Database Search Result Details
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First Name
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LUCIAN
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Last Name
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ISAACS, ET AL.
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Decision Date
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1/12/1990
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Docket Number
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89-22-555
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ALJ
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SA
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Respondent
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LINCOLN 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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BUS OPERATOR
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Topics
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COMPENSATORY TIME
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Primary Issues
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Whether bus driver's were entitled to compensatory time off based prior practice of awarding such benefits.
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Outcome
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GRANTED
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Statutes
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Policy 8-09
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Related Cases
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Keywords
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ESTOPPEL; RELIANCE; DETRIMENT
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievants, bus operators, allege a violation of 'past practice' for Respondent's not giving them a compensatory day for attending Rodeo Day and contend that they relied on the assurances of the transportation director that they would receive the compensation. DECISION: GRIEVANCE GRANTED in part. Regarding their 'past practice' argument, Grievants simply refer to W.Va. Code 18-29-2(a), the definition of grievance. Nothing in that definition 'necessitates that, just because a board of education has an action one year, it must do the same thing the next, and Grievants have not indicated that there was any legal requirement that Respondent provide compensatory time for participants in the rodeo, as it had in the prior years.' Regarding their equitable reliance argument, only one Grievant established detrimental reliance by testifying he would not have participated if he had not been promised compensatory time. Respondent's asserted defense, that the director did not have authority to approve compensatory time, not supported. Also, not showing that overtime not approved prior to day of rodeo.
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