Database Search Result Details
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First Name
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Ronald
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Last Name
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Shaffer
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Decision Date
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4/5/2017
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Docket Number
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2016-1064-KanED
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ALJ
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SLB
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Respondent
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Kanawha 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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Heavy Equipment Operator
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Topics
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Selection
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Primary Issues
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Whether Grievant met his burden of proof to establish that he was "next in line," for the position at issue.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8e
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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); Shaffer v. Kanawha Bd. of Educ., Docket No. 00-20-085 (June 12, 2000); Blake et al. v. Kanawha County Bd. of Educ., Docket No. 02-20-343 (Mar. 11, 2003); Ohio County Bd. of Educ. v. Hopkins, 193 W. Va. 600, 457 S.E.2d 537 (1995); Dawson v. McDowell County Bd. of Educ., Docket No. 97-33-101(May 29, 1998); aff'd Kanawha County Cir. Ct., Civil Action No. 98-AA-99, ref’d by West Virginia Supreme Court of Appeals, No. 001293 (Sept. 7, 2000); Jamison v. Monongalia Co. Bd. of Educ., Docket No. 05-30-338 (Jan. 20, 2006)
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Keywords
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Selection; Classification Requirement; State Competency Test; Blueprint Test; Next in Line; Arbitrary; 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 employed as a “heavy equipment operator” for Respondent and, while so employed, applied for a position with Respondent as a “Carpenter II.” Due to the Carpenter II classification requirement that anyone occupying the position must be able to “read” and work from blueprints as appropriate to the trade, Respondent added a new assessment to the State competency carpenter test; specifically, a blueprint reading assessment. Respondent then required all of its future job applicants for carpentry positions to pass the blueprint reading assessment as a qualification to be hired as a Carpenter for the school district. Grievant refused to take the blue print test and asserts that it is arbitrary and capricious. Grievant further argues that because he passed the two-part portion of the State competency test before the Carpenter II position was posted, Respondent cannot properly require him to take its additional blueprint reading assessment. Respondent contends that it must have some means to ascertain whether applicants for the position of carpenter have the capability to read blueprints and the express language of the classification justifies testing for this skill. Respondent further asserts that Grievant was unjustified in refusing to take this necessary blueprint assessment, on the basis that he previously passed the two-part State competency test and believes he has, therefore, fully qualified for the carpenter position. However, even assuming Grievant met his burden of proof to support his foregoing arguments, Grievant must finally establish that he was "next in line" for the Carpenter II position in order to prevail. In fact, there were two other job applicants, who had also not passed the blue print test, who were both senior to Grievant. As such, Grievant failed to establish that he was next in line for the position he sought.
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