Database Search Result Details
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First Name
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Margie
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Last Name
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Apesos
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Decision Date
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2/21/2020
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Docket Number
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2019-0735-HanED
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ALJ
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RLR
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Respondent
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Hancock County Board of Education/ AND
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Employment Type
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SERV
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Job Title
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Bus Operator
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Topics
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Pay
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Primary Issues
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Whether Grievant was entitled to extra pay.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8a(i); W. Va. Code § 18A-5-2; W. Va. Code § 2-2-1(a)(13)
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Related Cases
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Farley v. Zapato Coal Corp., 167 W.Va. 630, 281 S.E.2d 238 (1981); Eastham v. Cabell County Bd. of Educ., Docket No. 92-06-397 (Apr. 16, 1993); Wroblewski v. Wayne County Bd. of Educ., Docket No. 2018-0464-WayED (Sept. 13, 2018); Trumka v. Kingdon, 174 W. Va. 330, 325 S.E.2d 120 (1984)
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Keywords
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Extra Pay; Extra Assignments; School Holiday
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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 a bus operator employed by the Hancock County Board of Education. Grievant seeks extra pay for work she performed in excess of her normal working day during a week in which the school was closed for Election Day. Grievant makes this argument based upon statutory construction and the position that Election Day should be recognized as a school holiday. West Virginia Code § 18A-4-8a(i) clearly references weeks of school holidays as the occasions when extra pay is provided, not the weeks of state holidays as defined elsewhere. In addition, there is a specific definition of school holidays contained in West Virginia Code § 18A-5-2, which is the applicable provision when determining the requirement of extra pay for school employees.
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