Database Search Result Details
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First Name
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PETE
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Last Name
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ZAIN
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Decision Date
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8/12/1986
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Docket Number
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52-86-151-2
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ALJ
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SK
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Respondent
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WETZEL 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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OFFICE MACHINE REPAIRMAN
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Topics
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EXPERIENCE CREDIT
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Primary Issues
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Experience Credit; Uniformity
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-4-1, 18A-4-5a, 18A-2-11, 18A-4-5
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Related Cases
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Keywords
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EXPERIENCE CREDIT; UNIFORMITY
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Wetzel County 9/22/86, Civil Action #86-C-157N; Settled and dismissed 9/23/91
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Supreme Court
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Synopsis
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When Grievant started work in Kan Co. as a vocational instructor he did not possess a college degree. While employed he earned a graduate level degree in guidance and counseling and was interested in a position offered in Wetzel Co. As the position paid less than what he was making in Kan Co. he was offered an additional inducement in the form of extra compensation which the Grievant. could earn by cleaning and repairing office machinery during summer months. In 1985 the State Tax Dept determined that Mr. Zain had been improperly credited for salary purposes with 12 years experience he had earned as a repairman and owed the CBOE $2022.20. This determination was in reliance on the opinion of the Attorney General which stated that a teacher could not claim prior credit as a teacher's aide for computation of the state minimum salary. Grievance denied/granted; The establishment of Grievant's salary to include twelve years prior experience credit was within the board's authority and had been exercised previously with other employees. This salary was determined by the administrative staff and was approved by the BOE. Grievant frequently stopped by the administrative offices to confirm whether or not he was being paid properly. On none of these occasions was the Grievant told he had been improperly classified for salary purposes. The State Tax Comm'n incorrectly applied an Attorney General's opinion to Grievant's situation and the Supt's present efforts to deny him prior credit are untimely and without basis.
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