details - Public Grievance Board

First Name	Kenzie
Last Name	Conley
Decision Date	11/16/2016
Docket Number	2016-1034-LogED
ALJ	BLG
Respondent	Logan County Board of Education
Employment Type	SERV
Job Title	Bus Operator
Topics	Extra-curricular Assignment
Primary Issues	Whether Respondent posted the assignment at issue in conspicuous places where it was available for all employees to view, in compliance with the statutory requirements.
Outcome	Denied
Statutes	W. Va. Code § 18A-4-8b(g)
Related Cases	Shinn v. Harrison County Bd. of Educ., Docket No. 89-17-290 (June 28, 1990); Quintrell v. Lincoln County Bd. of Educ., Docket No. 91-22-452 (Apr. 30, 1992); aff’d per curiam,, 195 W. Va. 347, 465 S.E.2d 618 (1995); Teller & Nelson v. Hancock County Bd. of Educ., Docket No. 98-15-299 (Nov. 28, 1998); Higgins, et al., v. Marion County Bd. of Educ., Docket No. 02-24-040 (Aug. 21, 2002)
Keywords	Conspicuous Places; Extra-Curricular Assignment; Posting
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant failed to apply for a posted extracurricular assignment, and did not receive that assignment, because he was not aware of the posting. The assignment was posted at the county central office in the postings notebook, on the county website which links to the state department of education website, and on the county hotline which is accessible to all employees by telephone. The assignment was not physically posted at the bus garage where Grievant is assigned, as is normally the case. Grievant knew the assignment would be posted and checked the bulletin board at the bus garage to which he is assigned every day. Grievant did not check the county or state website, the county automated calling system, or at the county central office, although he was aware that the county uses these mechanisms to post vacancies. Respondent posted the assignment in conspicuous places as it is required to do by statute.

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