details - Public Grievance Board

First Name	Beverly
Last Name	Bailey
Decision Date	4/21/2017
Docket Number	2016-1382-MinED
ALJ	BLG
Respondent	Mingo County Board of Education
Employment Type	PROF
Job Title	Assistant Principal
Topics	Transfer
Primary Issues	Whether Grievant demonstrated she had more administrative seniority than another administrator who began his administrative employment after her and after July 1, but was paid for the full contract term, and whether she should have been the employee transferred.
Outcome	Granted
Statutes	W. Va. Code § 18A-2-2(c); W. Va. Code § 18A-4-7b
Related Cases	Napolillo v. Marion County Bd. of Educ., Docket No. 93-24-175 (Sept. 1, 1993); Jochum v. Ohio County Bd. of Educ., Docket No. 91-35-396 (Jan. 31, 1992); Lester v. McDowell County Bd. of Educ., Docket No. 93-33-256 (Jan. 31, 1994); LeMastus v. Wyoming County Bd. of Educ., Docket No 55-87-290-4 (Mar. 23, 1988); Cahill v. Mercer County Bd. of Educ., 195 W. Va. 453, 465 S.E.2d 910 (1995); Bd. of Educ. v. Enoch, 186 W. Va. 712, 414 S.E.2d 630 (1992); Trimboli v. Dep't of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997)
Keywords	Administrative Seniority; Pro-Rated Contract Days; Paid Contract Days; Employment Term; Transfer; Arbitrary and Capricious; Mistake of Fact
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was transferred from a 240-day Assistant Principal position at a high school to a 220-day Assistant Principal position, due to MBOE eliminating one of the three Assistant Principal positions at the high school. Grievant was not the least senior Assistant Principal in the county, but was placed on transfer because MBOE determined that she was the least senior Assistant Principal at the high school. Grievant began working as an Assistant Principal in July 2013, and was paid for 225 days her first year as she did not begin working in this position on July 1. Another Assistant Principal, who started working in his first administrative position for MBOE as an Assistant Principal at the same high school after Grievant began working there, was found by MBOE to have acquired more seniority than Grievant, because he was paid for 240 days that first year as a result of the Superintendent allowing him to count hours he worked at athletic events as the Athletic Director at the high school as additional work days. Professional personnel employed as Assistant Principals accrue seniority based on the fulfillment of the employment term. By statute, if an Assistant Principal is hired and begins work after the beginning of the fiscal year, the seniority must be prorated. Grievant’s employment began after the beginning of the fiscal year, as did her fellow Assistant Principal, and the seniority of both employees must be prorated for that first year, making Grievant more senior. While Respondent was not required to transfer the least senior Assistant Principal, the transfer decision was based on seniority, and Grievant was transferred as a result of a mistake of fact. Grievant should not have been the employee transferred.

Database Search Result Details