Database Search Result Details
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First Name
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Bruce
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Last Name
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Smith
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Decision Date
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7/30/2018
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Docket Number
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2017-2180-WayED
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ALJ
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WBM
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Respondent
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Wayne County Board of Education
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Employment Type
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PROF
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Job Title
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Vice Principal
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Topics
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Reduction In Force
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that he was entitled to be transferred.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-7a
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Related Cases
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Kanawha County Bd. of Educ. v. Kimble, Filed No. 13-0810 (W. Va. Supreme Court, May 30, 2014); State ex rel. Monk v Knight, 201 W. Va. 535; 499 S.E.2d 35 (1997); Lyons v. Wood County Bd. of Educ., Docket No. 89-54-601 (Feb. 28, 1990); Russell v. Kanawha County Bd. of Educ., Docket No. 89-20-671 (Jan. 17, 1990); Braun v. Brooke County Bd. of Educ., Docket No. 2011-0674-BroED (Sept. 9, 2011)
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Keywords
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Reduction in Force; Selection; Transfer; Vacant Position Prior Discipline
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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 was laid off from his position as an assistant principal because that position was abolished, and he had insufficient seniority to bump any other assistant principal. Grievant argues that he should have been transferred directly to a vacancy which opened to an assistant principal position at another school in the county or in the alternative, based upon his qualifications, he should have been selected for that position when it was posted. Respondent proved that it was required to post the vacant position rather than transfer Grievant directly into it. Respondent also proved that it followed the statutory requirements in filling the vacant position with a different applicant.
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