Database Search Result Details
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First Name
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Paula
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Last Name
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Townsend
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Decision Date
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3/17/2020
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Docket Number
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2020-0238-BarED
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ALJ
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RLR
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Respondent
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Barbour 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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Speech Pathologist
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Topics
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Pay
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that she was entitled to the pay enhancement she requested.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-4-2(e); W. Va. Code § 18A-1-1(c)(1); W. Va. Code § 18A-5A-5(a)
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Related Cases
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Hall and Vaughan v. Kanawha County Bd. of Educ., Docket No. 2014-0282-CONS (Aug. 7, 2014); Breza v. Ohio County Board of Education, 497 S.E.2d 548 W. Va. 1997); Dillon v. Mingo County Board of Education, 171 W. Va. 631, 301 S.E.2d 588 (1983); Warner v. Dep’t of Health and Human Resources, Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health and Human Resources, Docket No. 96-HHR-501 (Sept. 30, 1997); Harry v. Marion County Bd. of Educ., Docket Nos. 95-24-575 & 96-24-111 (Sept. 23, 1996); Bright v. Tucker County Bd. of Educ., 184 W. Va. 33, 399 S.E.2d 176 (1990)
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Keywords
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Pay; Salary; Experience Credit; Hearsay; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Respondent has appealed to Kanawha County Circuit Court 5/11/2020; Judge Webster; Civil Action No. 20-AA-41; Affirmed 3/4/2022
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Supreme Court
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Synopsis
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Grievant is a speech pathologist employed by Respondent at Belington Elementary School. Respondent did not grant her three additional years’ experience credit for salary calculation purposes. Grievant demonstrated by a preponderance of the evidence that she is a “classroom teacher,” “certified in special education,” and, therefore, is among the groups of employees meant to be given the pay enhancement set forth in recently enacted legislation. School laws must be strictly construed in favor of the employee, and such analysis of the relevant code sections as a whole and related caselaw mandate that Grievant be granted three additional years’ experience credit for salary calculation services. Accordingly, the grievance is granted.
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