Database Search Result Details

First Name Michael
Last Name Chandler, et al.
Decision Date 2/23/2016
Docket Number 2015-1018-CONS
ALJ BLG
Respondent Kanawha County Board of Education
Employment Type SERV
Job Title Maintenance Employees
Topics Leave Reinstated
Primary Issues Whether Grievants were similarly situated to other employees who were not required to report to work.
Outcome Denied
Statutes W. Va. Code § 6C-2-2(d); W. Va. Code §18A-5-2; W. Va. Code § 18A-4-5b
Related Cases Spencer, et al., v. Kanawha County Board of Education, Docket No. 2015-1004-CONS (January 14, 2016); Flint v. Bd. of Educ., 207 W. Va. 251, 257, 531 S.E.2d 76, 82 (1999); Bd. of Educ. V. White, 216 W. Va. 242, 605 S.E.2d 814 (2004); Sisson v. Raleigh County Bd. of Educ., Docket No. 2009-0945-CONS (Dec. 18, 2009); Clark, et al., v. Preston County Bd. of Educ., Docket No. 2013-2251-CONS (July 22, 2014); Crockett and May v. Wayne County Bd. of Educ., Docket No. 2014-1698-CONS (Feb. 19, 2015); Sullivan, et al., v. Jackson County Board. of Education, Docket No. 96-18-087 (August 30, 1996); Bd. of Educ. v. Airhart, 212 W. Va. 175, 569 S.E.2d 422 (2002); Covert v. Putnam County Bd. of Educ., Docket No. 99-40-463 (Feb. 29, 2000); Lockett v. Fayette County Bd. of Educ., Docket No. 01-10-477 (Dec. 28, 2001)
Keywords Snow Days; School Closing; Discrimination; Favoritism; Uniformity; Similarly Situated; Leave; Essential Employees
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievants are employed by Respondent in the Maintenance Department. On March 5, 2015, a winter storm hit Kanawha County toppling trees and power lines in some areas, causing flooding, and leaving roads snow-covered. Although Kanawha County schools were closed for the day, employees of the Maintenance Department, including Grievants, were required to report to work. Most of the Grievants were unable to report to work due to road conditions, flooding, or downed trees and power lines. Those Grievants who did not report to work were required to take a personal or vacation day. Those school service personnel who were not required to report to work, including secretaries employed in the Maintenance Department, were not required to use personal leave time even though they did not report to work. Grievants did not produce evidence that any similarly situated employee was treated differently than any of the Grievants with regard to the requirement to report to work on this date or take leave time. Grievants did not prove their claims of discrimination, favoritism, or a violation of the uniformity provision.

Back to Results Search Again