The West Virginia Public Employees Grievance Board Decision - Mala Bumgardner v. Kanawha County Board of Education - Docket No. 2015-0927-KanED

Sep 13, 2026

Uploaded by Mack Lee

West Virginia Public Employees Grievance Board issues a decision in Mala Bumgardner’s grievance against the Kanawha County Board of Education. The grievance challenged a reclassification request under specified West Virginia statutes and the respondent’s point-factor evaluation classification method, seeking reclassification to Executive Secretary/Coordinator of Services along with backpay, seniority, and benefits. After multi-level proceedings, the board finds the grievant failed to prove statutory entitlement, insufficient similarity to comparable coordinator employees, and denial of like duties, therefore the grievance is denied.

LanguageEnglish

CategoryLetters

FormatPDF

Pages22

Reading Time8 min

AccessFree to download

Decision

Case Background and Procedural History

Synopsis

Findings of Fact

THE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD MALA BUMGARDNER, Grievant, v. Docket No. 2015-0927-KanED KANAWHA COUNTY BOARD OF EDUCATION, Respondent. DECISION Grievant, Mala Bumgardner, is employed by Respondent, Kanawha County Board of Education. On February 26, 2015 , Grievant filed this grievance against Respondent stating, “WV 18A-4-8; 18A-4-8a; 6C-2-2 KCBOE Reclassification Policy G61AMisclassification / Reclassification request. Discrimination. Uniformity of pay and assignment. Grievant requested reclassification based of performing duties of a coordinator as well as performing duties substantially similar to others classified as coordinators.” For relief, Grievant seeks reclassification to Executive Secretary/Coordinator of Services, backpay, seniority, benefits. Following the May 21, 2015 level one hearing, a level one decision was rendered on July 20, 2015, denying the grievance. Grievant appealed to level two on July 21, 2015. Following unsuccessful mediation, Grievant perfected the appeal to level three of the grievance process on September 17, 2015. A level three hearing was held over two days on January 19, 2016 and April 27, 2016 , before the undersigned at the Grievance Board’s Charleston, West Virginia office. Grievant was represented by Ben Barkey, West Virginia Education Association. Respondent was represented by counsel, Daniel T. LeMasters, Bailey & Wyant P. L. L.C. This matter became mature for decision on June 3, 2016 , upon final receipt of the parties’written Proposed Findings of Fact and Conclusions of Law after the undersigned extended the time for filing such from May 26, 2016 to June 2, 2016 atthe request of the parties. Synopsis Grievant, an Executive Secretary, sought to be reclassified as an Executive Secretary/Coordinator of Services. Grievant failed to prove she was entitled toreclassification based on the statutory definition or under Respondent’s point factor evaluation classification method. Grievant failed to prove she has like assignments and duties or is similarly situated to the compared employees who are employed as multiclassified Coordinator of Services. Accordingly, the grievance is denied. The following Findings of Fact are based upon a complete and thorough review of the record created in this grievance: Findings of Fact 1. Grievant is employed by Respondent as the Executive Secretary to General Counsel, James Withrow. 2. Mr. Withrow is the only attorney within the Office of General Counsel , directs the Office of General Counsel, and is Grievant’s direct supervisor. 3. The Office of General Counsel is involved in all legal matters within the Kanawha County school system. 4. Grievant’s position has a written job description entitled Executive Secretary to General Counsel. 5. The job description includes the following sections: Job Summary, Performance Responsibilities, Qualifications, Physical Demands, and Work Environment. 6. The Job Summary states that the Executive Secretary: Performs all major secretarial functions of a legal office, as well as specific legal assistance tasks, in order to facilitate effective operations of the general counsel’s office. Duties in this classification are weighted toward specialized secretarial legal assistance responsibilities. Duties tend to be varied, technical and involve a high degree of initiative and independence and considerable knowledge of the policies and procedures of District wide functions and legal operations. 7. The Performance Responsibilities are as follows: 􀁸 Maintains confidentiality and unquestionable integrity. 􀁸 Screens telephone requests for legal advice, legal representation, case law, pertinent sections of legal codes and District Policies. 􀁸 Monitors and coordinates special projects for General Counsel, the Superintendent of Schools and for the members of the Board of Education. 􀁸 Exercises initiative and independent judgment in resolving problems and handling admi

FAQs

What reclassification did Mala Bumgardner request?

Mala Bumgardner sought reclassification to Executive Secretary/Coordinator of Services, along with backpay, seniority, and benefits.

How did the grievance process progress before the final decision?

A level one hearing occurred with a decision on July 20, 2015, followed by an appeal to level two. After unsuccessful mediation, the matter proceeded to a level three hearing over two days in January 2016 and April 2016, culminating in maturity for decision on June 3, 2016.

Why was the grievance denied?

The board concluded the grievant failed to prove eligibility for reclassification under the statutory definition or the respondent’s point-factor evaluation method, and failed to show she had like assignments and duties or was similarly situated to compared coordinator employees.

Sep 13, 2026

Uploaded by Mack Lee