Plan as:
Moderate tact and cooperation required; communication is
largely of a non-controversial nature and handled in
accordance with standard practices and procedures (e.g.,
explaining simple policies and procedures,coordinating/scheduling complex meeting or conference
arrangements.)
Grievant and her supervisor seemed to confuse Intrasystems
Contacts and External Contacts, and discussed contacts with persons
who are not higher education employees under Intrasystems Contacts,
as well as under External Contacts. The PIQ lists Grievant's
Intrasystems Contacts as staff, faculty and managers at other
institutions. Grievant stated she is usually explaining simple
policies and procedures, and she must exercise moderate tact and be
cooperative and as helpful as possible. Ms. Hank pointed out that
the information exchanged is routine. She stated everyone has to
be cordial and professional.
Based upon the scant evidence relevant to this point factor
Grievant did not prove the JEC was clearly wrong or acted in an
arbitrary and capricious manner in assigning her duties a degree
level of 1.0.
5. External Contacts
External Contacts is defined in the Plan as:
This factor appraises the responsibility for working with
or through other people outside the SCUSWV to get
results. Consider the purpose and level of contact
encountered on a regular, recurring and essential basis
during operations. Consider whether the contacts involve
furnishing or obtaining information, influencing others
or negotiation.
This factor also consists of two parts, Nature of Contact and Level
of Regular, Recurring and Essential Contact. Grievant is
challenging the degree level received in Nature. She argued she
should have received a degree level of 2.0, rather than a 1.0. The
Library Associate Job Title also received a degree level of 1.0. A degree level of 1.0 in Nature of Contact is defined in the
Plan as:
Routine information exchange and/or simple service
activity; requires common courtesy (e.g., furnishing or
obtaining factual information, ordering supplies,
describing simple procedures).
A degree level of 2.0 in Nature of Contact is defined in the
Plan as:
Moderate tact and cooperation required; communication is
largely of a noncontroversial nature and handled in
accordance with standard practices and procedures (e.g.,
explaining simple policies and procedures,
coordinating/scheduling complex meeting or conference
arrangements.)
Grievant stated that in her communications with persons who
are not higher education employees, she is seeking information,
trying to reserve materials for a particular date and checking the
price, and two times per year seeking bids on equipment. Grievant
also makes calls to persons outside higher education in performing
secretarial duties for Ms. Aguirre. It was not clear what type of
communications were had between Grievant and those persons she
called in performing secretarial duties, although Ms. Aguirre
opined that Grievant's contacts would be the same as hers.
Ms. Aguirre noted the importance of effective communication in
performing Grievant's duties. She stated it is difficult to get
information from patrons necessary to providing the proper
reference help. Time spent on-line is expensive, so it is
important to determine exactly what the patron needs. She
explained that sometimes patrons do not know what they are lookingfor, and Grievant must question them to determine their exact
needs.
Grievant did not prove the JEC was clearly wrong or acted in
an arbitrary and capricious manner in assigning her duties a degree
level of 1.0. While it is important that Grievant possess good
communication skills, her communication can be characterized as
"routine information exchange . . . requir[ing] common courtesy
(e.g., furnishing or obtaining factual information, ordering
supplies, describing simple procedures)".
D. Summary
Grievant failed to prove the JEC was clearly wrong or acted in
an arbitrary and capricious manner by failing to classify her as a
Library Associate. Grievant further failed to prove that the
degree levels assigned to her Job Title in the point factors
Complexity and Problem Solving, Freedom of Action, Scope and
Effect/Nature of Actions, Intrasystems Contacts/Nature of Contact
and External Contacts/Nature of Contact were clearly wrong or were
assigned in an arbitrary and capricious manner by the JEC.
Grievant proved that a degree level of 2.0 in Scope and
Effect/Impact of Actions better fit her situation than a 1.0.
However, changing this degree level does not add enough points to
change the Pay Grade, and Grievant did not prove that all persons
classified as Library Technical Assistant II's should have received
a degree level of 2.0. R Ex 1.
(See footnote 8)
Ms. Hank pointed out thatGrievant received credit under Direct Supervision Exercised for
lead supervisory responsibility over an employee doing similar
work, even though Grievant does not perform such lead supervisory
duties, because there were enough persons in her classification
with this responsibility to make it one of the duties of the Job
Title. However, removing this duty, and changing the points
received in Direct Supervision Exercised, would not change the Pay
Grade. Ms. Hank testified that had it affected the Pay Grade,
persons with lead supervisory responsibilities would have been
placed in a separate classification from Grievant. Applying this
practice of the JEC to Grievant's case, the data line for the
Library Technical Assistant II will not be changed.
Conclusions of Law
1. The governing boards are required by
W. Va. Code § 18B-9-
4 to establish and maintain an equitable system of job classifi
cations for all classified employees in higher education.
2. The burden of proof in a misclassification grievance is
on the grievant to prove by a preponderance of the evidence that he
is not properly classified. 156 C.S.R. 1 § 4.17. The grievant
asserting misclassification must identify the job he feels he is
performing. Otherwise the complaint becomes so vague as to defy an
adequate rebuttal or analysis.
Elkins v. Southern W. Va. Community
College, Docket No. 90-BOD-124 (Mar. 4, 1991).
3. The Job Evaluation Committee's interpretation and
explanation of the Generic Job Description and point factors will
be given great weight unless clearly wrong, where the properclassification of a grievant is almost entirely a factual
determination.
See Tennant v. Marion Health Care Foundation, 459
S.E.2d 374 (W. Va. 1995);
Burke, et al., v. Bd. of Directors,
Fairmont State College, Docket No. 94-MBOD-349 (Aug. 8, 1995).
4. The Job Evaluation Committee's decision that Grievant is
not a Library Associate is not clearly wrong or arbitrary and
capricious.
5. The Job Evaluation Committee's assignment of degree
levels to the point factors for the Library Technical Assistant II
Job Title is neither clearly wrong nor arbitrary and capricious.
Accordingly, this grievance is DENIED.
Any party may appeal this Decision to the Circuit Court of
Logan County or the Circuit Court of Kanawha County and such appeal
must be filed within thirty (30) days of receipt of this decision.
W. Va. Code § 18-29-7. Neither the West Virginia Education and
State Employees Grievance Board nor any of its Administrative Law
Judges is a party to such appeal and should not be so named. Any
appealing party must advise this office of the intent to appeal and
provide the civil action number so that the record can be prepared
and transmitted to the appropriate court.
BRENDA L. GOULD
Administrative Law Judge
Dated: August 15, 1996
Footnote: 1