Database Search Result Details
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First Name
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Gary
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Last Name
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Wroblewski
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Decision Date
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9/7/2021
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Docket Number
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2020-1507-WayED
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ALJ
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CHL
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Respondent
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Wayne 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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Classroom Teacher
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Topics
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Selection
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that he was the most qualified candidate for the position of Summer Food Service Site Supervisor.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18A-4-7a; W. Va. Code § 18A-4-7c
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Blair v. Lincoln County Bd. of Educ., Docket No. 92-22-009 (Apr. 10, 1992); Komorowski v. Marshall County Bd. of Educ., Docket No. 08-25-007 (Mar. 23, 2009)
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Keywords
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Selection; Summer Position; Summer Seniority; Most Qualified Applicant; Arbitrary and Capricious
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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 was regularly employed by Respondent as a teacher. Grievant applied for the position Summer Food Service Site Supervisor position, but he was not selected for the same. Grievant argued that he should have been selected for the position because of his summer seniority and as he was applicant with the highest qualifications. Respondent denies Grievant’s claims and asserts that the position was not a summer school position. Respondent asserts and that it properly selected the most qualified applicant based upon the factors listed in West Virginia Code § 18A-4-7a. Grievant proved his claims by a preponderance of the evidence. Therefore, the grievance is GRANTED.
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