Database Search Result Details
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First Name
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David
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Last Name
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Simanski
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Decision Date
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12/27/2019
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Docket Number
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2019-0572-HamED
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ALJ
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JSF
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Respondent
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Hampshire County Board of Education
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Employment Type
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PROF
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Job Title
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Director
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Topics
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Uniform Supplemental Pay
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Primary Issues
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Whether Grievant proved by a preponderance of evidence that he was entitled to a pay supplement uniform.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(c)(1); W. Va. Code 18A-4-5a; W. Va. Code 18A-1-1(c)
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Related Cases
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Martin v. Randolph County Board of Education, 195 W. Va. 297, 465 S.E.2d 399 (1995); Haddox v. Mason County Bd. of Educ., Docket No. 98-26-283 (Nov. 30, 1998); Miller, et al. v. Boone County Board of Education, Docket No. 99-03-410 (Feb. 17, 2000); Adkins v. Lincoln County Bd. of Educ., Docket No. 97-22-105 (Sept. 24, 1997); Weimer-Godwin v. Bd. of Educ., 179 W.Va. 423, 369 S.E.2d 726 (1988); Allison v. Hancock County Board of Education, Docket No. 97-15-454 (Mar. 31, 1998)
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Keywords
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Uniform Supplemental Pay; Uniformity Provisions; Job Duties; Timelines
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Respondent employs Grievant in a professional position as Central Office Administrator: Director of Special Education/Testing Coordinator. Respondent employs Calvin Davis in a service position as Supervisor of Transportation. Grievant receives significantly less in supplemental pay than Mr. Davis. Grievant contends that State code requires uniformity in supplemental pay between employees performing “like assignments and duties.” Respondent counters that uniformity requirements do not apply to a pay comparison between a professional position and a service position. Nevertheless, Respondent maintains that even if pay uniformity requirements apply here, Grievant does not perform the requisite “like assignments and duties” as Mr. Davis. Grievant did not prove that uniformity requirements apply to a supplemental pay comparison between he and Mr. Davis or that they performed “like assignments and duties.” Accordingly, the grievance is DENIED.
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