Database Search Result Details

First Name RUSSELL
Last Name SCHWERTEFEGER
Decision Date 1/31/1989
Docket Number 5-88-200
ALJ NK
Respondent BROOKE COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics POSTING
Primary Issues In-school transfer
Outcome GRANTED
Statutes 18A-4-8b, 18A-2-9
Related Cases 336 S.E.2D 650 (W.VA. 1988)
Keywords
Intermediate Court of Appeals
Circuit Court Respondent appealed to Brooke County, Civil Action #89-P-7 (TS); Affirmed 8/25/89, Judge Trapis
Supreme Court
Synopsis Grievant is employed as a physical education teacher at a county middle school and alleges the assignment of a teacher to what he believed was a vacant PE position at Brooke County High Schools was in violation of the notice and hiring mandates of W.Va. Code 18A-4-8b. Grievant contends that a full-time permanent substitute teacher's status cannot be altered to fill a PE position newly created by personnel movement within the Department. DECISION: County boards of education are required to post and date all notices of all openings in established, existing or newly created positions in conspicuous working places for a period of not less than five working days. W.Va. Code, 18A-4-8b. GRANTED; Grievant's right to bid on a vacant position was violated when an in-house substitute teacher was administratively assigned to the full-time position of five PE classes.

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