Database Search Result Details
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First Name
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Robert
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Last Name
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Francis, et al
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Decision Date
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2/18/2022
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Docket Number
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2021-0074-CONS
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ALJ
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JSF
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Respondent
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Lewis 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 Operator
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Topics
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Extracurricular Bus Runs
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Primary Issues
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Whether Respondent was under any obligation to use available funds to pay Grievants for extracurricular runs they had not driven.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8(m)(2)
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Related Cases
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State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); 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)
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Keywords
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Extracurricular Bus Runs; Contract; As Needed Basis; Arbitrary and Capricious; Non-relegation Clause
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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 are employed by Respondent as full-time school bus drivers and have extracurricular run contracts for extra pay. The COVID pandemic resulted in school closings and the cancellation of all bus runs, during which Grievants received their regular but not their extracurricular pay. The West Virginia Department of Education’s COVID guidance suggests that drivers be paid for their extracurricular runs if their contracts are ambiguous. Grievants’ contracts unambiguously indicate that extracurricular runs operate and are paid on an “as needed” basis. Accordingly, the grievance is DENIED.
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