Database Search Result Details
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First Name
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Angela/Jeanie
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Last Name
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Latta/Conner
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Decision Date
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1/23/2023
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Docket Number
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2022-0696-CONS
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ALJ
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RLR
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Respondent
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Taylor County Board of Education
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Employment Type
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SERV
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Job Title
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multiclassified service personnel
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Topics
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Discrimination
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Primary Issues
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Whether Respondent showed discrimination or favoritism in failing to assign extra overtime duites to Grievants.
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Outcome
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Denied
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Statutes
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156 C.S.R. 1 § 3 (2018); W. VA. CODE § 18A-4-8b
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Related Cases
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Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89 DHS 72 (Nov. 29, 1990); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92 HHR 486 (May 17, 1993); Myers v. Monongalia County Bd. of Educ., Docket No. 2012-0674-MonED (Apr. 9, 2013); Jamison v. Monongalia County Bd. of Educ., Docket No. 06-30-338 (Jan. 20, 2006); Clark v. Putnam County Bd. of Educ., Docket No. 97-40-313 (Apr. 30, 1998)
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Keywords
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Favoritism
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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 are employed by the Taylor County Board of Education as multiclassified service personnel. Grievants contend that they should have received the same opportunity as a coworker for overtime/extra duty work. Overtime assignments for service personnel are considered extra duty work to be rotated among employees in the particular job classification. For multiclassified employees, the work would only be distributed among employees with all the same classifications. Grievants were not in the same job classification for the purpose of distribution of overtime work. In order for a grievant to demonstrate entitlement to a position or compensation, it is necessary to establish that he or she was “next in line.” Grievants failed to establish that they were “next in line” for any particular extra duty assignments. Accordingly, the grievance is denied.
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