Database Search Result Details
|
First Name
|
J.L.
|
|
Last Name
|
Abbott, et al.
|
|
Decision Date
|
4/26/2022
|
|
Docket Number
|
2021-0928-CONS
|
|
ALJ
|
JSF
|
|
Respondent
|
Marion County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Teachers
|
|
Topics
|
Dismissal; Lack of Jurisdiction
|
|
Primary Issues
|
Whether the Grievance Board has jurisdiction in this matter.
|
|
Outcome
|
Lack of Jurisdiction
|
|
Statutes
|
W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 55-19-2(b)(1); W. Va. Code § 55-19-4; W. Va. Code § 55-19-3
|
|
Related Cases
|
Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022); Dewitt, et al. v. Preston Cnty. Bd. of Education., Docket No. 2021-1061-CONS (March 29, 2022); State ex rel. Farley v. Brown, 151 W. Va. 887, 893, 157 S.E.2d 850, 854 (1967)
|
|
Keywords
|
Motion to Dismiss; Lack of Jurisdiction; COVID-19 Jobs Protection Act; Contract Days
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants are employed as teachers by Respondent, Marion County Board of Education. During the COVID-19 pandemic, Grievants were assigned additional duties involving remote teaching. Grievants allege these are positions for which they did not apply. This assignment of additional duties was in response to the pandemic and an attempt by Respondent to stem the spread of COVID-19. As this grievance does not allege a violation of contract, the COVID-19 Jobs Protection Act applies. Grievants argue that the Act is both inapplicable and unconstitutional. However, the Act explicitly deprives the Grievance Board of jurisdiction over this grievance. Further, the Grievance Board does not have authority to address constitutionality of a statute. Thus, this grievance is DISMISSED.
|
Back to Results
Search Again