Database Search Result Details
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First Name
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Chris
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Last Name
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Jeney
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Decision Date
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9/28/2021
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Docket Number
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2020-1514-UTC
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ALJ
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RLR
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Respondent
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United Technical Center
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Employment Type
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HE
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Job Title
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Instructor
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that he was entitled to the position in question.
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Outcome
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Denied
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Statutes
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Cowen v. Harrison County Bd. of Educ., 196 W. Va. 377, 465 S.E.2d 648 (1995); Mullins v. Kanawha County Bd. of Educ., Docket No. 94-20-364 (Dec. 29, 1994); Mingo County Bd. of Educ. v. Jones, 204 W. Va. 340, 512 S.E.2d 597 (W. Va. 1998)
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Keywords
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Selection; Certification; Qualifications; Arbitrary or 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 employed by Untied Technical Center as a Carpenter Instructor. Grievant was eligible to teach Carpentry based on his General Construction certification. Respondent reorganized its curriculum by eliminating the Carpentry position and Masonry position. Grievant is not certified in Carpentry or Masonry. Respondent posted a position for a Carpentry and Masonry Instructor. The successful applicant for this position was certified in Masonry and Carpentry. Grievant challenges this action by Respondent. Grievant failed to prove that he was entitled to the position in question rather than the fully certified applicant. This grievance is denied.
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