Blethen v. West Virginia Department of Revenue/State Tax Department

633 S.E.2d 531, 219 W. Va. 402, 2006 W. Va. LEXIS 65
CourtWest Virginia Supreme Court
DecidedJune 29, 2006
DocketNo. 32962
StatusPublished
Cited by4 cases

This text of 633 S.E.2d 531 (Blethen v. West Virginia Department of Revenue/State Tax Department) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blethen v. West Virginia Department of Revenue/State Tax Department, 633 S.E.2d 531, 219 W. Va. 402, 2006 W. Va. LEXIS 65 (W. Va. 2006).

Opinion

PER CURIAM.

This is an appeal of current and former employees of the West Virginia Tax Department (hereinafter sometimes referred to as “Appellants”) from the March 17, 2005, final order of the Circuit Court of Kanawha County issued upon completion of judicial review of a decision of the West Virginia Education and State Employees Grievance Board (hereinafter referred to as “Grievance Board”) involving Appellants’ complaints against the West Virginia Department of Revenue/State Tax Department and the West Virginia Division of Personnel (hereinafter referred to collectively as “Respondents”).1 The Grievance Board decision reviewed by the lower court involved two consolidated multi-party grievances, one alleging equal pay for equal work violations and the other contending an improper pay grade differential between Appellants and their supervisors. By its order, the lower court affirmed portions of the Grievance Board decision finding that three of the grievants lacked standing because they were no longer employees when the grievances were filed and that the equal pay for equal work claims of twenty of the twenty-nine grievants were barred by the doctrine of res judicata. The order also served as a vehicle to remand nine of the equal pay for equal work grievances and all of the pay grade grievances back to the Grievance Board for a determination regarding whether they were timely filed.

In consideration of the parties’ arguments, the relevant record and the applicable law, we affirm the action of the lower court.

I. Factual and Procedural Background

This case involves twenty-six current and three former Tax Department workers hired for the position of Research Agent II (hereinafter referred to as “RA II”) who separately filed two different grievances in 2003 that [404]*404were consolidated at Level IV of the grievance process.2 The first grievance (hereinafter referred to as the “Blethen claim”) alleged that the Tax Department position of RA II and the then existing position of Credit Analyst II (hereinafter referred to as “CA II”) within the Workers’ Compensation Division of the Bureau of Employment Programs performed the same essential tasks and should have the same pay under the principle of equal pay for equal work.3 The second grievance (hereinafter referred to as the “Ferguson claim”) alleged that a four pay grade difference within the Tax Department between the RA II position and the supervisors of the RA II position was a violation of a Division of Personnel policy. In sum, while both claims assert pay inequity, the Blethen claim involves interagency unfairness and the Ferguson claim concerns an intra-agency disparity.

In 1999, twenty of the twenty-nine workers involved in the Blethen claim, including the three former employees, had filed a grievance known as the Bonnett claim which addressed the same equal pay for equal work issue. After losing at Level IV of the grievance process, some of the Bonnett grievants pursued an appeal to the circuit court4 which resulted in dismissal on March 1, 2001. No further appeal was taken and the March 1, 2001, Bonnett decision became final.

In May 2003, the twenty Bonnett grievants and nine additional RA II workers filed the Blethen claim alleging that they should be paid the same as the CA II workers. The basis alleged for filing these claims was the January 2, 2003, final circuit court order in a case styled Stanley v. Department of Tax and Revenue involving the appeal of yet another Grievance Board decision. In the Stanley case, the circuit court determined that the Grievance Board erred because the lower court found that the supervisors of the RA II workers and the supervisors of the CA II workers were performing nearly identical work and should be paid the same. The Blethen grievants asserted that the Stanley case created a new grievable event.

In September 2003, the Ferguson grievances were initiated by essentially the same employees as those asserting the Blethen claim. The Ferguson claims also relied on the Stanley decision as the grievable event in that the Stanley decision resulted in a widening disparity in pay between the RA II position and the supervisor position.5

The Blethen and Ferguson grievances were consolidated at Level IV and a Grievance Board decision dated September 15, 2004, was issued by the administrative law judge (hereinafter referred to as “ALJ”) assigned to hear the complaints. The order relates that the merits of the grievances were not reached as the ALJ determined that the jurisdictional affirmative defenses advanced by Respondents were dispositive of the case. With regard to the Blethen claims, the ALJ held that the twenty grievants6 raising the Blethen claim who were also part of the earlier Bonnett grievance were precluded under the doctrine of res judicata from relitigating this issue. The claims of the remaining nine Blethen grievants were dismissed along with the Ferguson claims as being untimely filed. The ALJ further found with regard to the Ferguson claims that the Stanley decision served only to provide a new legal argument rather than to create a new grievable event because the grievants knew of the facts giving rise to their claims when they accepted the RA II positions with [405]*405the assigned pay grade. Finally, the September 15, 2004, decision related that the former employees’ claims were also dismissed because the grievants lacked standing in that they were not employees of the Tax Department at the time the grievances were filed and termination was not the subject of their grievances.

Appellants asserted in their appeal and subsequent pleadings in the circuit court that the ALJ’s decision was incorrect and requested that the matter be remanded to the ALJ for a decision on the merits. The circuit court rendered its decision by order dated March 17, 2005, in which a portion of the ALJ’s decision was affirmed and another portion of that decision was remanded to the Grievance Board. Essentially, by its order the circuit court affirmed the dismissal of the twenty Blethen claims on res judicata grounds and concurred in the dismissal of all of the former employees’ claims due to lack of standing. The claims of the remaining nine Blethen grievants and twenty-six Ferguson grievants were remanded to the Grievance Board as a result of the March 17, 2005, order to allow the ALJ to rule on whether the continuing practice exception to the time-' liness requirements would allow those grievances to proceed. Appellants petitioned this Court for review of that part of the March 17, 2005, circuit court order dismissing claims on the basis of res judicata and lack of standing. The petition for appeal was granted by this Court on January 10, 2006.

II. Standard of Review

This appeal involves the review of circuit court rulings in a contested case under the West Virginia Administrative Procedure Act (hereinafter referred to as “Act”). Pursuant to the Act, a circuit court may affirm the order or decision of the agency or remand the case for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hammond v. West Virginia Department of Transportation
727 S.E.2d 652 (West Virginia Supreme Court, 2012)
Seventeenth Street Associates, LLC v. Cole ex rel. Haynie
855 F. Supp. 2d 606 (S.D. West Virginia, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
633 S.E.2d 531, 219 W. Va. 402, 2006 W. Va. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blethen-v-west-virginia-department-of-revenuestate-tax-department-wva-2006.