Database Search Result Details
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First Name
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JOHN
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Last Name
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OBLINGER
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Decision Date
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1/5/1990
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Docket Number
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89-22-552
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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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PROF
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Job Title
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HOMEBOUND TEACHER
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Topics
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SUPPLEMENTAL PAY
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Primary Issues
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Whether entitled to payment for textbook coordinator work he performed and whether entitled to that position.
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Outcome
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DENIED
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Statutes
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18A-4-5A; 18A-2-7.
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Related Cases
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HANSHAW V. MCDOWELL COUNTY BOE; ANDREWS V. PUTNAM COUNTY BOE
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Keywords
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SUPPLEMENTAL PAY; OVERTIME; FLSA
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Lincoln County, Civil Action #90-AA-2; Reversed in part and affirmed in part, 12/10/91, Stevens
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Supreme Court
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Synopsis
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GRIEVANT HAD FOR SEVERAL YEARS ASSISTED THE TEXTBOOK COORDINATOR AND HAD TAKEN OFF AS COMPENSATORY DAYS THE TIME HE WORKED IN THE SUMMER. IN SUMMER 1988 RESPONDENT VOTED TO RECLASSIFY GRIEVANT AS 'HOMEBOUND TEACHER/TEXTBOOK COORDINATOR' UNDER ASSUMPTION THAT PRIOR COORDINATOR WOULD RETIRE. HOWEVER, HE DID NOT, AND GRIEVANT WAS PROHIBITED FROM WORKING AS COORDINATOR IN SUMMER 1989. DECISION: GRIEVANCE DENIED. NOTHING TO SUPPORT GRIEVANT'S CONTENTION THAT HE IS ENTITLED TO AN EXTRA-CURRICULAR SUMMER CONTRACT AND THE RECORD DOES NOT ESTABLISH THAT HE IS ENTITLED TO SUPPLEMENTAL PAY UNDER W.VA. CODE 18A-4-5A. THE EVIDENCE WAS INSUFFICIENT TO ESTABLISH THAT HIS WORK WAS EQUAL TO THAT OF OTHER COORDINATORS WHO RECEIVE SUPPLEMENTAL PAY. IMPLICATION THAT GRIEVANT WAS SUMMERTIME COORDINATOR FROM FACT THAT HE SO WORKED IN SUMMER 1988, BUT NOTHING ON RECORD ESTABLISHES THAT HE IS ENTITLED TO RELIEF FOR THERE WAS NO SHOWING THAT HE WAS ENTITLED TO DO WORK IN THE SUMMER. NO SHOWING THAT HE IS ENTITLED TO TIME-AND-A-HALF PAYMENT UNDER THE POLICY INCORPORATING THE REQUIREMENTS OF THE FEDERAL LABOR STANDARDS ACT, FOR HE DID NOT WORK 'OVERTIME' UNDER THE TERMS THEREOF.
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