Database Search Result Details
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First Name
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Susan
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Last Name
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Fox
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Decision Date
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1/17/2024
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Docket Number
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2023-0808-WetED
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ALJ
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JSF
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Respondent
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Wetzel 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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Director/Coordinator of Transportation, Child Nutrition & Maintenance/Computer Operator/Secretary III/Accountant
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Topics
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Classification; Compensation; Discrimination
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Primary Issues
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Whether Grievant is performing duties outside of her classification and whether she is entitled to additional compensation.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 156-1-3 (2018); W. VA. CODE 6C-2-2(i)(1); W. VA. CODE § 6C-2-2(d)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Syl. Pt. 3, Dillon v. Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)); Syl. Pt. 1, Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Trimboli v. Dep't of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003)
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Keywords
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Back pay; Job duties
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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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Respondent, Wetzel County Board of Education, moved Grievant to its tech school to facilitate her duties as transportation director/coordinator. Unlike Respondent’s other schools, the tech school only has a half-time secretary. Grievant occupies a multi-classified position that includes the Secretary III classification. In moving Grievant to the tech school, Respondent increased her secretarial/clerical duties by having her answer the phone and door when the half-time secretary is not working. Grievant claims entitlement to additional compensation and the assignment of a full-time secretary to the tech school. While Grievant is apparently working out of classification since her secretarial/clerical duties are not in the State Code’s definition of Secretary III, Grievant failed to prove entitlement to the relief requested. Accordingly, this grievance is DENIED.
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