Database Search Result Details
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First Name
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Roxanne
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Last Name
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White
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Decision Date
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5/4/2018
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Docket Number
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2018-0299-WebED
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ALJ
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BTC
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Respondent
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Webster 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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Aide
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Topics
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Job Duties
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Primary Issues
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Whether Grievant proved that Respondent violated Code when it removed her bus run duties without her written consent.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-4-8a(j); W. Va. Code § 18A-4-8(m)
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Related Cases
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Conners v. Hardy County Bd. of Educ., Docket No. 99-16-459 (Jan. 14, 2000); Barrett v. Hancock County Bd. of Educ., Docket No. 96-15-512 (Dec. 31, 1997); Petrovich v. Hancock County Bd. of Educ., Docket No. 98-15-174 (July 13, 1998)
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Keywords
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Reassigning Bus Run Duties; Unwritten Procedure
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County 5/24/2018, Civil Action #18-AA-216 (Greer); Affirmed 9/20/2018
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Supreme Court
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Synopsis
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Grievant is employed by Respondent as an Itinerant Aide/Personal Care Aide/Bus Aide. Grievant protests the removal of afternoon bus run duties, which resulted in a loss of compensation. Respondent removed the duties stating they were assigned in error based on its unwritten procedures. Grievant alleged the removal of the duties violated sections 18A-4-8a(j) and 18A-4-8(m) of the West Virginia Code. Respondent argued Grievant was assigned the duties only by mistake, and that it lawfully remedied the mistake by assigning the duties to a more senior employee. Respondent violated sections 18A-4-8a(j) and 18A-4-8(m) of the West Virginia Code and correcting what it viewed as an error made under its unwritten procedures does not excuse this violation. Accordingly, the grievance is granted.
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