v. Docket No. 99-DOL-401
Grievant, L. Kay Lee, is employed of the West Virginia Division of Labor ("DOL")
as an Office Assistant I. Her Statement of Grievance reads:
I am currently classified as an OAI. Based on the duties I perform, I believe
that I should be classified as a Secretary I. I have been performing these
duties for the past 1 to 1½ years. I am hereby requesting that I be classified
as a Secretary I.
RELIEF SOUGHT: Back pay for the entire period of misclassification and to
be made whole in every way. (Back pay for period beginning June 22, 1998
and ending upon settlement)[.]
(See footnote 1)
This grievance was filed on May 19, 1999. At Levels I and II, Grievant's supervisors
lacked the authority to grant the relief sought. At Level III the grievance was denied. The
parties agreed to submit this case on the record, and this case became mature for decision
on December 13, 1999, after receipt of Respondent DOL's proposed findings of fact and
conclusions of law.
(See footnote 2)
Issues and Arguments
Grievant makes two arguments to support her reclassification to a Secretary I
position. First, she states she performs the duties of a Secretary I, and second she notes
her past experience qualifies her for a Secretary I position. Respondents maintain
Grievant is properly classified.
After a detailed review of the record in its entirety, the undersigned Administrative
Law Judge makes the following Findings of Fact.
Findings of Fact
1. Grievant has been employed, since June of 1997, as an Office Assistant I
in the DOL Section which manages manufactured housing and amusement rides. Her
duties have not changed during that time.
2. Grievant had prior clerical and secretarial experience before she began
working for the State of West Virginia.
3. The position for which Grievant applied and was selected stated she would
work under direct supervision and listed some of the duties as: sort and file documents
and mail; answer the phone and route calls or take messages; type routine forms, permits,and correspondence; post information to logs or ledgers; and operate standard office
equipment.
4. Grievant's Evaluation of March 26, 1999 lists her responsibilities as:
Answers telephone providing routine information to the public, taking names
and addresses to mail complaint forms and license applications for
manufactured housing and amusement rides .
Receives [and] sorts incoming and outgoing mail.
Checks deposit receipts provided by administration for account accuracy and
files.
Verifies insurance information on amusement ride operators.
Copies amusement ride applications and gives to director for assignment to
inspectors.
Enters consumer complaints into data base after director assigns to an
inspector.
Enters license application information into data base following board
approval.
Inserts mailing addresses into form letters applicable to complaints and
mails.
Inserts information into form letters applicable to letters of correction
provided by the director.
Types applicable names and addresses on violation form from information
provided by director and mails.
Copies and mails quarterly report forms to all licensees[,] updates data base
for quarterly reports, license renewals, etc.
Copies and collates board meeting materials.
Operates recorder at board meetings.
Types minutes of board meetings for editing by director.
Inserts information into final order disciplinary form following action of the
board, for editing by the director and signature of the chair, and mails.
Posts information on paid fines, maintains notebooks with copies of violation
and letters of correction.
Completes requisitions for supplies.
5. Grievant agrees that this list, contained on her 1999 evaluation, correctly
identifies her duties. (Test. of Grievant at Level III Hearing at 7.)
6. During the time Grievant has been in this position, she has not completed a
Position Description Form.
7. Grievant's work is repetitive, routine, and structured.
8. Grievant does not relieve her supervisor of any administrative tasks, nor
does Grievant perform support-type activities for her supervisor.
DISCUSSION
The pertinent sections of the two classification specifications at issue are reprinted below:
OFFICE ASSISTANT I
Nature of Work
Under close supervision, performs entry level work in a variety of routine clerical
tasks within prescribed procedures and guidelines. Performs related work as required.
Distinguishing Characteristics
Performs routine clerical tasks as a predominant portion of the job. Tasks may
include sorting and filing documents, typing routine forms and labels, sorting and
distributing mail. May enter data using a video display terminal and make inquiries into
the system; data work is limited to a few simple applications.
At this level, the predominant tasks are of a routine nature with well-structured
directives for completing the work. Work is learned through repetition and requires ability
to learn the steps in the series of related tasks, which are typically a part of a broader workfunction. Work is reviewed for completeness and accuracy or provides an inherent system
of checks. Contacts are typically informational; position is limited in authority for
independent action.
