Database Search Result Details
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First Name
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FLORA
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Last Name
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CLEVENGER
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Decision Date
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4/10/1987
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Docket Number
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17-86-261-3
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ALJ
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NK
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Respondent
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HARRISON COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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CUSTODIAN IV
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Topics
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TIMELINESS/ESTOPPEL AGAINST EMPLOYER
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Primary Issues
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Conditions of Employment; 261-Contract; Classification
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Outcome
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GRANTED
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Statutes
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18A-4-8
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Related Cases
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CONNIE CASTO V. KANAWHA, MARY DAVIS V. KANAWHA
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Keywords
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CONDITIONS, CONTRACT, CLASSIFICATION, TIMELINESS, ESTOPPEL CONSENT, EQUITABLE RELIEF, RELIEF
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Harrison County, Civil Action #87-P-46-2, Dismissed for failure to pursue 8/26/91, Settled 7/6/95
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Supreme Court
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Synopsis
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GR ALLEGED SHE WAS WRONGFULLY REQUIRED TO FORFEIT A 261 DAY CONTRACT IN ORDER TO BE UPGRADED IN CLASSIFICATION. NO SERVICE EMPLOYEE, WITHOUT HIS WRITTEN CONSENT MAY BE RELEGATED TO ANY CONDITION OF EMPLOYMENT WHICH WOULD REDUCE HIS BENEFITS FOR WHICH HE WOULD QUALIFY BY CONTINUING IN THE SAME POSITION AND CLASSIFICATION CURRENTLY OR SUBSEQUENTLY HELD.
BOARD IS ESTOPPED AT LEVEL FOUR FROM ALLEGING A GRIEVANCE IS UNTIMELY FILED WHEN IT DID NOT RAISE THE ISSUE AT PREVIOUS LEVELS AND IN ITS OWN PROCESSING OF THE GRIEVANCE DID NOT MEET REASONABLE TIME LINES.
PURSUANT TO WV CODE, 18-29-5, HEARING EXAMINERS MAY RESOLVE GRIEVANCES AND FASHION FAIR AND EQUITABLE RELIEF NOT INCONSISTENT WITH WV CODE 18-29-1
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