Database Search Result Details
|
First Name
|
Christopher
|
|
Last Name
|
Bird
|
|
Decision Date
|
11/9/2017
|
|
Docket Number
|
2017-1534-KanED
|
|
ALJ
|
RLR
|
|
Respondent
|
Kanawha County Board of Education and Emmett Busse, Intervenor
|
|
Employment Type
|
SERV
|
|
Job Title
|
Custodian
|
|
Topics
|
Selection
|
|
Primary Issues
|
Whether Grievant proved that it was arbitrary and capricious for Respondent to consider him not qualified for the Electrician II position.
|
|
Outcome
|
Granted
|
|
Statutes
|
W. VA. CODE § 18A-4-8b, § 18A-2-12a(b)(7)
|
|
Related Cases
|
Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105
|
|
Keywords
|
Selection, Seniority, Arbitrary and Capricious, Disqualified, Ad Infinitum, Clean Driving Record
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Respondent appealed to Kanawha County 12/21/2017, Civil Action #17-AA-96 (Tabit); Reversed, 9/12/2018
|
|
Supreme Court
|
Grievant appealed to Supreme Court 10/9/2018, No. 18-0870; Supreme Court Memorandum Decision 11/4/19; Affirmed Circuit Court Reversal
|
|
Synopsis
|
Grievant is a regularly employed Custodian of the Kanawha County Board of Education. Grievant was the most senior applicant for the posting of an Electrician II with the Kanawha County Board of Education. Grievant was denied the position by Respondent on the basis that he was not qualified. Grievant proved by a preponderance of the evidence that it was arbitrary and capricious for Respondent to consider him not qualified for the Electrician II position. Grievant proved by a preponderance of the evidence that he was qualified to perform the job at the time Respondent made its hiring decision. According to the statutory criteria outlined in WEST VIRGINIA CODE § 18A-4-8b, Grievant should have received the position.
|
Back to Results
Search Again