Database Search Result Details

First Name JOHN
Last Name MAYLE
Decision Date 12/21/1989
Docket Number 89-01-039
ALJ SK
Respondent BARBOUR COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics EXTRA DUTY
Primary Issues Driver not released from regular run; relagation.
Outcome GRANTED
Statutes 18A-4-8;18A-4--29-3(H).
Related Cases HOSAFLOOK, 346 S.E.2D 685 (1986); SMITH, 341 S.E.2D 685 (1985)
Keywords RELEGATION
Intermediate Court of Appeals
Circuit Court Respondent appealed to Barbour County, 1/28/91, Civil Action #90-P-3; 1/28/91; Withdrawn 10/8/92
Supreme Court
Synopsis R CHANGED ITS POLICY SO THAT REGULARS DRIVERS WOULD NOT BE OFFERED A EXTRA-DUTY ASSIGNMENT IF IT WOULD INTERFERE OR OVERLAP WITH A REGULAR RUN. AS A RESULT THE RUN WAS OFFERED TO A SUBSTITUTE. THIS DEPRIVED REGULAR OPERATORS AN OPPORTUNITY TO EARN EXTRA INCOME AND VIOLATED THE NO RELEGATION STATUTE W.VA. CODE, 18A-4-8. THE STATUTE APPLIES TO BOTH EXTRA-DUTY AND EXTRACURRICULAR DUTIES.

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