| First Name | Jerianne |
| Last Name | Bryant |
| Decision Date | 10/17/2018 |
| Docket Number | 2018-1124-McDED |
| ALJ | CHL |
| Respondent | McDowell County Board of Education |
| Employment Type | SERV |
| Job Title | Bus Aide/Classroom/Aide |
| Topics | Transfer; Arbitrary and Capricious |
| Primary Issues | Whether Grievant proved that Respondent’s actions in reconfiguring her Pre-K-Aide/ECCAT position and placing her on transfer was arbitrary and capricious. |
| Outcome | Denied |
| Statutes | W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 18A-4-8(m) |
| Related Cases | Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Directors/Bluefield State College, Docket No. 93-BOD-400 (Apr. 11, 1995) |
| Keywords | Transfer; ECCAT; Bus Aide; Arbitrary and Capricious; Non-Relegation; Overtime; State Board of Education Policy 2525 |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as a pre-kindergarten (“Pre-K”) classroom Aide/ECCAT with regular Bus Aide duties. Respondent reconfigured Grievant’s Pre-K Aide/ECCAT position to remove the bus duties because such required her to leave the classroom over an hour before the last of the students were dismissed from school each day. A Head Start employee had been available to cover for Grievant each afternoon. For financial reasons, Head Start could not commit to a position for the upcoming school year. Respondent reconfigured the Pre-K classroom Aide/ECCAT duties to ensure Pre-K classroom coverage. Grievant was placed on transfer, and Respondent posted the reconfigured Pre-K Aide/ECCAT position and a second regular classroom Aide position that included bus duties. Grievant did not receive the Pre-K classroom Aide/ECCAT position because a more senior employee applied. Grievant bid on and received the regular classroom Aide/Bus Aide position which caused Grievant a loss of compensation. Grievant argues that Respondent’s actions were arbitrary and capricious and in violation of W. Va. Code § 18A-4-8(m). Respondent denies Grievant’s claims, and asserts that its actions were reasonable and proper. Grievant failed to prove her claims by a preponderance of the evidence. Therefore, this grievance is DENIED. |