Examples of Work
Sorts and files documents numerically, alphabetically or according to other
predetermined classification criteria; pulls material from files upon request.
Types routine correspondence, forms, and labels.
Operates office equipment such as adding machines, electrical calculating or copying
machine or other machines requiring no special previous training.
Answers telephone; takes messages; routes calls; answers general information
questions.
Receives, sorts and distributes incoming and outgoing mail and performs messenger
work.
Inventories, stocks and distributes office supplies.
Counts, collates, codes, sorts, staples and inserts forms in envelopes.
Posts information to log or ledger for record-keeping purposes.
Collects, receipts, counts and deposits money.
May record and maintain time/attendance records for unit or section.
May enter data into a video display terminal; may make inquiries into the system; may
run a mailing list.
May microfilm documents for record maintenance.
. . .
Minimum Qualifications
TRAINING: Education equivalent to graduation from a standard four-year high school.
SECRETARY I
Nature of Work
Under general supervision, at the full-performance level, relieves supervisor of
clerical and minor administrative duties, exercising discretion and independent judgment.
Necessity for dictation, familiarity with word processors, and other special requirements
vary depending upon supervisor's preference. Performs related work as required.
Distinguishing Characteristics
This class is distinguished from the Office Assistant series by the assignment of
support duties to a specific individual overseeing a section, or a division. The incumbent
composes routine correspondence for the supervisor, screens calls and visitors and
responds to inquiries requesting knowledge regarding office procedure, policy and
guidelines, and program information. The position has limited authority to speak for the
supervisor.
At this level, the work requires the knowledge necessary to complete complex
procedural assignments. Incumbent determines appropriate procedures from among avariety of resources, methods, and processes. Incumbent is responsible for his/her own
work, and may assign and direct the work of others. Although some tasks are defined and
self-explanatory, the objectives, priorities, and deadlines are made by the supervisor.
Work is reviewed, usually upon completion, for conformance to guidelines. Contacts at
this level are frequent and often non-routine and/or of a confidential or sensitive nature,
requiring tact and the ability to judge which inquiries can be answered or must be referred.
Examples of Work
Responds to inquiries where knowledge of unit policy, procedure, and guidelines is
required.
Answers telephone, screens calls, and places outgoing calls.
Screens mail and responds to routine correspondence.
Signs, as directed, supervisor's name to routine correspondence, requisitions, and
other documents.
Schedules appointments and makes travel arrangements and reservations for
supervisor.
Takes and transcribes dictation, or transcribes from dictation equipment.
Composes form letters, routine correspondence, and factual reports.
Types reports, manuscripts, and correspondence using standard typewriter or word
processing equipment; proofreads and corrects to finished form.
Gathers, requests, and/or provides factual information, requiring reference to variety
of sources.
May delegate routine typing, filing, and posting duties to subordinate clerical
personnel.
May maintain basic bookkeeping records for grants, contract or state appropriated
funds.
May prepare payrolls, keep sick and annual leave records, act as receptionist and
perform other clerical duties as needed.
May attend meetings take notes and relay information; typically would not interpret
information or speak on behalf of supervisor.
. . .
Minimum Qualifications
TRAINING: Graduation from a standard high school or the equivalent.
EXPERIENCE: Four years of full-time or equivalent part-time paid experience
performing clerical duties at the Office Assistant II level, including typing, which
must have included screening and routing telephone calls and correspondence,
and composing routine correspondence.
SUBSTITUTION: College hours or related business school or vocational training may
be substituted through an established formula for up to two years of the required
experience.
In order for Grievant to prevail upon a claim of misclassification, she must prove by
a preponderance of the evidence that her duties for the relevant period more closely match
another cited Personnel classification specification than the one to which she is currently
assigned.
See generally,
Hayes v. W. Va. Dep't of Natural Resources, Docket No. NR-88-
038 (Mar. 28, 1989). Personnel specifications are to be read in "pyramid fashion,"
i.e., top
to bottom, with the different sections to be considered as going from the more
general/more critical to the more specific/less critical.
Captain v. W. Va. Div. of Health,
Docket No. 90-H-471 (Apr. 4, 1991). The "Nature of Work" section of a classification
specification is its most critical section.
