Database Search Result Details
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First Name
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Sandy
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Last Name
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Pinson, et al.
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Decision Date
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10/26/2022
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Docket Number
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2022-0011-CONS
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ALJ
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LRB
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Respondent
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Mingo 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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Special Education Curriculum Specialists
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Topics
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Contract Terms
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Primary Issues
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Whether Grievants established by a preponderance of the evidence that Respondent was required to extend their contract terms.
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Outcome
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Denied
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Statutes
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W. Va. Code §18A-4-5a
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Related Cases
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Lockett v. Fayette County Board of Education, Docket No. 01-10-477 (Dec. 28, 2001); Affirmed, Kan. Cir. Ct., Civil Action No. 20-AA-24, (Jun 12, 2022); Affirmed, Lockett v. Fayette County Bd. Of Educ., 214 W. Va. 554; 591 S.E. 2d 112 (2003); Weimer-Godwin v. Bd. of Educ., 179 W.Va. 423, 369 S.E.2d 726 (1988); Bd. of Educ. v. Airhart, 212 W. Va. 175, 569 S.E.2d 422 (2002); Covert v. Putnam County Bd. of Educ., Docket No. 99-40-463 (Feb. 29, 2000)
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Keywords
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Contract Terms; Employee Contacts; Similarly Situated Employees; Arbitrary and Capricious
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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 filed grievances against Mingo County Board of Education, Respondent regarding their respective contract terms. Respondent chose to extend/enlarge the contract days of identifiable central office employees. Grievants contracts were not enlarged. Grievants allege that Respondent’s actions constitute disparate treatment and violation of West Virginia Code §18A-4-5a. Grievants, individually contend entitlement to additional contracts days.
Grievants applied for and accepted the positions which they currently hold or held at the time of the filing. Respondent maintains it is not obligated to extend Grievants contract terms. Grievants did not establish by a preponderance of the evidence that Respondent violated any applicable rule, regulation, or law by not providing Grievants employment contracts equivalent to that of Central Office Directors or employees reporting directly to the Superintendent. Accordingly, this grievance is DENIED.
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