| First Name | Tanya |
| Last Name | Duncan |
| Decision Date | 10/1/2024 |
| Docket Number | 2025-0139-BerED |
| ALJ | RLR |
| Respondent | Berkeley County Board of Education |
| Employment Type | SERVICE |
| Job Title | Athletic Trainer |
| Topics | Classification/Compensation, Loss wages, defamation. |
| Primary Issues | Whether the Grievance Board has jurisdiction to hear this matter. |
| Outcome | Lack of Jurisdiction; Dismissed |
| Statutes | W. VA. CODE § 6C-2-1, W.VA. CODE ST. R. § 156-1-6.2, WEST VIRGINIA CODE § 6C-2-2, W. VA. CODE § 6C-2-1(a), ). WEST VIRGINIA CODE § 6C-2-2(e)(1), WEST VIRGINIA CODE § 6C-2-2(g), W. VA. CODE § 6C-2-2(i), W. VA. CODE § 6C-2-2(a)(1), W. VA. CODE § 6C-2-5(a), W. CA. CODE § 51-11-4(b)(4), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A-5-4(b). |
| Related Cases | See, Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996). See generally, Payne v. Mason County Bd. of Educ., Docket No. 96-26-047 (Nov. 27, 1996); Trickett v. Preston County Bd. of Educ., Docket No. 95-39-413 (May 8, 1996), Leichliter v. W. Va. Dep't of Health and Human Res., Docket No. 92-HHR-486 (May 17, 1993), See Lewis v. Kanawha County Bd. of Educ., Docket No. 97 20 554 (May 27, 1998); Lowry v. W. Va. Dep't of Educ., Docket No. 96 DOE 130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95 29 315 (Jan. 25, 1996). See generally Payne v. Mason County Bd. of Educ., Docket No. 96 26 047 (Nov. 27, 1996); Trickett v. Preston County Bd. of Educ., Docket No. 95 39 413 (May 8, 1996), Wilson v. Dep’t of Health and Human Res., Docket No. 2011-1769-DHHR (Oct. 31, 2011). |
| Keywords | Location of employment; jurisdiction; employment; employer |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by the Eastern Panhandle Instructional Cooperative as an athletic trainer. Although the location of Grievant’s employment through Eastern Panhandle Instructional Cooperative was at Spring Mills High School, Grievant was not employed by the Berkeley County Board of Education. Grievant does not meet the definition of an employee subject to the grievance procedure. The Berkeley County Board of Education does not meet the definition of employer subject to the grievance procedure. The Grievance Board lacks jurisdiction in this matter, and the grievance must be dismissed. |