Database Search Result Details
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First Name
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Scott
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Last Name
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Zanders
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Decision Date
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3/8/2017
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Docket Number
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2016-1448-WayED
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ALJ
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BTC
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Respondent
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Wayne 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 Driver
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Topics
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Extracurricular Pay
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Primary Issues
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Whether Grievant proved Respondent violated the uniformity provisions.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-5b; W. Va. Code § 18A-4-16(1)
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Related Cases
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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); Stanley v. Hancock County Bd. of Educ., Docket No. 95-15-217 (Sept. 29, 1995); Lockett v. Fayette County Bd. of Educ., Docket No. 01-10-477 (Dec. 28, 2001); Adkins v. Lincoln County Bd. of Educ., Docket No. 97-22-105 (Sept. 24, 1997); Swisher et al. v. Preston County Bd. of Educ., Docket No. 39-87-266-2 (Apr. 29, 1988)
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Keywords
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Uniformity of Compensation; Extracurricular Pay
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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 is employed by Respondent as a Bus Operator. Grievant asserted he was not provided uniform compensation. The employees to whom Grievant compared himself were performing an extracurricular duty when they were required to take extra time to pick up Aides away from their regular bus routes. Grievant was not performing an extracurricular duty as picking up the Aide was included in his route, and did not take extra time as it was on the route. Grievant failed to prove Respondent violated the uniformity provisions as Grievant was not performing an extracurricular duty like the compared employees. Accordingly, the grievance is denied.
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