| First Name | Lois |
| Last Name | Morris |
| Decision Date | 11/19/2019 |
| Docket Number | 2019-0315-NicED |
| ALJ | CHL |
| Respondent | Nicholas County Board of Education |
| Employment Type | SERV |
| Job Title | Bus Operator |
| Topics | Extracurricular; Work Schedule; Compensation |
| Primary Issues | Whether Grievant proved by a preponderance of the evidence that Respondent violated West Virginia Code § 18A-4-8(j) by changing her daily work schedule without her written consent and whether the additional bus run she was assigned in an extracurricular run. |
| Outcome | Granted |
| Statutes | W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-4-8a(j); of W. VA. CODE §18A-4-8a; W. Va. Code § 18A-4-8b(f) |
| Related Cases | 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); Dillon v. Wyoming County Board of Education, 177 W. Va. 145, 351 S.E.2d 58 (1986); Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); McClain v. Hancock County Bd. of Educ., Docket No. 96-15-114 (June 27, 1996)Bucher v. Wetzel County Bd. of Educ., Docket No. 03-52-051 (June 18, 2003); McClain v. Hancock County Bd. of Educ., Docket No. 96-15-114 (June 27, 1996); Stover v. Mason County Bd. of Educ., Docket No. 96-26-048 (Nov. 27, 1996); Cook v. Mason County Bd. of Educ., Docket No. 96-26- 105 (Aug. 19, 1996); Teller v. Hancock County Bd. of Educ., Docket No. 96-15-188 (June 28, 1996); Sipple v. Mingo County Bd. of Educ., Docket No. 95-29-487 (Mar. 27, 1996); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-1100 (Aug. 2, 1995); Bucher v. Wetzel County Bd. of Educ., Docket No. 03-52-051 (June 18, 2003); Freda v. Lewis County Bd. of Educ., Docket No. 2014-0866-LewED (Aug. 7, 2015); Skaggs v. Ritchie County Bd. of Educ.,, Docket No.: 2014-0516-RitED (Oct. 31, 2014) |
| Keywords | Extracurricular; Extra Duty; Compensation; Schedule; Arbitrary and Capricious; Unreasonable; Duties; Workday; Posting; Compliance; Extension; Minimal; Written Consent; Unavailable; Route |
| Intermediate Court of Appeals | |
| Circuit Court | Respondent appealed to Kanawha County Circuit Court 1/30/2020; Civil Action No. 20-AA-16; Judge Bailey; Agreed Order of Dismissal entered 6/17/2020 |
| Supreme Court | |
| Synopsis | Grievant is employed by Respondent as a bus operator. Respondent added an additional daily evening run to Grievant’s regular duties without her consent, written or otherwise. She was required to perform this run at a time after her regularly scheduled work hours and was given no compensation for the same. Grievant filed this grievance asserting that Respondent’s actions in assigning her this additional run violated West Virginia Code § 18A-4-8a(j), was arbitrary and capricious, and that the additional evening runs constituted an extracurricular run for which she was entitled to compensation. Respondent denied Grievant’s claims asserting that the addition of the second evening run to Grievant’s daily duties was proper and violated no statute. Grievant proved all of her claims by a preponderance of the evidence. Therefore, this grievance is GRANTED. |