Indiana State Employee Appeal Comm. v. Bishop and Harpold/Green, Stowe and Walters
741 N.E.2d 1229
| Ind. | 2001|
Check Treatment
ATTORNEYS FOR APPELLANTS: ATTORNEY FOR APPELLEES:
JEFFREY A. MODISETT BARBARA J. BAIRD
Attorney General of Indiana Macey, Macey and Swanson
Indianapolis, Indiana
JOHN LARAMORE
Deputy Attorney General
JAMES A. GARRARD
Deputy Attorney General
Indianapolis, Indiana
IN THE
SUPREME COURT OF INDIANA
INDIANA STATE EMPLOYEES APPEAL ) Supreme Court Cause Number
COMMISSION, INDIANA STATE ) 49S02-0101-CV-71
PERSONNEL DEPARTMENT, ET AL., )
)
Appellants-Respondents, )
) Court of Appeals Cause Number
v. ) 49A02-9810-CV-818
)
JUDITH BISHOP and SARAH HARPOLD, )
Appellees-Petitioners, )
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
INDIANA STATE EMPLOYEES APPEAL )
COMMISSION, INDIANA STATE )
PERSONNEL DEPARTMENT, ET AL., )
)
Appellants- Respondents, )
) Court of Appeals Cause Number
v. ) 49A02-9810-CV-819
)
PATRICIA GREENE, ANGELA STOWE, )
and KAREN WALTERS, )
)
Appellees-Petitioners. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Patrick McCarty, Judge
Cause Nos. 49D03-9601-CP-48-0001
49D03-9601-CP-48
ON PETITION TO TRANSFER
February 2, 2001
RUCKER, Justice
Judith Bishop, Sarah Harpold, Patricia Greene, Angela Stowe, and
Karen Walters were clerical employees (referred to collectively as
“Employees”) of the Rockville Training Center. Employees filed grievances
with the State Employees’ Appeals Commission (“SEAC”) complaining of
unlawful pay disparity. More specifically, Employees contended they were
required to work 40 hours per week for the same biweekly salary received by
employees in the same job classification at state offices who were required
to work only 37.5 hours per week. The SEAC denied Employees’ complaint.
Upon judicial review the trial court reversed the decision in part, finding
among other things that Employees were entitled to back pay beginning from
the date of hire. The SEAC appealed, and the Court of Appeals in separate
opinions determined that the employees were entitled to back pay but only
for a time period beginning ten days before they filed their respective
complaints. See State Employees’ Appeals Comm’n v. Bishop, 721 N.E.2d 881(Ind. Ct. App. 1999); State Employees’ Appeals Comm'n v. Greene,716 N.E.2d 54
(Ind. Ct. App. 1999).
In seeking transfer[1] Employees argue among other things that the
Court of Appeals’ opinion conflicts with State v. Martin, 460 N.E.2d 986
(Ind. Ct. App. 1984). The result in that case allowed a group of Indiana
State Prison teachers to obtain back pay from the time the pay disparity
first affected them. Id. at 991. In this case the trial court relied on
Martin in reversing the decision of the SEAC but the Court of Appeals did
not. We hereby grant transfer and summarily affirm the opinion of the
Court of Appeals. Ind. Appellate Rule 11(B)(5). The decision in State v.
Martin is disapproved.
SHEPARD, C.J., and DICKSON and BOEHM, JJ., concur.
SULLIVAN, J., not participating.
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[1] By Order issued contemporaneously with this opinion, we sua
sponte consolidated the two appeals to consider the pending petitions to
transfer.