Database Search Result Details
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First Name
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RICHARD
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Last Name
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MCDANIEL
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Decision Date
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5/2/1988
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Docket Number
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02-87-318-2
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ALJ
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SK
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Respondent
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BERKELEY COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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BUS OPERATOR
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Topics
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PAY; EXTRACURRICULAR TRIPS
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Primary Issues
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Additional trips within the normal work day.
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Outcome
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DENIED
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Statutes
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Related Cases
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341 S.E.2D 685 (WV 1985)
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Keywords
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SUPPLEMENTS; CONTRACT; EXTRA-DUTY; REGULAR; SUPERINTENDENT'S
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #88-AA-130; Affirmed 7/31/89, Zakaib
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Supreme Court
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Synopsis
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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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