Database Search Result Details
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First Name
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REBECCA
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Last Name
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SPROUT
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Decision Date
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9/11/1989
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Docket Number
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17-86-124
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ALJ
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SK
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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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SECRETARY
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Topics
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EMPLOYMENT CONTRACT
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Primary Issues
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Work Hours
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-2-6, 18A-4-8
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Related Cases
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357 S.E.2D 246
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Keywords
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CONTRACT; WORK DAY; MANDAMUS; RECONSIDER; CONSENT; LACHES; INCREASE HOURS
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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 #89-P-111-2; Grievant appealed to Kanawha County, Civil Action #88-AA-188, Settled and dismissed 8/7/92
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Supreme Court
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Synopsis
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GRIEVANT ALLEGES VIOLATION OF W.VA. CODE 18A-2-6, 18A-4-16 AND 18A-4-8 WHEN SHE WAS REQUIRED TO WORK ONE-HALF HOUR LONGER PER DAY THAT HER EMPLOYMENT CONTRACT STIPULATED. GRIEVANT WORKED SIX AND ONE-HALF HOURS PER DAY UNTIL 1979 WHEN SHE WAS ADVISED THAT SHE WAS TO WORK SEVEN HOURS PER DAY. SHE WORKED SEVEN HOURS PER DAY DURING THE 1979-80 SCHOOL TERM; SIX AND ONE-HALF HOURS IN SEPTEMBER AND OCTOBER 1980 AND JANUARY 1981 BUT SEVEN HOURS THE REMAINDER OF THE 1980-81 TERM, SEVEN HOURS IN 1981-82, SIX AND ONE-HALF HOURS IN SEPTEMBER AND OCTOBER 1982, SEVEN HOURS THE REMAINDER OF THE TERM AND TO THE PRESENT. A GRIEVANCE FILED IN JANUARY 1985 WAS GRANTED BY THE BOARD OF EDUCATION AT LEVEL FOUR ON 3-27-85 BUT REVERSED ITS DECISION ON 8-20-85. GRIEVANT FILED A PETITION FOR WRIT OF MANDAMUS WITH THE CIRCUIT COURT AND REQUESTED THE COURT TO ORDER THE BOARD TO REINSTATE ITS ORIGINAL DECISION GRANTING THE GRIEVANCE. THE COURT DENIED THE PETITION AND UPHELD THE BOARD'S RIGHT TO RECONSIDER A DECISION AND ADVISED THE GRIEVANT TO CONTINUE TO SEEK RELIEF UTILIZING EXISTING ADMINISTRATIVE REMEDIES. GRIEVANT FILED A LEVEL FOUR GRIEVANCE WITH THE EDUCATION AND STATE EMPLOYEES GRIEVANCE BOARD ON 4-25-88. DECISION: GRANTED IN PART; DENIED IN PART. INCREASING THE NUMBER OF HOURS TO BE WORKED WITH NO COMMENSURATE INCREASE IN SALARY AND WITHOUT THE GRIEVANT'S WRITTEN CONSENT WAS IN VIOLATION OF W.VA. CODE 18A-2-6 AND 18A-4-8. THE DOCTRINE OF LACHES PROHIBITS RECOVERY PRIOR TO THE FILING OF THE ONGOING GRIEVANCE BUT THE GRIEVANT IS ENTITLED TO COMPENSATION FOR THE ADDITIONAL HALF-HOUR OF WORK EFFECTIVE JANUARY 28, 1985 AT THE APPLICABLE RATE OF PAY.
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