Database Search Result Details
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First Name
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BRUCE
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Last Name
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MILLER
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Decision Date
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3/24/1987
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Docket Number
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10-86-284-4
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ALJ
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JR
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Respondent
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FAYETTE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER, PAINTER (SUMMER)
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Topics
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SELECTION
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Primary Issues
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PROFESSIONAL PERSONNEL SEEKING TO FILL SERVICE PERSONNEL POSITIONS MUST BE DONE ON BASIS OF SENIORITY, QUALIFICATIONS AND EVALUATIONS
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Outcome
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GRANTED
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Statutes
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18A-2-5, 18A-4-8b(b)
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Related Cases
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275 S.E.2D 908, 915 (W.VA. 1980); HADDOX V. KANAWHA CBOE; MULLINS V. KANAWHA CBOE
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Keywords
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CONTINUITY, UNWRITTEN POLICY;
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Fayette County, Civil Action #87-C-337; Affirmed 10/15/87, Summerfield
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Supreme Court
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Synopsis
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A service personnel position previously held by professional employees, in excess of twenty working days in duration, is not a temporary position and must be filled in accordance with 18A-4-8(b. Grievant was informed that he was not hired for the summer of 1986 because he had lost his continuous summer seniority by not working the summers of 1982-83. Grievance granted; Respondent had no written policy regarding summer seniority.
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