Database Search Result Details
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First Name
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Jimmy
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Last Name
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Lovejoy, et al.
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Decision Date
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2/25/2022
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Docket Number
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2021-0905-CONS
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ALJ
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LRB
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Respondent
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Lincoln 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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Maintenance
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Topics
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Extracurricular Assignment
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Primary Issues
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Whether Grievants proved that they are entitled to a higher rate of compensation for their current extracurricular positions and/or whether they are due compensation for unassigned work.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-16; W. Va. Code § 18A-4-8(m)
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Related Cases
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Toney v. Lincoln County Bd. of Educ., Docket No. 2008-0533-LinEd (Oct. 31, 2008); Crock v. Harrison County of Board of Education, 211 W.Va. 40, 560 S.E.2d 515 (2002) Conners v. Hardy County Bd. of Educ., Docket No. 99-16- 459 (Jan. 14, 2000); Barrett v. Hancock County Bd. of Educ., Docket No. 96-15-512 (Dec. 31, 1997)
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Keywords
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Extracurricular Assignment; Compensation; Grounds Keeping Duties; 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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Grievants, at the time of relevant incidents, were maintenance service employees, performing various assignments which including mowing and other grounds keeping duties for Respondent. Grievants contend that they were improperly denied extra mowing work and proper compensation.
Until the 2020-2021 school year, certain maintenance assignments had not been posted by Respondent, and employees were compensated pursuant to their regular pay rates for duties. Once identified, duties were posted as extracurricular. The pay for the assignment(s) were established pursuant to the new position. Grievant alleges this is a violation of the non-relegation clause in the statutory provisions for public school service employees. Grievants contend Respondent is obligated to pay the wages they were receiving prior to the grass cutting duties being recognized as extracurricular mowing positions, this wage being 1½ time normal pay (not the dollar amount an hour established by the extracurricular assignment). Further, Grievants contend not being offered mowing and weed-eating duties for an athletic field the school district leased was improper. Grievants allege entitlement to the Lions Club Field assignment and the compensation associated with performing the duties.
Grievants failed to establish by a preponderance of the evidence a mandatory higher rate of compensation for their current extracurricular mowing positions. Further, Grievants did not establish that Respondent violated any rule or statute in not offering duties Respondent was not required to perform, nor is it established Grievants are entitled to compensation for work they did not perform. This Grievance is DENIED.
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