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STATE EX REL. KINGSBURY v. CAPERTON

No. 22089.

441 S.E.2d 662 (1994)

190 W.Va. 699

STATE of West Virginia ex rel. James KINGSBURY, Paul Westbrook, Nancy Law, Jerry Lilly, Jarry Payne, Pam Wiley, and the West Virginia State Employees Union, Relators, v. Honorable Gaston CAPERTON, Governor of the State of West Virginia; Robert L. Stephens, Jr., Director of the Division of Personnel; Lowell T. Basford, Assistant Director of the Division of Personnel; State Personnel Board; and John A. Canfield, Reverend Paul J. Gilmer, Sharon Lynch, Roger Morgan and Eugene Stump, Members of Said Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 18, 1994.

Attorney(s) appearing for the Case

James M. Haviland, Crandall, Pyles & Haviland, Charleston, for relators.

Silas Taylor, Senior Deputy Atty. Gen., Charleston, for respondent Honorable Gaston Caperton, Governor of the State of W.Va.

Robert M. Nunley, Senior Asst. Atty. Gen., Charleston, for respondent Div. of Personnel.

PER CURIAM:

In this original proceeding in mandamus, the relators are state employees who are affected by the employee classification and pay plan (plan) that was developed by the respondent, the Director of the Division of Personnel and his staff. The claim is made that the plan is being implemented contrary to the mandatory provisions of W.Va.Code, 29-6-10(2) (1992).1 Also included as respondents

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