Database Search Result Details
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First Name
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Thomas
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Last Name
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Messer
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Decision Date
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2/3/2020
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Docket Number
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2019-1282-CONS
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ALJ
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LRB
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Respondent
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Wayne 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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Teacher
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Topics
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Selection
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Primary Issues
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Whether Grievant demonstrated a substantial flaw in the selection process, or that he was the best qualified candidate for the identified positions.
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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(1);W. Va. Code § 18A-4-7a(k)(3); W. Va. Code § 18A-2-2
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Related Cases
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Roncella v. McDowell County Bd. of Educ., Docket No. 01- 33-395 (Dec. 27, 2001); Hawkins v. Tyler County Bd. of Educ., 166 W.Va. 363, 275 S.E. 2d 592 (1979) and Post v. Harrison County Bd. of Educ., Docket No. 89-17-355 (Feb. 20, 1990); Hopkins v. Monroe County Bd. of Educ., Docket No. 95-31-477 (Feb. 21, 1996)
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Keywords
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Selection; Reduction in Force; Transfer; Timelines; Arbitrary and Capricious
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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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Grievant is employed by Respondent as a classroom teacher. Grievant filed the instant grievance(s) challenging his non-selection for two positions and his reduction in force during the 2016/2017 school year. Grievant did not raise the issue of his 2016/2017 transfer until the 2018/2019 school year, 14 months post transfer and clearly out of compliance with the time line requirements set forth in West Virginia Code § 6C-2-3(1). This is a consolidated grievance; Grievant withdrew a portion of his protest, an identifiable selection of the grievance is untimely and lastly Grievant did not establish Respondent’s selection decision was arbitrary and capricious or an abuse of discretion. Grievant has not met the applicable burden of proof thus this grievance is denied.
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