Database Search Result Details
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First Name
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Amy
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Last Name
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Gerrard, et al.
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Decision Date
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2/2/2017
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Docket Number
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2016-1393-CONS
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ALJ
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LGB
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Respondent
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Brooke 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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Aide
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Topics
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Classification
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Primary Issues
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Whether Respondent properly notified Grievant that her contract as an ECCAT was being terminated.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-4-8a(a)(2); W. Va. Code § 18-5-18(b)
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Related Cases
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Dillon v. Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Trimboli v. Bd. of Educ., 163 W. Va. 1, 254 S.E.2d 561 (1979); Fruehauf Corp. v. Huntington Moving & Storage Co., 159 W. Va. 14, 217 S.E.2d 907 (1975); Adkins v. Fayette County Bd. of Educ., Docket No. 2015-1620-FayED (Oct. 19, 2016); Riffle v. Webster County Bd. of Educ., Docket No. 04-51-122 (July 30, 2004); Taylor v. Pocahontas County Bd. of Educ., Docket No. 05-38-213 (Oct. 14, 2005), aff’d, Cir. Ct. of Kanawha County No. 05-AA-178 (Mar. 22, 2006); Board of Education v. Hunley, 169 W. Va. 489, 288 S.E.2d 524 (1982); Cowger v. Webster County Bd. of Educ., Docket No. 92-51-230 (Mar. 29, 1993), aff’d, Cir. Ct. of Kanawha County No. 93-AA-101 (Sept. 9, 1994)
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Keywords
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ECCAT Certification; Seniority; Training; Reduction in Pay; Contract; Arbitrary and Capricious
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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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Grievant was transferred from an ECCAT Kindergarten position to an Aide position in another school, although she held more seniority as an ECCAT than at least one other service employee in an ECCAT position, who was allowed to maintain her ECCAT position. Although ECCATs are Aides who are qualified to fill other Aide positions, a more senior Aide who lacks ECCAT certification is not permitted to fill an ECCAT position. In addition, ECCATs are in a higher pay grade than Aides. Thus, Grievant suffered a loss in pay as a result of being transferred to an Aide position.
The school board failed to comply with W. Va. Code § 18A-4-8g(d) which, when read in Pari materia with W. Va. Code § 18A-4-8e, 18A-4-8 and 18A-4-8a, requires a board needing to reduce the number of ECCATs by reduction in force, to eliminate the ECCAT with the least seniority. Instead, Grievant was required to displace a less senior Aide. In addition, the school board failed to follow W. Va. Code § 18A-2-6 when it omitted any reference to that statute, or the proposed termination of Grievant’s contract as an ECCAT, when it notified Grievant that she was being proposed for transfer in accordance with W. Va. Code § 18A-2-7. Therefore, this grievance must be granted.
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