| First Name | Karen |
| Last Name | Nelson |
| Decision Date | 9/6/2023 |
| Docket Number | 2023-0335-JefED |
| ALJ | WHW |
| Respondent | Jefferson County Board of Education |
| Employment Type | SERV |
| Job Title | Bus Operator |
| Topics | Selection |
| Primary Issues | Whether Grievant should have been chosen for a standby bus operation posting over a less senior bus operator. |
| Outcome | Denied |
| Statutes | W. VA. CODE ST. R. § 156-1-3 (2018); W. Va. Code § 18A-4-8b (g) (2023); W. Va. Code § 18-5-39(a) (2023); W. Va. Code § 18-5-39(f) (2023);W. Va. Code § 18-5-39(g) (2023) |
| Related Cases | 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. 2, Baker v. Bd. of Educ., 207 W. Va. 513, 534 S.E.2d 378 (2000); 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)); 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); Syl. Pt. 1, Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Patterson v. Bd. of Educ. of Raleigh, 231 W. Va. 129, 744 S.E.2d 239, (2013); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); See also Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Cowan, et al., v Ritchie County Bd. Of Educ., Docket No. 2010-1537 (January 20, 2012); Lemley v. Wood County Bd. of Educ., Docket No. 99-54-198 (Sept. 9, 1999); Panrell v. Monongalia County Bd. of Educ., Docket No. 96-30-408 (April 25, 1997); Beane v. Kanawha County Bd. of Educ., Docket No. 03-20-008 (April 30, 2003). Cowan, et al., v Ritchie County Bd. Of Educ., Docket No. 2010-1537 (January 20, 2012) |
| Keywords | Posting |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant is employed by Respondent as a bus operator and worked two separate bus routes during the summer in 2021 and 2022. Grievant alleges Respondent illegally failed to post a 2022 Summer School Experience standby bus operator position and arbitrarily and capriciously awarded the standby position to a less senior bus operator. It was undisputed that a local practice prohibited a bus operator from having two separate bus runs that overlap. The Summer School Experience program runs and Grievant’s preferred Cedar Ridge run overlapped in 2022. Respondent did not arbitrary and capriciously award a standby position to a bus operator that worked the same Summer School Experience standby position the prior year. Grievant intentionally and knowingly resigned from the 2022 Summer School Experience program in favor of returning to her Cedar Ridge run. Grievant failed to meet her burden and the grievance should be denied. |