OPINION ISSUED MARCH 27, 1987
HAROLD M. STUMPP
DEPARTMENT OF CORRECTIONS
Claimant represented self.
Robert D. Pollitt, Assistant Attorney General; for respondent.
Claimant was employed by the West Virginia State Penitentiary at
Moundsville, a facility of
respondent, from March 1, 1982 to October 2, 1984, as a
officer. As a
requirement of his position, claimant was required to report 10
before each shift that he
worked. As this requirement was beyond his 40-hour-per-week
responsibility (West Virginia
Code Chapter 21, Article 5C, Section 3A), claimant seeks $562.11 in
pay for the
additional time which he worked for respondent.
Hilda L. Williams, Personnel Officer with respondent, testified
individual named Kevin
Church filed a grievance through the Civil Service Commission. The
of Church's grievance
was the same as that of the claimant's. Kevin Church was awarded
overtime pay. At the time of
the Order of the Civil Service Commission (November 14, 1984) all
officers to whom the Order applied were compensated for the ten
of overtime which
they were required to work prior to the beginning of each shift.
The claimant filed his complaint on June 26, 1986. He is entitled
recover $64.54 for
overtime which he worked during the period June 26, 1984 to
30, 1984. The Court
is required to apply West Virginia Code SS14-2-21 which provides
"the Court shall not
take jurisdiction of any claim . . . unless notice of such claim be
filed with the clerk within such
period of limitation as would be applicable under the pertinent
provisions of the Code of West
Virginia . . . . West Virginia Code §55-2-12 mandates that the
applicable statute of limitations
is two years. For that reason, the Court makes an award to the
Award of $64.54.