Kazi

WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD

PATRICIA ANN BURKHART, Grievant, v. INSURANCE COMMISSION and DIVISION OF PERSONNEL, Respondents. DECISION

Patricia Ann Burkhart, Grievant, is employed by the Office of the Insurance Commission (“OIC”), Respondent. Grievant had previously been employed by the Workers Compensation Commission (“WCC”), but was transferred to the OIC when the WCC was privatized. As a result of the process to eliminate WCC classifications and place

Docket No. 2010-1303-DOR

transferred positions into classifications consistent with the OIC, Grievant’s position was reallocated. Grievant Burkhart filed a level one grievance form on or about March 31, 2010. Grievant’s Statement of Grievance was two and one half pages long; however, after several discussions it was determined prior to the start of the level three hearing that generally Grievant seeks to have her position reclassified to the Insurance Program Specialist classification rather than the Office Assistant 3 classification. Grievant is protesting her classification and pay grade. By letter dated April 5, 2010, the OIC and Grievant jointly requested to waive the level one conference and move to level two as the issue in dispute was a classification determination and the level one Chief Administrator did not possess the authority to grant the relief requested. A level two mediation session was held on June 29, 2010. Grievant appealed to level three on July 6, 2010. By Order entered July 12, 2010, the Division of

Personnel (“DOP”) was joined as an indispensable Respondent party to the grievance. Subsequently, in accordance with requests of the parties and befitting administrative actions, level three hearings were held before the undersigned Administrative Law Judge on March 10 and May 25, 2011, in the West Virginia Public Employees Grievance Board’s Charleston office. Grievant appeared in person and was represented by Pamela L. Ray, AFSCME.1 Respondent OIC was represented by...