Database Search Result Details
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First Name
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Charles
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Last Name
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Rice, et al.
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Decision Date
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1/16/2019
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Docket Number
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2017-2221-CONS
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ALJ
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BTC
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Respondent
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Wayne 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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Mechanics
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Topics
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Discrimination
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Primary Issues
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Whether Grievants proved that the decision to remove the vehicles was discrimination or favoritism.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d); W. Va. Code § 18A-2-14
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Related Cases
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Pritt v. W. Va. Div. of Corrections, 218 W.Va. 739, 744, 630 S.E.2d 49, 54 (2006); Hammond v. W. Va. DOT, 229 W. Va. 108, 112, 727 S.E.2d 652, 656 (2012); 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)
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Keywords
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Discrimination; Favoritism; Work Vehicle; Mileage
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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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Grievants are employed by Respondent as mechanics within the transportation department. Grievants had previously been assigned the use of work vehicles to travel between their homes and work by a former superintendent as a reward. Grievants protest the decision of a different superintend to remove the vehicles for financial reasons when employees in other departments had been allowed to retain vehicles. Grievants failed to prove that the decision to remove the vehicles was discrimination or favoritism, that they were otherwise entitled to a work vehicle by either of operation of law or policy, or that the superintendent’s previous issuance of the vehicles as a reward entitled them to the continued use of the vehicles. Grievants did not assert in their original statement of grievance or present evidence that they had been denied reimbursement for use of their private vehicles in the course of their employment. Accordingly, the grievance is denied.
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