Patterson v. Bd. of Educ. of County of Raleigh (Signed Opinion)
Annotate this CasePetitioner was employed as a custodian by Respondent, the Board of Education of the County of Raleigh under a 210-day regular contract and thirty-day summer contract that did not include paid vacation days. Petitioner filed a grievance against Respondent in 2007, asserting that Respondent violated the uniformity provisions in W. Va. Code 18A-4-5b and the discrimination prohibition of W. Va. Code 6C-2-2(d) by employing a similarly situated custodian with a 261-day contract that included paid vacation days. The West Virginia Public Employees Grievance Board found Petitioner established that Respondent violated sections 18A-4-5b and 6C-2-2(d) but denied both back pay and prospective relief to Petitioner. The circuit court affirmed the denial of relief. Petitioner appealed, seeking lost wages for the school year after which Petitioner initiated his grievance. The Supreme Court affirmed the circuit court's denial of relief to Petitioner, holding that an employee who holds a 210-day regular contract and a thirty-day contract to perform related duties during a summer school term does not perform like assignments and duties with a school service employee who holds a 261-day regular contract for the purpose of the uniformity provisions found in section 18A-4-5b.
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