Database Search Result Details
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First Name
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Tina
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Last Name
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Bishop
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Decision Date
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8/28/2018
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Docket Number
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2017-2272-RalED
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ALJ
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WBM
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Respondent
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Raleigh 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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Secretary III
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that Respondent’s action of hiring Intervenor for the position at issue instead of her was unlawful or arbitrary and capricious.
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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
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Related Cases
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Taflan v. Hancock County Bd. of Educ., Docket No. 15-86-099-2 (Jan. 12, 1987); Bailey v. Mercer County Bd. of Educ., Docket No. 91-274-158 (Jan. 31, 1992); Higgins v. Randolph County Bd. of Educ., Docket No. 94-42-1111 (Dec. 27, 1995); Ellison v. Fayette County Bd. of Educ., Docket No. 97-10-258 (Sept. 18, 1997); Akers v. Raleigh County Bd. of Educ., Docket No. 97-41-301 (Oct. 30, 1997)
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Keywords
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Selection; Classification; Qualifications; Seniority; Accountant Classification Competency Test; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 9/28/2018, CA# 18-AA-241 (Salango); Affirmed, 3/29/19
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Supreme Court
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Synopsis
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Grievant believes that she should have been selected for a multiclassified Secretary III/Accountant III position because she had passed the competency test for the Accountant classification and had more seniority than the successful applicant as a Secretary III. Respondent had reclassified the successful applicant’s position to a multiclassified position because a significant portion of her duties were in the Accountant classification. Since Intervenor was working in the same multiclassification category as the vacant position she received statutory preference for filling the position. Accordingly, the grievance is denied.
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