Smith v. West Virginia Division of Rehabilitative Services

STARCHER, Justice:

In the instant case we hold that the default provisions of new language in the state employee grievance law apply to conduct that occurred after the effective date of the applicable statutory language.

I

Facts & Background

The pertinent facts of the instant case are simple and undisputed. The appellants, Caro lyn Smith and Carolyn Jones, are employees of the appellee West Virginia Division of Rehabilitative Services and Division of Personnel. The appellants’ job classifications are set by the appellee state personnel department. The appellants claimed, in grievances filed on…