Database Search Result Details
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First Name
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Kathy
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Last Name
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Cyphers
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Decision Date
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6/10/2019
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Docket Number
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2018-0962-MrnED
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ALJ
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RLR
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Respondent
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Marion 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
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Topics
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Overtime
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Primary Issues
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Whether Grievant proved that she was next in line for any of the extra-duty assignments at issue.
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Outcome
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Granted/Denied
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Statutes
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W. Va. Code § 18A-4-8b; W. Va. Code § 18A-4-8b(f)
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Related Cases
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Myers v. Monongalia County Bd. of Educ., Docket No. 2012-0674-MonED (April 9, 2013); Jamison v. Monongalia County Bd. of Educ., Docket No. 05-30-338 (Jan. 20, 2006); Clark v. Putnam County Bd. of Educ., Docket No. 97-40-313 (April 30, 1998)
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Keywords
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Overtime; Extra-Duty Assignments; Seniority; Classification; Irregular Jobs
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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 asserts that she, a regularly employed secretary, should have been given the opportunity to perform extra-duty assignments related to a secretarial position in personnel. Respondent does not deny that it assigned the secretarial duties to another regular service employee and to a retired employee. Respondent should have offered this work to regular secretaries in seniority order on a rotating basis before offering the opportunity to a retired secretary. Grievant failed to demonstrate that she should have been offered any particular extra-duty assignment on any particular date, and that she would have been available to take that assignment on that date. This grievance is granted, in part, and denied, in part.
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