Atchison v. W. Va. Div. of Health, Docket No. 90-
H-444 (Apr. 22, 1991);
See generally,
Dollison v. W. Va. Dep't of Employment Security,
Docket No. 89-ES-101 (Nov. 3, 1989).
The key to the analysis is to ascertain whether Grievant's current classification
constitutes the "best fit" for her required duties.
Propst v. W. Va. Dep't of Health and
Human Resources/W. Va. Div. of Personnel, Docket No. 93-HHR-371 (Dec. 3, 1993);
Simmons v. W. Va. Dep't of Health and Human Resources/W. Va. Div. of Personnel,
Docket No. 90-H-433 (Mar. 28, 1991). The predominant duties of the position in question
are class-controlling.
Broaddus v. W. Va. Div. of Human Serv., Docket Nos. 89-DHS-606,
607, 609 (Aug. 31, 1990);
W. Va. Div. of Personnel Rules § 5.4. Additionally, class
specifications are descriptive only and are not meant to be restrictive. Mention of one
quality or requirement does not exclude others.
W. Va. Div. of Personnel Rules § 4.4(a).
Even though a job description does not include all the actual tasks performed by a grievant
it does not make that job classification invalid.
Id. at § 4.4(d). Finally, Personnel'sinterpretation and explanation of the classification specifications should be given great
weight unless clearly erroneous.
W. Va. Dep't of Health v. Blankenship, 189 W. Va. 342,
431 S.E.2d 681, 687 (1993). Under the foregoing legal analysis, the West Virginia
Supreme Court holding in
Blankenship presents employees contesting their classification
with a substantial obstacle to overcome when they attempt to establish they are
misclassified.
Grievant's own testimony confirmed she performed the duties of an Office Assistant
I. She agreed she performed the duties outlined in her evaluation, and those fall squarely
within the duties expected to be performed by an Office Assistant I, such as sorting and
filing documents; typing routine forms; answering the telephone and taking messages; and
posting information for record-keeping purposes. (Office Assistant I Class Specifications).
One duty is not listed, and that is typing minutes for editing by the director. As previously
stated, even though a job description does not include all the actual tasks performed by
a grievant, that fact does not make the employee's job classification invalid.
W. Va. Div.
of Personnel Rules § 4.4(d). Employees can perform duties outside their job description
as the class specifications are to characterize the type of work to be performed, not to
identify every task of the position. Class specifications are descriptive, not exhaustive, and
are to give a "flavor" of the difficulties, complexities, and duties of the position.
Adkins-
Montie v. W. Va. Dep't of Health and Human Resources , Docket No. 97-HHR-017 (Mar.
19, 1998);
Hager v. W. Va. Dep't of Health and Human Resources, Docket No. 95-HHR-
241 (Sept. 29, 1995). Such is the case here; the fact Grievant performs this one duty not
specifically listed in her class specification does not mean she is not properly classifiedas an Office Assistant I.
Collier v. W. Va. Dep't of Health and Human Resources/Div. of
Personnel, Docket No. 94-HHR-039 (Sept. 19, 1994)
;
Coates v. W. Va. Dep't of Health and
Human Resources, Docket No. 94-HHR-041 (Aug. 28, 1994)
;
Broaddus,
supra.
Further, the Secretary I class specification indicates the individuals in this
classification "relieve [their] supervisor of clerical and minor administrative tasks,
exercising discretion and independent judgement." (Secretary I Job Specifications,
"Nature of Work"). A Secretary I is to perform support duties for an individual who is over
a section or a division and "composes routine correspondence for the supervisor, screens
calls and visitors and responds to inquiries requesting knowledge regarding office
procedure, policy and guidelines, and program information." (Secretary I Job
Specifications, "Distinguishing Characteristics"). Additionally, a Secretary I has limited
authority to speak for her supervisor.
Id. Further, a Secretary I must be able "to complete
complex procedural assignments" and determine appropriate procedures by reviewing a
variety of resources, methods, and processes."
Id. A Secretary I is "responsible for [her]
work, and may assign and direct the work of others" and contacts with others are "frequent
and often non-routine and/or of a confidential or sensitive nature" and require tact and
judgement. These phrases do not describe the duties involved in Grievant's work.
Grievant has not met her burden of proof and demonstrated Personnel's
determination that the predominant portion of her duties are within her Office Assistant I
classification was "clearly wrong."
