details - Public Grievance Board

First Name	Joseph
Last Name	Miker
Decision Date	11/1/2022
Docket Number	2022-0581-MonED
ALJ	RLR
Respondent	Monongalia County Board of Education
Employment Type	PROF
Job Title	Teacher
Topics	Discrimination
Primary Issues	Whether Grievant provided evidence of discrimination or favoritism.
Outcome	Denied
Statutes	West Virginia Code § 18A-4-1(1); W. Va. CODE § 6C-2-2(d)
Related Cases	Stover v. Div. of Corr., Docket No. 04-CORR-259 (Sept. 24, 2004); Pugh v. Hancock County Bd. of Educ., 95-15-128 (June 5, 1995); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Bell v. Department of Trans/DOH, Docket No. 2008-0826-CONS (July 8, 2009)
Keywords	Experience Credit; Pay; Salary; Discrimination; Favoritism
Intermediate Court of Appeals
Circuit Court	12/15/22 Grievant appealed to Intermediate Court of Appeals 22-ICA-311; 11/14/23 ICA Decision Affirmed Grievance Board Decision
Supreme Court
Synopsis	Grievant is employed by the Monongalia County Board of Education as a heating, ventilation, and air conditioning teacher. Grievant’s starting salary was based on 28 years of experience for private sector work in the field. An audit conducted in 2013 concluded that Grievant was improperly paid for these years of experience. No action was taken by Grievant at that time. In December of 2021, Grievant obtained a Bachelor’s degree and was awarded a pay increase consistent with the salary schedule. Grievant then sought 28 years of work experience. The record established that the initial years of experience had been awarded in error. Grievant’s private sector experience did not comply with the statutory definition for years of experience for salary computation. In addition, Grievant provided no evidence to support his allegation of discrimination and favoritism. This grievance is denied.

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