Database Search Result Details
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First Name
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Judy
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Last Name
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Mullins, et al.
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Decision Date
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6/27/2017
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Docket Number
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2016-1323-CONS
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ALJ
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RLR
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Respondent
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Hancock 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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Bus Operators
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Topics
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Payment
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Primary Issues
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Whether Grievants are entitled to continuing incorrect compensation.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8(m)
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Related Cases
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Bessie, et al., v. Putnam County Bd. of Educ., Docket No. 06-40-245 (Feb. 28, 2007); Jackson v. Wayne County Bd. of Educ., 00-50-040 (Apr. 21, 2000); Connors v. Hardy County Bd. of Educ., Docket No. 99-16-459 (Jan. 14, 2000); Toney v. Lincoln County Bd. of Educ., Docket No. 2008-0533-LinED (Oct. 31, 2008); Mullins v. McDowell County Bd. of Educ., Docket No. 07-33-076 (Oct. 20, 2008); Dinger v. Mercer County Bd. of Educ., Docket No. 2013-1047-MerED (Sept. 19, 2013)
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Keywords
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Policy; Payment; Inclement Weather
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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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The record of this case established that Respondent interpreted a previous policy to mean that bus operators would be paid from their regular start time on occasions when school was delayed for inclement weather even though the bus operators were not working during these hours. The Respondent modified its overtime policy and removed the provision for the payment of these additional hours. A board of education may change a policy by presentation to its members and an affirmative vote to change the same as occurred in this case. In addition, a board of education has the responsibility to correct an employee’s pay when they are being paid improperly.
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