Database Search Result Details

First Name VIRGINIA
Last Name DIXON
Decision Date 2/23/1989
Docket Number 13-88-252
ALJ JW
Respondent GREENBRIER COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title AIDE III
Topics DUTY FREE LUNCH
Primary Issues DUTY FREE LUNCH; NUMBER OF WORK HOURS
Outcome GRANTED
Statutes 18A-2-6, 18A-4-14, 18A-4-8
Related Cases 288 S.E.2D 524 (W.VA. 1982)
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis GRIEVANT IS EMPLOYED AS AN AIDE III AND ALLEGES THAT THE BOARD OF EDUCATION HAD IMPROPERLY DEDUCTED ONE-HALF HOUR FROM HER SALARY IN DIRECT VIOLATION OF W.VA. CODE, 18A-4-14(1). THE BOARD CONCEDES THAT THIS PROVISION IS CONTROLLING BUT DOES NOT SPECIFY THE LENGTH OF A WORK DAY AND THEREFORE IT WAS FREE TO PAY FOR THE 7-1/2 HOURS ACTUALLY WORKED AND GRANT ONLY A 1/2 HOUR UNCOMPENSATED LUNCH HOUR. DECISION: GRANTED A COUNTY BOARD OF EDUCATION MAY NOT RELEGATE EMPLOYEES TO CONDITIONS OF EMPLOYMENT WHICH WOULD RESULT IN A REDUCTION OF THEIR SALARY EARNED DURING THE CURRENT FISCAL YEAR.

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