Administrative – State Employee Grievance Procedure Act – Full Time Equivalent Employee

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The administrative law court is permitted to remand to the State Employee Grievance Committee to make factual findings.

We affirmed the administrative law court’s order.

South Carolina Technical College System (SCTCS) appealed the administrative law court’s (ALC) order, which upheld the State Employee Grievance Committee’s determination that Carla Jackson was a full time equivalent (FTE) employee, covered under the State Employee Grievance Procedure Act, and was terminated without cause. SCTCS argued the Committee and the ALC lacked subject matter jurisdiction because Jackson was not an employee covered by the Act and, therefore, had no right to a grievance hearing.

First, SCTCS contended the ALC erred in remanding to the Committee to make factual findings on a jurisdictional issue. SCTCS averred the determination of Jackson’s employment status is a question of subject matter jurisdiction that the ALC could determine. We disagreed. The ALC did not err in remanding to the Committee because the ALC is permitted to remand to the Committee to make factual findings. Further, the question of which role Jackson held at the time of her termination is one based in fact.

Next, SCTCS contended Jackson held the position of interim dean at the time of her termination, which is not an FTE position covered by the Act. We disagreed. There is substantial evidence that Jackson was an administrative coordinator and a covered employee under the Act at the time of her termination. Further, Jackson’s employment status is a factual question that was answered by the Committee and the ALC. This court defers to the ALC’s findings on such issues. We found substantial evidence exists that demonstrates Jackson was an administrative coordinator and an FTE employee with grievance rights under the Act.

Further, SCTCS argued the ALC erred by refusing to hear the merits of its appeal. We disagreed. Generally, a court does not retain jurisdiction of an appeal after remand unless it specifically retains jurisdiction. The ALC’s order of remand did not specifically state that it retained jurisdiction of SCTCS’s 2018 appeal. Therefore, the ALC did not err in refusing to address the merits of SCTCS’s appeal.

Affirmed.

South Carolina Technical College System v. Jackson (Lawyers’ Weekly No. 012-036-24, 7 pp.) (Per Curiam) Appealed from The Administrative Law Court (Ralph King Anderson III, ALJ) Andrew F. Lindemann, of Lindemann Law Firm, P.A., and Warren V. Ganjehsani, of South Carolina Technical College System, both of Columbia, for appellant; Shannon Marie Polvi, of Cromer Babb & Porter, LLC, of Columbia, for respondent. South Carolina Court of Appeals Unpublished