Database Search Result Details
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First Name
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Kelley
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Last Name
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Barker, et al
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Decision Date
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6/4/2021
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Docket Number
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2019-1239-CONS
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ALJ
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LRB
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Respondent
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Cabell 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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ECCAT Aide
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Topics
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Dismissal
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Primary Issues
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Whether this matter should be dismissed.
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Outcome
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Failure to State a Claim
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Statutes
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W. Va. Code § 18-5-18 (2013); W. Va. Code § 18-5-18 (2017); W. Va. Code § 18A-4-8(i) (8-11) & (36-38)
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Related Cases
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Webster Cty. Bd. of Educ. v. Davis, 856 S.E.2d 661 (W. Va. 2021); Sprouse v. Gilmer Cnty. Bd. of Educ., Docket No. 2020-0886-GilED (Dec. 29, 2020) Webster Cty. Bd. of Educ. v. Davis, 856 S.E.2d 661 (W. Va. 2021)
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Keywords
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Motion to Dismiss; ECCAT Employees; Seniority Dates
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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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Aides and ECCATs are separately defined by WV statute. As a result of the independent nature of the two classifications and because seniority dates are established as an employee enters upon his or her duties within the classification for the regular employment assignment, the Supreme Court of Appeals of West Virginia has recognized that ECCAT seniority accrues independently of aide seniority. The parties agree that there was an identified case before the WV Supreme Court of Appeals which would be wholly dispositive regarding the issue(s) of the instant matter. The WV Supreme Court of Appeals rendered a decision in the Davis Case on March 26, 2021 in Webster Cty. Bd. of Educ. v. Davis, 856 S.E.2d 661 (W. Va. 2021). The Court held that the Legislature intended that seniority for Aide and ECCAT class titles accrue independently from each other for purposes of a reduction in force, regardless of which level of ECCAT classification is held, and regardless of whether an ECCACT employee qualifies for multiclassification status. Respondent conducted a random drawing to determine respective rank for any anticipated reduction in force. In accordance with the conditions of the abeyance this matter has been held for approximately 16 months, this matter is now ripe for dismissal.
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