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Garrett Ramos v. The Electric Employees' Civil Service And Pension Board Of The Metropolitan Government Of Nashville And Davidson County

Tenn. Ct. App.December 23, 2020No. M2020-00324-COA-R3-CV
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Case Details

Judge(s)
Judge Kenny Armstrong
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal from Chancery Court of Davidson County affirming Board decision

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court affirmed the Board's decision to uphold NES's revocation of an unauthorized raise, finding substantial and material evidence supported the decision and it was neither arbitrary nor capricious.

Excerpt

Appellant, a Lineman with the Nashville Electric Service ("NES"), filed a grievance with Appellee Electric Employees' Civil Service and Pension Board (the "Board") after the NES revoked Appellant's unauthorized raise. The Administrative Law Judge ("ALJ") held that the facts supported the NES' decision to withdraw the raise, and the Board adopted that finding. Appellant appealed to the Chancery Court of Davidson County ("trial court"). The trial court held that there was substantial and material evidence to support the Board's decision and that the decision was neither arbitrary nor capricious. Discerning no error, we affirm.

What This Ruling Means

**What Happened** Garrett Ramos, a lineman for Nashville Electric Service (NES), received a pay raise that was later discovered to be unauthorized. When NES found out about the mistake, they took back the raise. Ramos disagreed with this decision and filed a grievance with the Electric Employees' Civil Service and Pension Board. An administrative judge reviewed the case and ruled that NES was right to remove the unauthorized raise. The Board agreed with this decision. Ramos then appealed to a higher court, arguing the decision was unfair. **What the Court Decided** The Tennessee Court of Appeals sided with NES and the Board. The court found that there was enough evidence to support taking back the unauthorized raise. They determined that NES's decision was reasonable and not arbitrary or unfair. **Why This Matters for Workers** This case shows that employers can legally reverse pay increases that were given by mistake or without proper authorization, even after employees have been receiving the higher pay. Workers should understand that unauthorized raises - no matter how long they've been receiving them - may not be permanent if the employer can prove they were given in error.

This summary was generated to explain the ruling in plain English and is not legal advice.

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