Database Search Result Details
|
First Name
|
Laura
|
|
Last Name
|
Eastwood, et al.
|
|
Decision Date
|
4/20/2017
|
|
Docket Number
|
2016-1883-CONS
|
|
ALJ
|
RLR
|
|
Respondent
|
Wayne County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Physical Therapist; Occupational Therapist; Occupational Therapy Assistant
|
|
Topics
|
Salary
|
|
Primary Issues
|
Whether Grievants established that Respondent abused its discretion or acted arbitrarily or capriciously by reducing their supplements.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 18A-4-5a
|
|
Related Cases
|
Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Summers County Educ. Ass’n v. Summers County Bd. of Educ., 179 W. Va. 107, 365 S.E.2d 387 (1987); Harrison v. Ginsberg, [169 W. Va. 162], 286 S.E.2d 276, 283 (W. Va. 1982); Brown v. Upshur County Bd. of Educ., Docket No. 97-49-399 (Dec. 23, 1997); Hinzman, et al.v. Randolph County Bd. of Educ., Docket No. 96-42-358 (Apr. 23, 1997)
|
|
Keywords
|
Annual Salary Supplement; Policy; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants contest the action of Respondent which reduced Grievants’ local salary supplements. Grievants argue that this action of reducing the annual salary supplements without consideration of other alternatives was arbitrary and capricious. In addition, Respondent’s reduction of the salary supplements was improper and a violation of state law. Respondent counters that Grievants did not meet their burden of proof in that they failed to present evidence that the reduction of their salary supplements violated any statute, policy, rule or written agreement applicable to the them. Respondent also argues that Grievants failed to demonstrate that Respondent acted in an arbitrary and capricious manner in reducing their salary supplements in order to save money.
|
Back to Results
Search Again