Database Search Result Details
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First Name
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KAREN/PEGGY
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Last Name
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CONNER/MOSS
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Decision Date
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8/31/1989
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Docket Number
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01-88-261
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ALJ
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SK
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Respondent
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BARBOUR 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 OPERATORS
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Topics
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CONDITIONS OF EMPLOYMENT; SALARY
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Primary Issues
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CALCULATION MAY BE REVISED TO INSURE CORRECT PAY
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Outcome
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DENIED
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Statutes
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18A-4-8
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Related Cases
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Keywords
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BENEFITS; COMPENSATION; ASSIGNMENTS; PAY
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 10/5/89, Civil Action #89-AA-181, Affirmed 7/9/91
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Supreme Court
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Synopsis
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GRIEVANTS ARE BUS OPERATORS WHO ALLEGE A VIOLATION OF W.VA. CODE 18A-4-8 WHEN THE BOARD CHANGED ITS METHOD OF COMPUTING THEIR EARNINGS FOR EXTRA-DUTY ASSIGNMENTS. BEGINNING IN 1988, THE BOARD DEDUCTED PAYMENT FOR REGULAR RUNS WHICH THE GRIEVANTS MISSED IN ORDER TO ACCEPT EXTRA-DUTY ASSIGNMENTS. PREVIOUSLY, THE BOARD HAD PAID THEM FOR THEIR REGULAR RUNS AND DEDUCTED THE TIME MISSED FROM THE EXTRA DUTY WAGES THE CHANGE HAS RESULTED IN THEIR RECEIVING LESS INCOME WHEN THEY MISS THEIR REGULAR RUN TO ACCEPT AN EXTRA DUTY ASSIGNMENT.
DECISION: DENIED. PRIOR TO 1988 THE BOARD HAD IMPROPERLY COMPENSATED GRIEVANTS FOR ASSIGNMENTS COMPLETED UNDER TWO DIFFERENT RATES OF PAY. A MISTAKE IN COMPENSATION IS NOT A BENEFIT PROTECTED BY W.VA. CODE 18A-4-8 AND SHOULD BE CORRECTED.
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