Database Search Result Details

First Name Samara
Last Name Swearengin
Decision Date 5/7/2025
Docket Number 2024-0752-RalED
ALJ KDB
Respondent Raleigh County Board of Education
Employment Type SERV
Job Title COOK III / CAFETERIA MANAGER
Topics NON-DISCIPLINARY/REDUCTION IN FORCE
Primary Issues Whether Grievant was entitled to summer cook position considering summer seniority and reduction in force?
Outcome DENIED
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 18-5-39 (2024); W. Va. Code § 18A-4-8b (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); Cowan, et al., v. Ritchie County Bd. Of Educ., Docket No. 2010-1537-CONS (January 20, 2012) (citing Lemley v. Wood County Bd. of Educ., Docket No. 99-54-198 (Sept. 9, 1999)); See Kennedy v. Wetzel County Bd. of Educ., Docket No. 2018-1209-WetED (April 9, 2019); Lilly v. Fayette County Bd. of Educ., Docket No. 96-10-481 (Sept. 15, 1997); Lilly v. Fayette County Bd. of Educ., Docket No. 99-10-43[3] (Mar. 17, 2000); Williams v. Kanawha County Bd. of Educ., Docket No. 0[1]-20-058 (May 10, 2001); Costello v. Monongalia County Bd. of Educ., Docket No. 01-30-016 (June 21, 2001); Eisentrout v. Preston County Bd. of Educ., Docket No. 2010-0022-PreED (April 16, 2010); McCoy v. Wayne County Bd. of Educ., Docket No. 93-50- 475 (Mar. 1, 1994); See Keatley v. Mercer County Bd. of Educ., 200 W. Va. 487, 490 S.E.2d 306 (1997); West Virginia Human Rights Comm’n v. Garretson, 468 S.E.2d 733, 738, 196 W. Va. 118, 123,(1996); Cecil v. Kanawha County Bd. of Educ., Docket No. 97-20-366 (Oct. 31, 1997).
Keywords SUMMER SCHOOL; REDUCTION IN FORCE; SERVICE; QUALIFIED APPLICANT; SUMMER SENIORITY
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Respondent employed eleven summer cooks in summer 2023, including Grievant. For summer 2024, Respondent posted five Cook III/Cafeteria Manager (“cook”) positions in four elementary schools. Grievant applied for the summer cook positions at all sites. Based on summer seniority, Respondent hired five of the previous summer cooks for summer 2024. Grievant was ranked tenth in summer seniority. Due to the reduction in force, no position was awarded to her. Grievant asserts that the senior cook hired for Ridgeview was not a “qualified applicant” and should not have been awarded the position because the senior cook had not bid on the position. Grievant does not challenge the validity of West Virginia Code § 18-5-39 (f) but challenges its application by Respondent. Grievant failed to prove by a preponderance of the evidence that she was entitled to the summer cook position at Ridgeview Elementary School. Respondent properly awarded the position to the more senior summer cook. Accordingly, this grievance is DENIED.

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