Database Search Result Details
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First Name
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Lisa
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Last Name
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DeWitt, et al
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Decision Date
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3/29/2022
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Docket Number
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2021-1061-CONS
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ALJ
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BTC
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Respondent
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Preston 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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Topics
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Dismissed; Jurisdiction
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 55-19-2(b)(1)
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Related Cases
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Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022); State ex rel. Farley v. Brown, 151 W. Va. 887, 893, 157 S.E.2d 850, 854 (1967)
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Keywords
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COVID-19 Jobs Protection Act; Jurisdiction
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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 allege Respondent assigned them to positions for which they did not apply for requiring them to perform remote teaching duties. Respondent moved the Grievance Board to dismiss the grievance as barred by the COVID-19 Jobs Protection Act. The record is undisputed that this grievance arises out of Respondent’s response to the COVID-19 pandemic and an effort to stem the spread of the virus. Grievants argued that the Act is unconstitutional or, alternately, inapplicable. The COVID-19 Jobs Protection Act applies to the grievance as the grievance does not truly allege a violation of contract. The Grievance Board lacks jurisdiction to determine the constitutionality of the Act or hear the grievance. Respondent’s motion to dismiss must be granted and the grievance must be dismissed.
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