Database Search Result Details
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First Name
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James
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Last Name
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Jackson
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Decision Date
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3/6/2017
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Docket Number
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2016-0879-KanED
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ALJ
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RLR
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Respondent
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Kanawha County Board of Education and Bernard Balser, Intervenor
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Employment Type
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SERV
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Job Title
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Carpenter II
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that the selection process was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8(i)(85)
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Related Cases
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Hancock County Bd. of Educ. v. Hawken, 209 W. Va. 259, 546 S.E.2d 258 (1999); Ohio County Bd. of Educ. v. Hopkins, 193 W. Va. 600, 457 S.E.2d 537 (1995); Nottingham v. Kanawha County Bd. of Educ., Case No. 15-0602, June 21, 2016
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Keywords
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Selection; Minimum Qualifications; 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 claims that the Kanawha County Board of Education failed to properly consider his seniority and his past service when it hired a less senior applicant. Respondent argues that Grievant’s satisfactory evaluations and lengthy seniority were considered, but those factors could not overcome Grievant’s failure to meet the necessary qualifications for the supervisory position. Based upon the record of this case and applicable case law, the undersigned concludes that Grievant failed to demonstrate by a preponderance of the evidence that the selection of Intervenor for the position of Supervisor of Maintenance was arbitrary and capricious or an abuse of discretions.
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