Database Search Result Details
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First Name
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Carl
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Last Name
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Collins
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Decision Date
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6/27/2022
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Docket Number
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2022-0334-CGCC
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ALJ
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WBM
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Respondent
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Calhoun-Gilmer Career Center
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Employment Type
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PROF
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Job Title
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Instructor
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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. § 156-1-6.19; W. VA. CODE ST a. R. § 156-1-6.11; W. VA. Code § 55-19-2(b)(1); W. VA. Code § 6C-2-1(a)
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Worley v. Jackson County Bd. of Educ., Docket No. 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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Motion to Dismiss; Lack of Jurisdiction; COVID-19 Jobs Protection Act; Federal Labor Standards Act
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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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Grievant was placed on quarantine after testing positive for COVID-19. He was not allowed to report to work for five days and was not instructed to provide and assistance remotely for his students. Nonetheless, Grievant did assist his students daily pursuant to an on-line platform. Grievant was paid sick leave for the five days, and seeks to have his sick leave account credited with the five days he was charged while on quarantine. Respondent moved to dismiss the grievance arguing when the Legislature passed the COVID-19 Jobs Protection Act it removed jurisdiction from the Grievance Board to hear and claims arising out of facts related to the Covid-19 pandemic.
Grievant argues that the Federal Labor Standards Act preempts the Jobs Protection Act. However, Grievant, as a vocational teacher, is exempt from coverage under the Fair Labor Standards Act provisions related to wage and overtime.
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