Department of Transportation v. Keeley

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Departrnent of Transportation,

Appellant/Ernployer-Below, C.A. No.: NlSA-06~O()8 SKR
On Appeal from Decision of the
Merit Employee Relations Board
Docket No. l7-06-672

V.

Laura A. Keeley,

Appellee/Grievant-Below.

Subrnitted: September 24, 2018
Decided: November 30, 2018

Upon Appealfrom the Merit Employee Relations Boara’ ’s Decl`sz'ons and Orders:
REVERSED.

Kevin R. Slattery, Esq., Deputy Attorney General, Delaware Department of Justice,
Attorney for Appellant.

Laura A. Keeley, pro se, Appellee.
Rennie, J.

OPINION

Before the Court is an appeal from a decision of the Merit Employee Relations
Board (the “MERB”). Laura A. Keeley (“Keeley”), a former employee of the
Delaware Department of Transportation (“DelDOT”), requested a salary increase
upon her promotion Within DelDOT. DelDOT granted the salary increase, but not

at the salary level Keeley Was initially seeking Keeley filed a merit grievance (the

“Grievance”). The Grievance finally reached the MERB, and the MERB granted it.
DelDOT now appeals the MERB’s decisions, Which Were issued on March 27, 2018
and June 20, 2018, respectively.l For the reasons set forth belovv, the MERB’s
decisions are REVERSED.
I. FACTUAL AND PROCEDURAL BACKGROUND

The facts in this case are undisputed Keeley Was formerly employed as a
Planner III in the Environmental Studies Office of DelDOT.2 On August 23, 2016,
an advanced salary request Was submitted to the DelDOT HR Manager, on behalf of
Keeley, Who at that time had been recommended for a career ladder promotion to a
Planner IV position.3 Keeley sought an advanced Salary classification of 85% of
midpoint of PG 17.4 On October 14, 2016, DelDOT denied the request, but allowed
an advanced salary of 81.18277% of midpoint of PG 17.5

On October 28, 2016, Keeley Submitted the Grievance contesting the result,
to both her immediate supervisor, LaTonya Gilliam, and then DelDOT HR Director,

Nicole Majesl