Database Search Result Details
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First Name
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ELAINE
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Last Name
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KOONTZ
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Decision Date
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11/18/1987
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Docket Number
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25-87-123-3
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ALJ
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NK
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Respondent
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MARSHALL 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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REPRISAL
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Primary Issues
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Previous Grievance
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Outcome
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DENIED
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Statutes
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18-29-3(p)
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Related Cases
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ZBAN V. CABELL COUNTY BOARD OF EDUCATION
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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GRIEVANT WAS ON MEDICAL LEAVE IN FEBRUARY 1987 AND HAD BEEN ORDERED BY HER DOCTOR TO TAKE STRESS TESTS SUCH TESTING COMMONLY KNOWN TO IDENTIFY CERTAIN HEART CONDITIONS. GRIEVANT HAD USED UP ALL OF HER SICK LEAVE TIME BY FEBRUARY 18, 1987 AND, PENDING THE COMPLETION OF STRESS TESTS, GRIEVANT'S DOCTOR SAID SHE COULD RETURN TO WORK ON LIGHT DUTY. BOARD POLICY REQUIRES THAT CUSTODIANS MUST HAVE THE PHYSICAL CAPABILITY AND APPROPRIATE PHYSICAL HEALTH TO PERFORM THEIR ASSIGNED DUTIES. GRIEVANT PRESENTED NO EVIDENCE THAT THE BOARD ACTED IN RETALIATION OR REPRISAL OVER GRIEVANT'S PREVIOUSLY FILED GRIEVANCES. IT IS INCUMBENT UPON THE GRIEVANT TO PROVE THE ELEMENTS OF THE GRIEVANCE BY A PREPONDERANCE OF THE EVIDENCE AND GRIEVANT HAS FAILED TO PROVE THE SCHOOL BOARD'S ACTIONS CONSTITUTED REPRISAL. ACCORDINGLY, THIS GRIEVANCE IS DENIED.
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