"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.