Database Search Result Details
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First Name
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Myrrl
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Last Name
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Gibson, et al.
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Decision Date
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9/26/2019
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Docket Number
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2019-0783-CONS
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ALJ
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CHL
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Respondent
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Fayette 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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Aide/ECCAT
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Topics
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Seniority; Random Selection Drawing
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Primary Issues
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Whether Grievants proved by a preponderance of the evidence that the random selection drawings were invalid, or otherwise improper.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-4-8g; W. Va. Code §18A-4-8b(d)(2)(C); W. Va. Code § 18A-4-8e
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Related Cases
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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); Mayle v. Barbour County Bd. of Educ., No. 17-0204 (W. Va. Supreme Court) (January 8, 2018); Carpenter, et al., v. Webster County Bd. of Educ., Docket No. 2018-1027-CONS (Mar. 27, 2019); Conners v. Hardy County Bd. of Educ., Docket No. 99-16-459 (Jan. 14, 2000); Toney v. Lincoln County Bd. of Educ., Docket No. 2008-0533-LinED (Oct. 31, 2008)
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Keywords
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ECCAT; Aide; Seniority; Ranking; Invalid; Tie-Breaker; Multiclassified; Random Selection Drawing; Early Childhood Classroom Assistant Teachers; Mistake; Timeline
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Intermediate Court of Appeals
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Circuit Court
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Grievants Martin, Roberts, Gibson appealed to Kanawha County Circuit Court 10/15/19; Civil Action Nos. 19-AA-130; 19-AA-131; 19-AA-139; Judge King/Bloom/Kaufman
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Supreme Court
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Synopsis
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Grievants are employed by Respondent as Aides holding ECCAT certification, multiclassified as Aide/ECCATs. Grievants all shared the seniority date of August 8, 2014, along with other Aide/ECCAT employees. In November 2018, the Associate Superintendent determined that seniority tie-breaker drawings had to be conducted because employment decisions were going to have to be made because of county school consolidations, or mergers. The Associate Superintendent organized and conducted the tie-breaker drawings in December 2018. As a result of the drawings, Aide/ECCAT employees who shared the same seniority date for their ECCAT classification were assigned seniority rankings. Grievants argue that the drawings conducted in December 2018 were invalid and that their overall Aide seniority should control for employment decisions. Grievants failed to prove their claims by a preponderance of the evidence. Therefore, this grievance is DENIED.
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