Database Search Result Details
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First Name
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JAMES
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Last Name
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BLACK
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Decision Date
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1/31/1989
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Docket Number
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06-88-238
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ALJ
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DC
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Respondent
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CABELL 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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TEACHER
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Topics
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SELECTION
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Primary Issues
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Performance Evaluation
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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18A-4-8b(a); SUPERCEDED
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Related Cases
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351 S.E.2D 58 (W.VA. 1986)
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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 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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