Database Search Result Details

First Name Johnny
Last Name Adkins
Decision Date 9/13/2017
Docket Number 2016-1817-WayED
ALJ RLR
Respondent Wayne County Board of Education
Employment Type SERV
Job Title Custodian
Topics Selection
Primary Issues Whether Grievant was entitled to be placed in the position based on his summer seniority.
Outcome Denied
Statutes W. Va. Code § 18-5-39(f); W. Va. Code § 18A-4-8b
Related Cases Howard and Brooks v. Marshall County Bd. of Educ., Docket No. 2015-1630-CONS (July 27, 2016); Lilly v. Fayette County Bd. of Educ., Docket No. 96-10-481 (Sept. 15, 1997); Eisentrout v. Preston County Bd. of Educ., Docket No. 2010-0022-PreED (Apr. 16, 2010)
Keywords Selection; Summer Position; Classification; Seniority
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a Custodian. Grievant argued he should have been placed in a half-time summer custodian position in the summer of 2016, because it was a position that he held in the summer of 2013. The facts of this case do not meet the statutory requirement that an employee be given the option of retaining a job that they held during the previous summer. Respondent correctly returned the employee who held the position in the summer of 2015 to the position in the summer of 2016.

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