Database Search Result Details
|
First Name
|
ROBERT
|
|
Last Name
|
TURNER
|
|
Decision Date
|
4/14/1986
|
|
Docket Number
|
33-86-049
|
|
ALJ
|
LC
|
|
Respondent
|
MCDOWELL COUNTY BOARD OF EDUCATION
|
|
Employment Type
|
PROF
|
|
Job Title
|
PRINCIPAL
|
|
Topics
|
PAY; EMPLOYEE RIGHTS
|
|
Primary Issues
|
Annual Leave Credit
|
|
Outcome
|
GRANTED, IN PART; DENIED, IN PART
|
|
Statutes
|
18A-4-10; 5-16-18
|
|
Related Cases
|
CASTO V. KANAWHA
|
|
Keywords
|
BACK PAY; ANNUAL LEAVE; RIGHT; BENEFITS
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to McDowell County, Civil Action #86-C-321; Dismissed for failure to prosecute 8/2/94, Judge Stephens
|
|
Supreme Court
|
|
|
Synopsis
|
In 1967 Grievant was classified as a 261-day professional employee and remained in that classification until May, 1983, when he was classified as a 240-day professional. Prior to and in November 1982, Grievant and others similarly situated attempted to resolve the dispute relating to the classification and pay of the 261 employees but abandoned their efforts. On May 31, 1986, Grievant and others were reclassified as 240-day employees without a change of pay. In September 1983, the 261-day service personnel employees were given credit for an additional one and a half days personal leave time but professional personnel were not. Grievant is very knowledgeable of the grievance system and his rights thereunder but did not file a grievance until April 18, 1985; he retired on July 1, 1985. At retirement, additional time becomes important because the retiree receives one month free insurance for each three days of accumulated leave. Thus, it would appear that Grievant's claim in this regard was timely. These types of statutes providing for enhanced economic benefits must be liberally construed in favor of the employee. DECISION: Denied as to back pay for 21 days; granted as to credit for one and one half days personal leave. A BOE has a duty to treat all employees, service or professional, in a fair and uniform manner. It is arbitrary to afford benefits to one group of employees and knowingly deny the other group the same benefit. The BOE is estopped to assert the untimeliness of a claim for benefits arbitrarily denied to certain employees and awarded to others.
|
Back to Results
Search Again