Database Search Result Details
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First Name
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STEPHEN/ORPHA
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Last Name
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LIGHT/MUMMA
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Decision Date
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5/30/1989
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Docket Number
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89-22-144
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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/BUS AIDE
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Topics
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UNIFORMITY IN PAY; TIMELY
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Primary Issues
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Timeliness; Uniformity in contract with reference to pay.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18-29-2(a), 18-29-4(a)(1), 18A-4-5b
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Related Cases
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376 S.E.2D 612 (W.VA. 1988)
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Keywords
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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, special education bus operator and bus aide, allege breach of contracts, which provided for transport of 'one child from Guyan Valley,' and violation of uniformity provision of 18A-4-5b, because the vocational runs are paid at higher rate. Respondent contends grievances were untimely since they were filed more than 15 days after the assignment was made and denies any illegality. While Respondent does not deny that assignment of student was contrary to Grievants' contracts, it contends that the addition did not 'substantially alter their run.' DECISION: Since grievances were filed prior to the last day the extra student was transported, that part of grievance was timely. Regarding the remainder, since Grievants reasonably relied on supervisor's assurances that the matter would be resolved, grievance is not barred. There was no showing that the vocational runs involved 'like assignments' or 'like duties,' so lack of uniformity was not proven. Regarding Respondent's breach of contract the assignment added one-half hour to the run and grievants are entitled to compensation therefore.
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