| First Name | Ethel |
| Last Name | White |
| Decision Date | 5/9/2018 |
| Docket Number | 2017-0899-LogED |
| ALJ | CHL |
| Respondent | Logan County Board of Education |
| Employment Type | SERV |
| Job Title | Aide |
| Topics | Timeliness; Reduction in Force |
| Primary Issues | Whether Respondent proved that this grievance was untimely filed; Whether Grievant proved that Respondent violated any law, rule, or policy when imposing her reduction in force; Whether Respondent fraudulently induced Grievant into not challenging her reduction in force; Whether Grievant proved that Respondent violated law when it filled Grievant’s position. |
| Outcome | Denied |
| Statutes | W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1); W. Va. Code § 18A-4-8b(q); W. Va. Code ST. R. § 156-1-3 (2008); W. Va. Code § 18A-4-8b(a); W. Va. Code § 18A-4-8b(b); W. Va. Code § 18A-4-8b(h); W. Va. Code § 18A-4-8b(i); W. Va. Code § 18A-4-8b(j); W. Va. Code § 18A-4-8b(k) |
| Related Cases | Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); Lynch v. W. Va. Dep’t of Transp., Docket No. 97-DOH-060 (July 16, 1997), aff’d, Circuit Court of Kanawha County, No. 97-AA-110 (Jan. 21, 1999); Kessler v. W. Va. Dep’t of Transp., Docket No. 96-DOH-445 (July 28, 1997); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989); Duruttya v. Board of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 391 S.E.2d 739 (1990); Hale v. Mingo County Bd. of Educ., 199 W. Va. 387, 484 S.E.2d 640 (1997); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep’t of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Lanehart v. Logan County Bd. of Educ., Docket No. 95-23-235 (Dec. 29, 1995); Perdue v. Dep’t of Health & Human Res., Docket No. 93-HHR-050 (Feb. 4, 1994); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Guthrie v. Dep’t of Health & Human Serv., Docket No. 95-HHR-277 (Jan. 31, 1996); Parker v. Summers County Bd. of Educ., 185 W. Va. 313, 406 S.E.2d 744 (1991); Franz v. Dep’t of Health & Human Res., Docket No. 98-HHR-228 (Nov. 30, 1998); W. Va. Pub. Employees Ins. Bd. v. Blue Cross Hosp. Serv., Inc., 174 W. Va. 605, 328 S.E.2d 356 (1985); Allen v. Dep't. of Transp. & Division of Personnel, Docket No. 06-DOH-224 (Jan. 31, 2007); Buckland v. Div. of Natural Res., Docket No. 2008-0095-DOC (Oct. 6, 2008); Fields v. Mingo County Bd. of Educ., Docket No. 2013-1130-MinED (Feb. 4, 2014) |
| Keywords | Motion to Dismiss; Timeliness; Untimely; Reduction in Force; Recall; Rescinded; Fraudulent Inducement; Detrimental Reliance; Equitable Estoppel; Arbitrary and Capricious; Seniority; Terminated; Ultra Vires |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as an Aide. Grievant was called to a meeting with the personnel director at which Grievant was informed that she was being reduced in force (RIF) and was given a letter to that effect. Grievant did not request a hearing on her RIF and did not challenge the same. As a result of the RIF, Grievant’s employment was terminated at the end of the school year. Grievant filed this grievance months after being informed of her RIF asserting that the personnel director mislead her into believing that her RIF would be rescinded and she would get her job back if enough students were enrolled for the next school year. Grievant asserts claims of fraudulent inducement, detrimental reliance, and equitable estoppel. Grievant also argues that there was no lack of need for her position, and that Respondent violated the statute by filling her position with an employee who was not on the preferred recall list. Respondent moved to dismiss the grievance as untimely. Respondent denies Grievant’s claims, arguing that the personnel director did not make the statements alleged, that it properly RIF’d Grievant for lack of need pursuant to the applicable statutes, and that it properly filled the vacancy created by Grievant’s RIF. Respondent proved that this grievance was untimely filed, but Grievant demonstrated a proper basis to excuse her failure to file in a timely manner. As such, Respondent’s Motion to Dismiss is DENIED. Grievant failed to prove her claims by a preponderance of the evidence. Therefore, this grievance is DENIED. |