Database Search Result Details

First Name HOWARD/CHARLES
Last Name BUTCHER/BRANIM
Decision Date 11/20/1989
Docket Number 89-23-229
ALJ JW
Respondent LOGAN COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title TRANS. SUPER. ETC
Topics MISCLASSIFICATION
Primary Issues Timeliness; Continuing Practice; Duties Above Present Classification
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18-29-4(A)(1); 18A-4-8
Related Cases HERRALD V. DOH.
Keywords MULTICLASSIFIED; HIGHEST PAY GRADE
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County Civil Action #89-AA-235, Affirmed 7-27-93, Smith
Supreme Court
Synopsis During the 1987-88 school term, the grievants assumed duties outside their classifications. After unsuccessful attempts to secure greater increases in their salaries, the grievants initiated grievance proceedings on or about December 9, 1988. Respondent argued that their grievances were untimely. The impositions of duties outside an employees' classification constitutes a grievable continuous practice as defined by W.Va. Code, 18-29-4(a)(1). The grievants timely filed pursuant to those provisions. W.VA. Code 18a-4-8 required a county board to compensate multiclassified employees at the highest pay grade among the various titles involved. Grievants are entitled to base salaries computed on the highest grade involved here, plus any county supplements.

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