Database Search Result Details

First Name Robert
Last Name Reed
Decision Date 12/27/2019
Docket Number 2019-0844-MrnED
ALJ RLR
Respondent Marion County Board of Education
Employment Type SERV
Job Title Mechanic/Bus Operator
Topics Seniority
Primary Issues Whether Grievant proved that he regularly operated a school bus during the time he was classified as a mechanic and that he should have held a multi-classification during that time.
Outcome Granted
Statutes W. Va. Code § 18A-4-8b; W. Va. Code § 18A-4-8b(i)(16)
Related Cases Arnold v. Monongalia County Bd. of Educ., Docket No. 01-30-505 (Jan. 10, 2002); Carver v. Kanawha County Bd. of Educ., Docket No. 01-20-057 (Apr. 13, 2001); Morgan v. Pizzino, 256 S.E.2d 592 (W. Va. 1979)
Keywords Seniority Date; Job Duties; Multi-Classification
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant has been regularly employed by Respondent as a service personnel employee since February 1996. Grievant initially held the school bus operator classification title and later held mechanic classification titles. Respondent acknowledges that Grievant was required to operate a school bus on a regular basis during the time that he held the mechanic classification titles. Respondent also acknowledges that it did not conduct a reclassification review of Grievant’s job duties at any time. Grievant proved by a preponderance of the evidence that he regularly operated a school bus during the time he was classified as a mechanic and that he should have held a multi-classification during that time. This grievance is granted. Respondent is ordered to assign Grievant his original bus operator date of August 20, 1996, for seniority in that classification.

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