See Francis/Sayre v. W. Va. Dep't of Health and
Human Resources/Div. of Personnel, Docket No. 95-HHR-077 (July 28, 1995). It also appears Grievant is confused between the layperson's typical definition of
secretarial duties and the Division of Personnel's job descriptions for office assistants and
secretaries. The American Heritage Dictionary defines secretarial work as handling
correspondence, keeping files, and doing clerical work. The Division of Personnel has
chosen to divide the wide variety of potential secretarial or clerical duties into two class
series; office assistants and secretaries. Thus, the fact Grievant performs typical
"secretarial" duties does not place her in the Secretary I classification.
Coates,
supra;
Hart v. W. Va. Div. of Rehabilitation, Docket No. 94-RS-105 (Aug. 26, 1994).
Grievant also argues she should be classified as Secretary I because she meets the
listed minimum qualifications for that class specification. Division of Personnel's pay and
classification plan is not seniority, tenure, or qualification based. The classification of each
employee is based on the general nature of the duties expected of the incumbent.
Hellems v. Dep't of Motor Vehicles, Docket Nos. 94-DMV-156/157/160/162/163/184 (June
26, 1995);
Salmons v. W. Va. Dep't of Transp./Div. of Highways/ Div. of Personnel, Docket
No. 95-DOH-004 (Apr. 20, 1995);
Broaddus,
supra. The fact Grievant meets the
qualifications of a Secretary I does not matter, as she does not perform the duties of a
Secretary I.
The above-discussion will be supplemented by the following Conclusions of Law.
Conclusions of Law
1. Grievant has not demonstrated by a preponderance of the evidence that she is
misclassified, or that the position of Secretary I is the "best fit" for her normal duties. 2. The predominant duties of the position in question are class controlling.
Collier
v. W. Va. Dep't of Health and Human Resources/ Div. of Personnel, Docket No. 94-HHR-
039 (Sept. 19, 1994);
Broaddus v. W. Va. Div. of Human Servs., Docket Nos. 89-DHS-606,
607, 609 (Aug. 31, 1990);
W. Va. Div. of Personnel Rules § 5.4.
3. Additionally, since the predominant duties are class-controlling, the fact that
Grievant occasionally performs tasks outside her written job description does not elevate
her position to Secretary I.
See Hunt v. W. Va. Dep't of Health and Human Resources,
Docket No. 94-HHR-040 (Oct. 21, 1994);
Broaddus,
supra.
4. The Division of Personnel's pay and classification plan is not seniority, tenure, or
qualification based. The classification of each employee is based on the general nature
of the duties expected of the incumbent.
Hellems v. Dep't of Motor Vehicles, Docket Nos.
94-DMV-156/157/160/162/163/184 (June 26, 1995);
Salmons v. W. Va. Dep't of
Transp./Div. of Highways/ Div. of Personnel, Docket No. 95-DOH-004 (Apr. 20, 1995);
Broaddus,
supra.
5. The fact an employee meets the qualifications of a class specification is not the
determining factor in deciding classification; the issue is whether the employee is
performing the duties of the class specification.
6. The Division of Personnel's interpretation of the correct class specifications, for
the duties Grievant performs, are not clearly erroneous and, therefore, should be accorded
great weight.
W. Va. Dep't of Health v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681, 687
(1993);
Kyte v. W. Va. Dep't of Health and Human Resources/Div. of Personnel, Docket
No. 94-HHR-030 (Sept. 21, 1994).
Accordingly, this grievance is
DENIED.
Any party, or the West Virginia Division of Personnel, may appeal this decision to the
Circuit Court of Kanawha County, or to the "circuit court of the county in which the
grievance occurred." Any such appeal must be filed within thirty (30) days of receipt of this
decision.
W. Va. Code § 29-6A-7 (1998). 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. However, the appealing party is required by
W. Va.
Code § 29A-5-4(b) to serve a copy of the appeal petition upon the Grievance Board. The
appealing party must also provide the Board with the civil action number so that the record
can be prepared and properly transmitted to the appropriate circuit court.
JANIS I. REYNOLDS
ADMINISTRATIVE LAW JUDGE
Dated: January 14, 2000
Footnote: 1