Database Search Result Details

First Name CAROL
Last Name GWINN
Decision Date 11/15/1989
Docket Number 89-47-254
ALJ SK
Respondent TUCKER COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title ELEMENTARY TEACHER
Topics RIF
Primary Issues HALF-TIME POSITION
Outcome GRANTED
Statutes 18A-2-2; 18A-2-6; 18A-4-8(b); 18A-4-4; 18A-4-8b(a)
Related Cases DOCKET NOS. 11-87-182-3; 17-87-198-2; 327 S.E.2D 155; 349 S.E.2D 436; 275 S.E.2D 908
Keywords
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis The proper action for the Board to have followed in this instance was to first determine whether there existed a lateral position vacancy for which the grievant is certified and, if so, to transfer her into the position. If no vacancy existed then the Board was required to process the personnel action as a reduction in force. Because the Board did not transfer the grievant into a vacant, lateral position and failed to process the action as a reduction in force, the transfer action is void.'

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