Database Search Result Details

First Name LINDA
Last Name WOODS
Decision Date 4/10/1987
Docket Number 34-86-302-4
ALJ JR
Respondent NICHOLAS COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title BUS OPERATORS
Topics SELECTION
Primary Issues applicants must possess the necessary expertise required by the statutory job description and job posting
Outcome DENIED
Statutes 18A-4-8b(b)
Related Cases 351 S.E.2D 58 (W.VA. 1986)
Keywords POSTING; EXPERTISE
Intermediate Court of Appeals
Circuit Court Grievant appealed to Kanawha County, Civil Action #87-MISC-245; Affirmed 8/29/89, Zakaib
Supreme Court
Synopsis Grievants allege that they are regular full time service employees and should have been selected over the successful applicant who was a professional employees. This board has held that while the most senior applicant(s) must be considered before other applicants, a BOE is not required to fill a position by an applicant who does not possess the required skills. Each of the grs admitted that they had no mechanical expertise which was essential to the needs of the BOE and part of the job description. Grievance denied: the BOE did not act arbitrarily or capriciously in screening all the applicants and interviewing only those applicants who revealed on their applications and resumes that they possessed the necessary expertise required by the job posting and description.

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