Database Search Result Details

First Name RUTH/LINDA
Last Name BLANKENSHIP/O'BRYANT
Decision Date 11/26/1986
Docket Number 20-86-012
ALJ LC
Respondent KANAWHA COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title CUSTODIAN IV/CUSTODIAN III
Topics DISCRIMINATION
Primary Issues Required custodial staffing authority of BOE.
Outcome DENIED
Statutes 18-5-13(1)
Related Cases 324 S.E.2d 352 (W.VA. 1984), SIGMON V. ROANE
Keywords CUSTODIAL STAFF, REVIEW
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis There are no statutory provisions regulating the number of custodians required to maintain the schools in a sanitary condition and the boards of education have great latitude in the exercise of discretion in adopting formulae for that purpose. It is only when BOE's abuse their discretion or act in an arbitrary or capricious manner in the exercise of this discretion that their decisions thereon can be reviewed in the grievance procedure. In view of the substitute and overtime system utilized by school officials to meet the custodial staffing problem the decision to reduce the custodial staff at Charles High School and other local schools is not arbitrary or unreasonable.

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