Database Search Result Details
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First Name
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HAROLD
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Last Name
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MORAN
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Decision Date
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1/27/1989
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Docket Number
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24-88-178
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ALJ
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NK
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Respondent
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MARION 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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BUS OPERATOR
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Topics
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SELECTION
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Primary Issues
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Competency Testing; Duty Classification
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Outcome
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DENIED
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Statutes
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18A-4-8B(B)
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Related Cases
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Marion County, 3/2/89, Civil Action #92-C-51; Affirmed 9/29/93
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Supreme Court
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Synopsis
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GRIEVANT IS EMPLOYED AS A BUS OPERATOR AND ALLEGED A VIOLATION OF W.VA. CODE, 18A-4-8B WHEN HE WAS NOT SELECTED FOR A POSITION AS DIRECTOR OF TRANSPORTATION. GRIEVANT AND OTHER OUT-OF-CLASSIFICATION APPLICANTS WERE GIVEN A SKILLS TEST TO DETERMINE WHETHER THEY POSSESSED QUALIFICATIONS DEEMED NECESSARY FOR THE POSITIONS. DECISION: W.VA. CODE, 18A-4-8B(A) REQUIRES THAT WHEN NO PERSONS HOLDING A CLASSIFICATION TITLE FOR A VACANT POSITION ARE AVAILABLE, WHO SHALL QUALIFY BY MEETING THE STATUTORY DEFINITION OF THE JOB TITLE. A BASIC SKILLS TEST AND OTHER UNIFORMLY ADMINISTERED SELECTION PROCEDURES ARE REASONABLE MEANS BY WHICH TO IDENTIFY QUALIFIED APPLICANTS. DENIED; GRIEVANT WAS DETERMINED NOT QUALIFIED BASED ON HIS TEST SCORES AND HAS FAILED TO PROVE THAT HE WAS ENTITLED TO THE POSITION AS A MATTER OF LAW OR THAT THE SCHOOL BOARD ACTED IMPROPERLY.
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