ILNews

Court rules nurse pay plan proper

Jennifer Nelson
January 1, 2007
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The Court of Appeals ruled today Indiana's restructured pay plan for nurses was rational and proper, reversing the judgment of the trial court.

In Madison State Hospital, Indiana Family & Social Services Administration, and State Personnel Department V. Karen L. Ferguson, 09A04-0703-CV-259, the Court of Appeals reversed the trial court's award of relief to Karen Ferguson. Ferguson, a Nurse Supervisor 5 at Madison State Hospital, and six other nurse supervisors, filed separate complaints with the State Employee Appeals Commission, arguing the 2000 pay scale for nurse supervisors and night nurses was improper because night nurses were being paid more despite the fact nurse supervisors would supervise them.

The pay range for nurse supervisors in 2000 was $43,316 to $60,320 and night nurses $49,036 to $65,356. The state had a difficult time attracting and retaining night nurses, so it increased their pay to more than what a nurse supervisor typically made.

The SEAC consolidated all the complaints and an administrative law judge ruled in favor of the nurse supervisors.

The state appealed, and the SEAC reversed the administrative law judge's ruling. The complainants sought judicial review of the SEAC ruling, and the trial court reversed the decision and remanded to the agency.

All the nurses settled with the state except Ferguson, who filed a second petition for judicial review in May 2006. Ferguson believed the SEAC erroneously found in the state's favor on remand. The trial court then ruled in her favor in January 2007 and again remanded to the SEAC. In February 2007, the state filed notice of its appeal of the trial court's ruling.

The Court of Appeals ruled even though nurse supervisors and night nurses are considered by the state in the same category, the state presented sufficient evidence to support its pay plan. The state collected data from national and local market surveys to determine how much to pay night nurses to work in Indiana. Turnover was not high for nurse supervisors, and even though they too received a raise with the revised pay scale, it was not as high as the pay for night nurses. The Court of Appeals decided the SEAC did not abuse its discretion or act arbitrarily by denying Ferguson's petition and agreed raising the salaries for night nurses above the nurse supervisor's pay is rational and appropriate for the state to do.
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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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