Database Search Result Details

First Name DAVID
Last Name WILLIAMS
Decision Date 3/31/1989
Docket Number 43-88-246/247
ALJ NK
Respondent RITCHIE COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title GENERAL MAINTENANCE/DRAFTSMAN
Topics COMPENSATION
Primary Issues Reduction in Term; Paid Vacation
Outcome GRANTED
Statutes 18A-4-8, 18A-2-6, 18A-2-7
Related Cases 288 S.E.2D 524 (W.VA. 1982)
Keywords VACATION
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant classified as general maintenance/draftsman on a 261-day continuing contract. He filed two grievances alleging he was denied vacation time and his salary had been improperly reduced in violation of W.Va. Code 18A-4-8. Board of Education modified Grievant's contract of employment to 220 days as 'Custodian III/General Maintenance/Groundsman' and did not provide him opportunity to be heard on the issue of modification. DECISION: GRANTED; the action of the Board of Education was done without the agreement of Grievant, violative of W.Va. Code 18A-4-8 and 18A-2-6. While W.Va. Code 18A-2-7 permits a board of education to reclassify and reassign its service personnel, timely procedural requirements of notice and hearing must be met for contract modification or termination.

Back to Results Search Again