Database Search Result Details
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First Name
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JAYE
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Last Name
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NESBITT
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Decision Date
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12/3/1986
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Docket Number
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15-86-007
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ALJ
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NK
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Respondent
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HANCOCK 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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EXTRACURRICULAR DUTIES
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Primary Issues
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Contracts for employment shall be separate from the extracurricular assignment agreement.
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Outcome
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DENIED
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Statutes
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18A-4-16
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Related Cases
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341 S.E.2d 685 (WV 1985)
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Keywords
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EXTRACURRICULAR; CONTRACTS; ASSIGNMENT
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #87-AA-151; Affirmed 4/18/88, Canady
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Supreme Court
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Synopsis
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In the fall of 1984 an auxiliary run began operating to transport students home. The run was assigned to bus operators for extra-duty compensation on a rotating basis until grievant insisted it be posted as an extracurricular vacancy. The board posted a job opening from a seven hour contracted position which incorporated a regular run and the auxiliary run. Grievant bid on the position as posted, was notified that she won the bid but would not agree to relinquish her present contract for the position she bid upon. As there were no other applicants for the position, school officials assigned the run to a substitute and did not alter his contractual hours. The run declined and was discontinued and again assigned to drivers for extra duty. Grievance denied; The provisions of 18A-4-16 protect school employees from work assignments in excess of their normally scheduled work day. A BOE may not assign or require its employees to perform ongoing duties which occur on a regularly scheduled basis and which exceed the employee's regularly scheduled work hours without negotiation of a separate contract.
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