Database Search Result Details
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First Name
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Carl
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Last Name
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Finley
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Decision Date
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10/31/2017
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Docket Number
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2017-1146-MerED
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ALJ
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BTC
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Respondent
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Mercer 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 Operator
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Topics
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Extra-duty Assignment
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Primary Issues
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Whether Grievant proved Respondent violated the applicable statute for extra-duty assignments.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8b(f)(2); W. Va. Code §18A-4-15(b)(2)
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Related Cases
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Lewis County Bd. of Educ. v. Bohan, No. 14-0521 (W. Va. Supreme Court, Apr. 9, 2015)(memorandum decision); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988)
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Keywords
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Extra-Duty Work; Automatic Callout System
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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 a Bus Operator. Grievant asserts Respondent’s automatic callout system malfunctioned, resulting in the loss of an extra-duty assignment. Respondent asserts the system was functioning properly and Grievant failed to answer the call. Grievant failed to prove Respondent violated the applicable statute, even if its automatic callout system malfunctioned. Accordingly, the grievance is denied.
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