Database Search Result Details
|
First Name
|
Jasper
|
|
Last Name
|
Botkin, et al
|
|
Decision Date
|
6/15/2022
|
|
Docket Number
|
2021-0897-CONS
|
|
ALJ
|
JSF
|
|
Respondent
|
Kanawha County Board of Education
|
|
Employment Type
|
PROF
|
|
Job Title
|
Instructors
|
|
Topics
|
Discrimination; Favoritism
|
|
Primary Issues
|
Whether Grievants proved that they were treated differently than any similarly-situated employee.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code § 6C-2-2(d); W. Va. Code § 6C-2-2(i)(1)(v); W. Va. Code § 18-9F-1(b)
|
|
Related Cases
|
Miller v. Brooke County Bd. of Educ., Docket No. 2010—0969-BroED (Feb. 22, 2011); Adams, et al., v. Harrison County Bd. of Educ., Docket No. 03-17-025 (July 21, 2003); Guerin and Tenney v. Mineral County Bd. of Educ., Docket Nos. 92-28-422, 459 (Jan. 31, 1996)
|
|
Keywords
|
Discrimination; Favoritism; Cooling System; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievants are employed by Respondent as auto mechanic and diesel technology instructors at Ben Franklin Career and Technical Center. The shops assigned to Grievants lack adequate cooling systems and get uncomfortably hot. Grievants allege discrimination, favoritism, and an unsafe work environment. They request the installation of adequate cooling systems. Respondent has spent thousands to alleviate the heat, to no avail. Respondent contends that a minimum of half a million dollars is necessary to equip Grievants’ shops with adequate cooling systems, rendering it cost prohibitive. While some shops at the facility have effective cooling systems, it is unclear when these were installed or how the cost compares with estimates for Grievants’ shops. Grievants thus failed to prove discrimination or favoritism. While it is likely that extreme heat interferes with job performance and safety, Grievants failed to prove they are entitled to an expenditure of funds by Respondent necessary to adequately cool their shops. Accordingly, this grievance is DENIED.
|
Back to Results
Search Again