Database Search Result Details
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First Name
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RICHARD
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Last Name
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HAUGHT
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Decision Date
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5/31/1989
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Docket Number
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89-52-77
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ALJ
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NK
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Respondent
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WETZEL 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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SUBSTITUTE BUS OPERATOR
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Topics
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SELECTION
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Primary Issues
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Qualifications
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Outcome
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DENIED
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Statutes
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18A-4-8B(B)
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Related Cases
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MORAN V. MARION CB; KING V. RITCHIE CB
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Keywords
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QUALIFICATIONS
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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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G PROVED THAT THE BOARD DID NOT COMPLY WITH 8B(B) BECAUSE THE BUS DRIVER AIDE POSITION WAS FILLED ON THE BASIS OF THE MOST QUALIFIED STANDARD. NO ONE HELD THE CLASS TITLE. THE DECISION STATES THAT THE STATUTE CLEARLY STATES THAT THE REGULAR EMPLOYEE WITH THE MOST OVERALL SENIORITY DOES ENJOY A PREFERRED STATUS. THIS CASE REJECTED THE ARGUMENT THAT OVERALL SENIORITY COULD BE IGNORED BECAUSE NONE OF THE APPLICANTS HAD THE CLASS TITLE. INSTATEMENT WAS DENIED BUT THE APPOINTMENT WAS ORDERED VACATED AND THE BOARD WAS DIRECTED TO CONSIDER THE APPLICANTS IN ACCORDANCE WITH THE REQUIREMENTS OF THE STATUTE.
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