Database Search Result Details

First Name Pamela
Last Name Curtis
Decision Date 8/26/2019
Docket Number 2018-1223-LewED
ALJ JSF
Respondent Lewis County Board of Education
Employment Type SERV
Job Title Aide
Topics Seniority
Primary Issues Whether Grievant proved that Respondent acted improperly in determining her ECCAT seniority.
Outcome Denied
Statutes W. Va. Code § 18A-4-8b
Related Cases Mayle v. Barbour County Bd. of Educ., No. 17-0204 (W. Va. Supreme Court) (January 8, 2018)
Keywords Early Childhood Classroom Assistant Teacher; Classification; Seniority; Transfer
Intermediate Court of Appeals
Circuit Court Grievant appealed to Circuit Court of Kanawha County 10/10/19; Civil Action #19-AA-125; Judge Bloom
Supreme Court
Synopsis Grievant has been employed by Respondent in the Aide classification since 2002. Grievant began working and accruing seniority as an ECCAT on November 15, 2017. Respondent ranked Grievant at the bottom of the ECCAT seniority list. After determining that fewer ECCAT positions would be needed for the 2018-19 school year, Respondent approved Grievant for a reduction in force from her ECCAT classification and transferred her to an Aide position. Grievant contends that if Respondent had properly used her Aide seniority in determining her ECCAT seniority, she would have ranked higher and remained in her ECCAT position. Grievant did not prove that Respondent should have calculated her ECCAT seniority using her Aide seniority.

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