Database Search Result Details

First Name RICHARD
Last Name MCDANIEL
Decision Date 5/2/1988
Docket Number 02-87-318-2
ALJ SK
Respondent BERKELEY COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATOR
Topics PAY; EXTRACURRICULAR TRIPS
Primary Issues Additional trips within the normal work day.
Outcome DENIED
Statutes
Related Cases 341 S.E.2D 685 (WV 1985)
Keywords SUPPLEMENTS; CONTRACT; EXTRA-DUTY; REGULAR; SUPERINTENDENT'S
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, Civil Action #88-AA-130; Affirmed 7/31/89, Zakaib
Supreme Court
Synopsis Effective in 1975 the Berkeley ABE adopted a policy whereby all drivers were awarded a $400 annual increment which would serve as compensation for the mid-day runs. This practice is presently set forth in county Policy GBRCC which provides that the length of a bus operators day will usually be four to five has. but shall not exceed eight hours. Policies EDDAB and IFCB provide that bus operators shall not receive extra pay for educational or curricular field trips during the school day. The State Supt of Schools has determined that when a county has established an eight hour work day for bus operators the drivers are not entitled to supplemental pay for any extra-duty assignments which occur within the normal work day and requires only the driving of a bus to and from a certain location. Interpretations of the State Supt are entitled to great weight unless shown to be clearly erroneous. Grievance DENIED.

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