Database Search Result Details
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First Name
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Teresa
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Last Name
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Chapman-Davidson
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Decision Date
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5/17/2017
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Docket Number
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2016-1712-BooED
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ALJ
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CHL
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Respondent
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Boone County Board of Education and Willa Antill, Intervenor
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Employment Type
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SERV
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Job Title
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Aide
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Topics
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Selection
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that holding greater seniority in the aide classification entitled her to be selected for the posted ECCAT position.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 18A-4-8b; W. Va. Code § 18A-4-8(i); W. Va. Code § 18A-3-2a; W. Va. Code § 18A-4-8(u); W. Va. Code § 18A-4-8b(d); W. Va. Code § 18A-4-8(g); 126 C.S.R. 136 §§ 12.1.c.7 and 12.1.d.8
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Related Cases
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Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Workman v. Raleigh County Bd. of Educ., Docket No. 2016-0830-RalED (Nov. 22, 2016); Cosner v. Gilmer County Bd. of Educ. and Skinner, Docket No. 2015-1520-GilED (July 27, 2016); Paugh v. Barbour County Bd. of Educ., Docket No. 2015-1574-BarED (Aug. 26, 2016); Mayle v. Barbour County Bd. of Educ., Docket No. 2016-0113-BarED (Aug. 26, 2016); Adkins v. Fayette County Bd. of Educ., Docket No. 2015-1620-FayED (Oct. 19, 2016)
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Keywords
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Selection; Posting; ECCAT; Certification; Credential; Classification Title; Seniority; Qualified; Priority
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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 is employed by Respondent as an aide. Grievant applied for an Instructional Aide II/III/IV/Early Childhood Classroom Assistant Teacher (“ECCAT”)/Bus Aide position. While Grievant was the most senior applicant in the aide classification, she did not hold an ECCAT credential from the West Virginia Department of Education, nor had she ever held an ECCAT position. Another applicant, Intervenor, who was already employed in an ECCAT position, and held an ECCAT credential, was selected for the position. Grievant asserts that she is entitled to the position as she had the most seniority in the aide classification. Respondent argues that its selection of the other applicant for the ECCAT position was proper pursuant to statute. Grievant failed to prove her claim by a preponderance of the evidence. Therefore, the grievance is DENIED.
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