Database Search Result Details
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First Name
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Tane
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Last Name
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Toothman, et al.
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Decision Date
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9/29/2020
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Docket Number
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2019-1747-CONS
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ALJ
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JSF
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Respondent
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Marion 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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Bus Driver
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Topics
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Bus Route
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Primary Issues
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Whether Grievants proved that the changes in their 2019-2020 bus routes were in retaliation for their union and grievance activity.
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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(h); W. Va. Code § 18A-2-12A(b)(3)
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Related Cases
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Tennant v. Marion County Board of Education, Docket No. 06-24-135 (December 8, 2006); Romano v. Marion County Board of Education, Docket No. 2008-1504-MrnEd (December 16, 2008); Tibbs v. Hancock County Bd. of Educ., Docket No. 2009-0375-HanED (Aug. 4, 2009); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Williamson v. Division of Highways, Docket No. 2016-0608-CONS (September 22, 2016)
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Keywords
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Transfer Letter; Schedules; Bus Route; Retaliation; Due Process
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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 Toothman and Grievant Reed are employed by Respondent as bus drivers. Respondent notified Grievants of changes to their bus schedules for the 2019-2020 school year. Grievants claim these changes were in retaliation for their union and grievance activity. They also allege lack of due process because Respondent did not provide them transfer letters and timely notice of rights or obtain their written consent to changes. After Grievants initiated this action, Respondent properly transferred Grievants routes for 2020-2021. Grievants amended their grievance to include breach of confidentiality after Respondent let Grievant Toothman’s supervisors listen in on her transfer hearing against her wishes. As Grievants were properly transferred in 2020-2021, their due process claims requesting reinstatement to their 2018-2019 routes are moot. Their claims of retaliation and breach of confidentiality do not entail a request for return to their 2018-2019 routes. Nevertheless, Grievants did not prove a right to confidentiality in transfer hearings or that the changes to their 2019-2020 routes were retaliatory. Accordingly, this grievance is DENIED.
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