Database Search Result Details
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First Name
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JAYELL
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Last Name
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FROATS
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Decision Date
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12/18/1989
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Docket Number
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89-15-414/A,B,C,D
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ALJ
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DC
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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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JOB ASSIGNMENT; SCHEDULE
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Primary Issues
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Using bus operators as secretaries; changing runs
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Outcome
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DENIED; EMPLOYER AGREED TO GRIEVANT'S REQUEST
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Statutes
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18A-4-15
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Related Cases
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DUNLEAVY; ALLOWS MINOR CHANGES IN RUNS PRIOR TO SCHOOL YEAR
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Hancock County Civil Action #90-P-2(W); Reversed - letter, 3/23/92, Broadwater
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Supreme Court
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Synopsis
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#1 GRIEVANT, A BUS DRIVER, GRIEVED THAT A FELLOW BUS OPERATOR WAS ALLOWED TO DO SECRETARIAL WORK FOR HER SUPERVISOR AND THAT SHE WAS NOT. THIS WORK, SOMETIMES SUBSTITUTE AND SOMETIMES EXTRA-DUTY, WAS NOT OFFERED TO ANYONE ELSE SAVE THE ONE PERSON. RESPONDENT ADMITTED THE PRACTICE WAS NOT APPROPRIATE AND PROMISED TO CEASE AND DESIST THEREFROM IMMEDIATELY; BEYOND THAT, GRIEVANT SOUGHT COMPENSATION FOR EXTRA WAGES SHE WOULD HAVE RECEIVED HAD SHE ALSO BEEN ALLOWED TO PERFORM SECRETARIAL WORK. DECISION: DENIED. GRIEVANT DID NOT DEMONSTRATE SHE WOULD HAVE BEEN SELECTED FOR THESE DUTIES; EVEN IF SHE HAD, 'TWO WRONGS DON'T MAKE A RIGHT' AND IT WAS IMPROPER FOR RESPONDENT TO USE GRIEVANT'S FELLOW BUS DRIVER AS A SECRETARY. IT WOULD HAVE BEEN SIMILARLY IMPROPER FOR RESPONDENT TO USE GRIEVANT, AND SHE IS UNENTITLED TO COMPENSATION. #2 PRIOR TO 1989-90, SHE WAS REASSIGNED HER 1988-89 BUS ROUTE, WITH ADDITIONAL 'JUNIOR HIGH RUN.' EVEN WITH THIS AMENDMENT, HER DAILY WORK HOURS WERE BELOW THE MAXIMUM ALLOWED BY COUNTY POLICY. THE JUNIOR HIGH RUN IN QUESTION HAD INAPPROPRIATELY BEEN ADDED TO HER SCHEDULE MID-YEAR 1988-89, AND SHE HAD SUCCESSFULLY GRIEVED THIS SITUATION IN A PREVIOUS CASE. RESPONDENT OFFERED TO REMOVE THE JUNIOR HIGH RUN FROM HER 1989-90 SCHEDULE AS SOON AS POSSIBLE AFTER LEVEL IV HEARING; BEYOND THAT, GRIEVANT SOUGHT COMPENSATION FOR THE RUN FROM THE BEGINNING OF 1989-90 UNTIL ITS REMOVAL. #2 DENIED. DESPITE RESPONDENT'S OFFER TO REMOVE THE RUN, IT WAS NOT AN IMPROPER TRANSFER OR ADDITION TO GRIEVANT'S SCHEDULE AND SHE IS UNENTITLED TO MONETARY RELIEF.
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