Database Search Result Details
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First Name
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Gwen
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Last Name
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Wagner
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Decision Date
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7/20/2017
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Docket Number
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2017-0809-RalED
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ALJ
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RLR
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Respondent
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Raleigh 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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Aide III
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Topics
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Selection
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Primary Issues
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Whether Grievant established that she possessed more seniority in the aide/ECCAT classification than the successful applicant.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8g(j)
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Related Cases
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Mayle v. Barbour County Bd. of Educ., Docket No. 2016-0113-BarED (Aug. 26, 2016); Paugh v. Barbour County Bd. of Educ., Docket No. 2015-1574-BarED (Aug. 26, 2016); Donnellan v. Harrison County Bd. of Educ., Docket No. 02-17-003 (Sept. 20, 2002); Edmunds v. Kanawha County Bd. of Educ. Docket No. 99-20-023 (Mar. 31, 1999)
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Keywords
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Selection; Vacancy; ECCAT Classification; Seniority
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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 by Respondent as an Aide when she filed this grievance. She bid on a posted Aide/Early Childhood Classroom Assistant Teacher position, which required Early Childhood Classroom Assistant Teacher certification. Although Grievant was the most senior applicant in the Aide classification, this Board has ruled that for seniority purposes, the aide class titles are not in the same classification category as the ECCAT class titles. The record did not establish that Grievant had more seniority in the ECCAT category than the successful applicant. In addition, the successful applicant held an ECCAT job at the time Respondent appointed her to the position. Grievant did not demonstrate she was entitled to placement in the posted position.
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