Database Search Result Details

First Name Michelle
Last Name Allen
Decision Date 9/18/2017
Docket Number 2017-1779-HarED
ALJ BLG
Respondent Harrison County Board of Education
Employment Type PROF
Job Title Teacher
Topics Pay
Primary Issues Whether Grievant was entitled to compensation for exchanging her planning period to teach a class on days she was absent.
Outcome Denied
Statutes W. Va. Code § 18A-4-14(b)
Related Cases Griffin v. Fairmont Coal Co., 59 W. Va. 480, 53 S.E. 24, 2 L.R.A., N.S., 1115; Strother v. McDowell County Ntl Bank, 113 W. Va. 75, 166 S.E. 818; Babcock Coal & Coke Co. v. Brackens Creek Coal Land Comp., 128 W. Va. 676, 37 S.E.2d 519, 163 A.L.R. 871; Adkins v. Aetna Life Insurance Co., 130 W. Va. 362, 43 S.E.2d 372; Kanawha Banking & Trust Co. v. Gilbert, 131 W. Va. 88; 46 S.E.2d 225 (1947)
Keywords Pay; Planning Period; Compensation; Agreement
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant agreed to give up her 90 minute planning period to teach a class, in exchange for additional compensation. The agreement Grievant signed stated she would be compensated in exchange for her planning period, and would be paid a set hourly rate to teach the course for a stated period of time during the fall semester. Grievant was not paid this hourly rate in exchange for her planning period on days she was absent on leave, but believed she was entitled to be compensated for these instructional periods because she had to prepare lesson plans. Grievant had not clarified this point prior to signing the agreement. The agreement Grievant signed is consistent with the statutory language which allows an employee to exchange her planning period for compensation. On days Grievant was absent, she had no planning period which she could exchange for compensation and was not entitled to any additional payment on those days.

Back to Results Search Again