Database Search Result Details
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First Name
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Bonita
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Last Name
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Buracker, et al.
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Decision Date
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2/14/2025
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Docket Number
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2022-0720-CONS
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ALJ
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JSF
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Respondent
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Jefferson County Board of Education
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Employment Type
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Service
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Job Title
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School Bus Driver
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Topics
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Discrimination, harassement, selection
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Primary Issues
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Whether the COVID-19 Jobs Protection Act eliminates the Grievance Board's jurisdiction over this grievance?
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Outcome
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DISMISSED
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Statutes
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W. Va. Code St. R. § 156-1-6.19, W. Va. Code St. R. § 156-1-6.19.2, W. Va. Code St. R. § 156-1-6.19.3, W. Va. Code St. R. § 156-1-6.11, W. Va. Code § 55-19-2(b)(1), W. Va. Code § 55-19-3, W. Va. Code § 55-19-4, W. Va. Code § 55-19-9(c), W. Va. Code § 6C-2-5(a), W. Va. Code § 6C-2-5(b), W. Va. Code § 29A-5-4(b).
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Related Cases
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Hampton et. al. v. Raleigh County, Docket No. 2021-0923-CONS (March 30, 2022). In re Boggs' Estate, 135 W.Va. 288, 63 S.E.2d 497 (1951). ." State ex rel. TermNet Merch. Servs., Inc. v. Jordan, 217 W.Va. 696, 700, 619 S.E.2d 209, 213 (2005); State ex rel. Universal Underwriters Ins. Co. v. Wilson, 239 W. Va. 338, 346, 801 S.E.2d 216, 224 (2017). Worley v. Jackson County Board of Education, Docket Number 2022-0349-JacED (Jan. 14, 2022).
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Keywords
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Covid-19 Jobs Protection Act, pandemic, bus driver shortage
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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 Respondent as school bus drivers. Grievants claim that during the 2021-2022 school year Respondent failed to adhere to the driver seniority list when it assigned extracurricular and midday runs to less senior drivers and engaged in favoritism by giving some drivers “double pay.” Respondent disputes the allegations but contends that the actions grieved were its attempt to address a bus driver shortage induced by COVID-19. As such, the COVID-19 Jobs Protection Act deprives the Grievance Board of jurisdiction over this grievance. Thus, this grievance is DISMISSED.
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