Database Search Result Details
|
First Name
|
CARL
|
|
Last Name
|
STEELE, ET AL.
|
|
Decision Date
|
10/19/1989
|
|
Docket Number
|
89-50-260
|
|
ALJ
|
DC
|
|
Respondent
|
WAYNE COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
PROFESSIONAL/SERVICE EMPLOYEE
|
|
Topics
|
DISCRIMINATION; PAY
|
|
Primary Issues
|
TIMELINESS; compensation
|
|
Outcome
|
GRANTED, IN PART; DENIED, IN PART
|
|
Statutes
|
18-29-4(a); 18A-4-5a; 18A-4-5b; 18-29-2(m).
|
|
Related Cases
|
___S.E. 2D___ (WV JUNE 28, 1989); 644 F. 2D.
|
|
Keywords
|
UNIFORMITY; DISCRIMINATION; FAVORITISM
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
GRIEVANTS, PROFESSIONAL AND SERVICE PERSONNEL, HAD CONTRACTS FOR SUMMER 1988. RESPONDENT CANCELLED SUMMER SCHOOL FOR 1988 AND DID NOT OFFER GRIEVANTS ACTUAL EMPLOYMENT OR PAY. OTHER PERSONNEL HAD BEEN SUCCESSFUL AT LEVEL IV IN CHALLENGING THIS, AND THESE EMPLOYEES FILED THIS GRIEVANCE BASED ON THAT SUCCESS. RESPONDENT HAD ALSO PAID A TEACHER WHO WAS NOT PARTY TO ANY PREVIOUS GRIEVANCE, HOWEVER. DECISION: GRIEVANTS DID NOT HAVE A CLAIM BASED ON THE SUCCESS OF THE PREVIOUS GRIEVANCES, AND RESPONDENT'S TIMELINESS ARGUMENT PREVAILS TO THAT EXTENT. PAYMENT TO THE NON-GRIEVANT CONSTITUTES 'DISCRIMINATION: WITHIN THE MEANING OF W.VA. CODE 18-29-2(M), EVEN THOUGH PAYMENT WAS APPARENTLY BASED ON A GOOD-FAITH MISINTERPRETATION OF A PREVIOUS GRIEVANCE DECISION. PRIMA FACIE SHOWING STANDARD APPLIED. GRIEVANTS' LACK OF UNIFORMITY ARGUMENT (CODE 18A-4-5A) FAILS, AND THEIR CODE 18-29-2(O) 'FAVORITISM' CONTENTION IS NOT ADDRESSED.
|
Back to Results
Search Again