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

MILLER, Justice:

This is the fourth time that the American Federation of State, County, and Municipal Employees (AFSCME) has appeared before this Court in essentially the same case. AFSCME represents over one hundred state employees who seek back pay for work performed outside of their civil service classifications.1 We concluded in AFSCME v. Civil Serv. Comm’n, 174 W.Va. 221, 324 S.E.2d 363 (1984) (AFSCME I), that work performed “out of classification” was compensable. In AFSCME v. Civil Serv. Comm’n, 176 W.Va. 73, 341 S.E.2d 693 (1985) (AFSCME II), we settled the back pay question. In a per…