Ohio County Bd. of Educ. v. Hopkins
In Ohio County Bd. of Educ. v. Hopkins, 193 W.Va. 600, 457 S.E.2d 537 (1995), the Board of Education posted a vacancy for the position of Supervisor of Transportation which was defined by W.Va. Code 18A-4-8 (1992) as "qualified personnel employed to direct school transportation activities, properly and safely, and to supervise the maintenance and repair of vehicles, buses, and other mechanical and mobile equipment used by the county school system."
The vacancy notice listed 13 additional qualifications for the job as well as 31 job duties. The Board hired Mr. Corra who was not an employee of the Ohio County Board of Education, because he met the qualifications listed in the notice and had worked as manager of a bus company.
Another applicant, Mr. Hopkins, filed a grievance arguing that he should have been hired for the position because he was employed by the Board of Education and had general management experience.
In deciding this case, the Court framed the dispositive issue as a comparison of Mr. Hopkins' qualifications for the position of Supervisor of Transportation with those of Mr. Corra.
The Court determined that it was within the substantial discretion of the Board of Education to hire Mr. Corra rather than Mr. Hopkins because Mr. Corra was more qualified by virtue of the fact that he had experience as a manager of a commercial bus operation whereas Mr. Hopkins had no such experience.