Opinion

American Federation of State v. Civil Service Commission of West Virginia

  • 181 W. Va. 8
  • 380 S.E.2d 43
  • 29 Wage & Hour Cas. (BNA) 593
  • 1989 W. Va. LEXIS 39
Court
West Virginia Supreme Court
Filed
Mar 28, 1989
Status
Published
Author
Neely
On the bench
Miller, Neely, McGraw, Workman
Cited by
10 cases

"To the extent that the Civil Service Commission back pay policy promulgated on July 20, 1988, imposes retroactive deadlines, and thereby deprives otherwise qualified employees of full back pay, it is in direct conflict with AFSCME v. Civil Service Comm'n, 176 W.Va. 73, 341 S.E.2d 693 (1985) [(per curiam)] [AFSCME II], and AFSCME v. Civil Service Comm’n, No. 17929 (W.Va.5/20/88) (per curiam order) [AFSCME III], and is void.”

How later courts described this case

  • "To the extent that the Civil Service Commission back pay policy promulgated on July 20, 1988, imposes retroactive deadlines, and thereby deprives otherwise qualified employees of full back pay, it is in direct conflict with AFSCME v. Civil Service Comm'n, 176 W.Va. 73, 341 S.E.2d 693 (1985) [(per curiam)] [AFSCME II], and AFSCME v. Civil Service Comm’n, No. 17929 (W.Va.5/20/88) (per curiam order) [AFSCME III], and is void.”

Written by the judges who cited it.

The opinion

NEELY, J.,

dissents for the reasons stated in his dissenting opinion in AFSCME v. Civil Service Comm’n, 176 W.Va. at 80, 341 S.E.2d at 699.

McGRAW, J., participated and concurred in this decision, but departed from the Court prior to the preparation of the opinion. WORKMAN, J., did not participate in the consideration or decision of this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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