Database Search Result Details
|
First Name
|
DAVID
|
|
Last Name
|
ROBBINS
|
|
Decision Date
|
2/28/1990
|
|
Docket Number
|
89-33-697
|
|
ALJ
|
SA
|
|
Respondent
|
MCDOWELL COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
TEACHER
|
|
Topics
|
PAY UNIFORMITY
|
|
Primary Issues
|
|
|
Outcome
|
GRANTED, IN PART; DENIED, IN PART
|
|
Statutes
|
18A-4-5A
|
|
Related Cases
|
MCCLANAHAN V. LINCOLN CB
|
|
Keywords
|
UNIFORMITY
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to McDowell County, Civil Action #90-C-310-M, Reversed and Remanded to BOE
|
|
Supreme Court
|
Reversed and remanded to BOE, 186 W.Va. 141, 411 S.E.2d 466
|
|
Synopsis
|
GS WERE FOUND TO HAVE PROVEN A UNIFORMITY VIOLATION BUT HAD SHOWN THEY WERE ENTITLED TO A CERTAIN INCREMENTAL PAY. THREE VOCATIONAL TEACHERS HIRED AFTER A CERTAIN DATE ARE PAID LESS THAN TEACHERS HIRED EARLIER AS THE RESULT OF A CHANGE IN HIRING PAY POLICY. APPEALED SUPREME COURT, NO. 20113, FILED 11/1/91 NEITHER THE GRIEVANCE BOARD NOR THE CIRCUIT COURT WAS ABLE TO RESOLVE THIS ISSUE. THIS IS UNDERSTANDABLE SINCE THERE WAS NO AUTHORITATIVE GUIDANCE FROM THIS COURT AS TO THE PROPER CONSTRUCTION OF WV CODE, 18A-4-5A. THE BOARD HERE DECIDED TO STOP PAYING THE SUPPLEMENTAL EXPERIENCE INCREMENT TO NEW TEACHERS IN 1984. IT SHOULD HAVE TAKEN THE ADDITIONAL STEP OF RESCINDING PAYMENTS TO THE INDIVIDUALS WHO HAD RECEIVED THE SUPPLEMENT PRIOR TO 1984. THIS WOULD BE REQUIRED BY THE UNIFORMITY LANGUAGE IN THE SECOND PARAGRAPH OF WV CODE, 18A-4-5A. THE JUDGMENT OF THE CIRCUIT COURT IS REVERSED AND THE CASE IS REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
|
Back to Results
Search Again