Database Search Result Details
|
First Name
|
Ronald
|
|
Last Name
|
Shaffer
|
|
Decision Date
|
3/29/2017
|
|
Docket Number
|
2016-1063-KanED
|
|
ALJ
|
SLB
|
|
Respondent
|
Kanawha County Board of Education
|
|
Employment Type
|
SERV
|
|
Job Title
|
Heavy Equipment Operator
|
|
Topics
|
Extra-Duty Assignment
|
|
Primary Issues
|
Whether Grievant established that he was entitled to assignment of the extra-duty work at issue.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 18 A-4-8b
|
|
Related Cases
|
Hatfield v. Mingo County Bd. Of Educ., 91-29-077, (Apr. 15, 1991); Carver v. Kanawha County Bd. of Educ., Docket No. 01-20-057, (Apr. 13, 2001); Shaffer v. Kanawha County Bd. Of Educ. Docket No. 2011-1773-KanEd, (Dec. 13, 2013); Jamison v. Monongalia Co. Bd. of Educ., Docket No. 05-30-338 (Jan. 20, 2006)
|
|
Keywords
|
Extra-Duty Assignments; Job Duties; Next in Line
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant, classified as a “heavy equipment operator,” asserts that Respondent improperly provided extra-duty work, operating heavy equipment, to personnel who were not classified as “heavy equipment operators,” but as “masons,” in violation of W. W. VA. CODE § 18 A-4-8b and that, as such, he is entitled to compensation for the hours of work they performed out of their classification on that date. Respondent effectively contends that if an employee only occasionally performs duties outside and at a lower classification than his own, this should not entitle the individual who holds the classification, who usually performs those duties, to receive payment for those occasional instances, as Respondent would be required to “pay twice for the same work.” However, this issue need not be addressed because, even assuming Respondent improperly gave extra-duty heavy equipment work to the masons, Grievant failed to establish that he was “next in line” for the work and, thus, failed to meet his burden of proof against Respondent.
|
Back to Results
Search Again