Database Search Result Details
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First Name
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KENNETH
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Last Name
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BILLICK
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Decision Date
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6/30/1987
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Docket Number
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35-86-370-3
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ALJ
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NK
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Respondent
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OHIO 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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PAY; EXTRA DUTY
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Primary Issues
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Supplement Bus Run
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Outcome
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DENIED
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Statutes
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18A-4-8b(b), 18A-4-16
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Related Cases
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351 S.E.2D 58 (W.VA. 1986), BOYD MAYLE V. BARBOUR
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Keywords
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UNWRITTEN ORAL AGREEMENTS, WAIVED, DEVIATE, RETENTION
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Gr's claim entitlement on basis of seniority, to specific supplemental runs they previously waived and which were held by less senior drivers. DECISION: School law permits that a service employee may negotiate terms and conditions as well as agree upon procedures for dispensation of extra employment for duties and assignments in addition to their regularly contracted assignment. The BOE has chosen to award compensation to bus operators who drive supplemental runs and, absent the employees agreement to the contrary, are bound by applicable school law in the dispensation, remuneration, retention and/or cessation of all work assignments. Unwritten oral agreements between bus operators and County school officials to deviate from statutory requirements regulating certain work assignments, specifically the allocation of supplemental runs, are deemed permissible, valid and enforceable under existing relevant law.
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