Database Search Result Details
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First Name
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CURTIS
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Last Name
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MEEKS
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Decision Date
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5/19/1989
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Docket Number
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89-20-032
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ALJ
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DC
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Respondent
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KANAWHA COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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CUSTODIAN
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Topics
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GRIEVANCE
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Primary Issues
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Cost of Transcripts
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Outcome
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DENIED
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Statutes
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Related Cases
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Keywords
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COST
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, 7/18/89, Civil Action #89-AA-124 Affirmed 12/22/92, Casey
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Supreme Court
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Synopsis
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GRIEVANT EMPLOYED AS CUSTODIAN IV ALLEGES THAT POSITION OF MULTI-CLASS GROUNDS CREW JOB WAS AWARDED TO SOMEONE WITH LESS SENIORITY. RESPONDENT ADMITTED THAT THE SELECTED APPLICANT WAS A LESS SENIOR SERVICE EMPLOYEE BUT STATES WAS SELECTED OVER GRIEVANT DUE TO GRIEVANT'S POOR EVALUATIONS. GRIEVANT ALSO PROTESTS HIS BEING BILLED BY THE BOARD OF EDUCATION FOR THE PREPARATION OF LEVEL II HEARING TRANSCRIPT. DECISION: BASED ON EVALUATIONS, GRIEVANT HAS FAILED TO MEET HIS BURDEN OF PROOF WITH REGARD TO HIS NON-SELECTION FOR THE MULTI-GROUNDS CREW POST. CODE 18-29-8 PROVIDES THAT ANY EXPENSES INCURRED RELATIVE TO THE GRIEVANCE PROCEDURE AT LEVELS ONE THROUGH THREE SHALL BE BORNE BY THE PARTY INCURRING SUCH EXPENSES. ALTHOUGH GRIEVANT MADE THE REQUEST FOR THE PRODUCTION OF A TRANSCRIPT, THE BOARD OF EDUCATION WAS UNABLE TO SUBSTANTIATE ANY OUTSIDE EXPENSES INCURRED IN PREPARING THE RECORD. DENIED AS TO THE INSTATEMENT TO THE POSITION AND GRANTED AS TO RELIEF OF FINANCIAL LIABILITY OF TRANSCRIPTION COSTS.
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