Database Search Result Details
|
First Name
|
Michael
|
|
Last Name
|
Browning, et al.
|
|
Decision Date
|
3/31/2017
|
|
Docket Number
|
2015-1287-CONS
|
|
ALJ
|
LRB
|
|
Respondent
|
Lincoln County Board of Education
|
|
Employment Type
|
SERV
|
|
Job Title
|
Bus Operators
|
|
Topics
|
Emergency Assignments
|
|
Primary Issues
|
Whether Grievants demonstrated that Respondent’s actions resulted in an abnormally inequitable distribution of emergency extra-duty trips.
|
|
Outcome
|
Granted
|
|
Statutes
|
W. Va. Code §18A-4-8b; W. Va. Code § 6C-2-2(d)
|
|
Related Cases
|
Tate v. Monongalia County Bd. of Educ., Docket No. 02-30-318D (Jan. 8, 2003); Sizemore v. Monongalia County Bd. of Educ., Docket No. 98-30-428 (Jan. 26, 1998); Thompson v. Logan County Bd. of Educ., Docket No. 05-23-068 (Sept. 1, 2005); Saddler v. Raleigh County Bd. of Educ., Docket No. 02-41-420 (Apr. 29, 2003); Thompson v. Wayne County Bd. Of Educ., Docket No. 2014-1593 (Jun. 18, 2015)
|
|
Keywords
|
Emergency Assignments; Extra-Duty Assignments; Next-in-Line; Seniority; Discrimination; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants, bus operators for Lincoln County Board of Education, contend that they are not receiving their fair share of emergency extra-duty assignments. Grievants maintain this inequity is the direct result of Respondent’s conduct. Grievants contend that Respondent has been implementing faulty call out procedure(s) alleging violation of W. Va. Code ' 18A-4-8b and/or discrimination/favoritism actions. Respondent denies any wrong doing and contends that while it attempts to utilize the extra-duty call out list for emergency bus runs as long as time permits, there is no requirement that they do so. Grievants seek alleged lost wages and desire an equitable distribution of emergency extra-duty assignments henceforward.
The instant Grievants were not called upon and/or did not receive any emergency extra-duty assignments during the 2014-2015 school year, a time period in which there were approximately 34-58 so-called emergency extra-duty assignments. Respondent allegedly systematically assigns such assignments. Grievants while eligible and in line did not receive any, not one, emergency extra-duty assignment. Grievants persuasively clarified and demonstrated lost economic opportunity. This grievance is GRANTED.
|
Back to Results
Search Again