Database Search Result Details
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First Name
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Lydia
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Last Name
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Pottorff
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Decision Date
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5/19/2020
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Docket Number
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2019-0878-KanED
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ALJ
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LRB
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Custodian
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Topics
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Overtime
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Primary Issues
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Wheher the amount of overtime and/or step-up pay Grievant was improperly denied due to a hostile work environment.
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Outcome
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Granted
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Statutes
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W. Va. Code §18A-4-15(b)(3); §18A-4-8b; §6C-2-3(c)
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Related Cases
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Coleman v. Dep’t of Health & Human Res., Docket No. 03-HHR-318 (Jan. 27, 2004); Thacker v. Dep’t of Health & Human Res., Docket No. 2017-1422-DHHR (Sep. 7, 2018); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Barker v. Lincoln County Bd. of Educ., Docket No. 98-22-496 (Mar 30, 1999); Myers v. Monongalia County Bd. of Educ., Docket No. 2012-0674-MonED (April 9, 2013)
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Keywords
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Hostile Work Environment; Seniority; Extra-duty; Overtime Assignments; Compensation; Fair and Equitable Relief
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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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The issue in discussion is entitlement, if any, to money Grievant improperly missed out on in overtime, step-up pay, and/or compensation she may have earned had she been awarded a summer substitute contract. Grievant was employed by Respondent as a Custodian I at Capital High School (CHS) at the time that she initially filed this grievance. While at Capital High School Grievant was subjected to what was found to be a hostile work environment. During the time that Grievant was subjected to this hostile work environment, she alleges that other employees with less seniority were being improperly given step-up assignments and overtime work ahead of her. Grievant also claims that she was unlawfully denied a summer substitute assignment during the Summer of 2018.
Grievant has the burden of establishing the amount of wage(s) she was improperly denied. It is more likely than not that Grievant missed out on a limited amount of overtime and/or step-up pay, given the recognized (hostile) work environment however the amount of lost compensation is subjective. Grievant did not establish she was denied a summer substitute contract due to malfeasances of Respondent. The make-whole remedy of five hundred ($500) dollars is GRANTED to Grievant, which is calculated as the outstanding proportionate amount of extra-duty pay that is due to Grievant per distribution of applicable moneys to CHS custodians over the statutorily recognized time period for back pay.
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