Database Search Result Details

First Name JAMES
Last Name BLACK
Decision Date 1/31/1989
Docket Number 06-88-238
ALJ DC
Respondent CABELL COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title TEACHER
Topics SELECTION
Primary Issues Performance Evaluation
Outcome GRANTED, IN PART; DENIED, IN PART
Statutes 18A-4-8b(a); SUPERCEDED
Related Cases 351 S.E.2D 58 (W.VA. 1986)
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed as a classroom teacher and alleges that his greater seniority mandates that he be hired to fill the position of social studies teacher and the Board of Education erred in awarding it to another teacher with equal qualifications but less seniority, a violation of W.Va. Code, 18A-4-8b(a). DECISION: The selection process was flawed in that grievant's evaluations were not considered while the successful candidate's at least indirectly were. The totality of an individual's experience should be considered in the determination of qualifications. GRANTED as to re-evaluation of the candidates and denied as to automatic instatement to the position.

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