Database Search Result Details
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First Name
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Tami
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Last Name
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Barrett, et al
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Decision Date
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11/7/2019
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Docket Number
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2019-1521-CONS
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ALJ
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JSF
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Respondent
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Morgan 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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Cook
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Topics
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Transfer
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Primary Issues
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Whether Grievants proved that Respondent was obligated under its transfer policy to divide a full-time position in order to accommodate Grievants.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8g(e); W. Va. Code § 18A-4-8(j)
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Related Cases
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Berry v. Kanawha County Bd. of Educ., 191 W. Va. 422, 446 S.E.2d 510 (1994); Dodson v. McDowell County Bd. of Educ., Docket No. 93-33-243 (Feb. 15, 1994)
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Keywords
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Reduction in Force; Transfer Policy; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievants Harvey and Barrett appealed to Kanawha County Circuit Court 12/19/19; Civil Action Nos. 19-AA-170/19-AA-171; Judges Salango; 19-AA-170 & 19-AA-171 Consolidated; Final Order 11/2/2020: Reversed
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Supreme Court
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Synopsis
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Grievant Harvey was employed by Respondent as a half-time cook at Warm Springs Intermediate School (WSIS). Grievant Barrett was employed by Respondent as a half-time cook at Widmyer Elementary School (WES). For the 2019-20 school year, Respondent eliminated Grievant Harvey’s half-time cook position due to budgetary and efficiency reasons. It then reduced in force Grievant Barrett, since she was the least senior half-time cook in the county, and transferred Grievant Harvey to Grievant Barrett’s position at WES. Grievants contend that Respondent violated West Virginia Code and Respondent’s own policies in not reducing WSIS full-time cook Sharon Roach and converting her position into two half-time cook positions so Grievant Harvey could remain at WES as a half-time cook. Grievants failed to prove that Respondent lacked the discretion under the law and its’ own policy to retain its full-time cook positions at WSIS rather than convert one into two half-time positions. According, this grievance is DENIED.
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