Database Search Result Details

First Name CHARLOTTE
Last Name CANESTRARO
Decision Date 2/28/1989
Docket Number 25-88-225
ALJ NK
Respondent MARSHALL COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title AIDE
Topics VACANCY
Primary Issues Competency Testing
Outcome DENIED
Statutes 18A-4-8b(b)
Related Cases
Keywords QUALIFICATIONS; CLASSIFICATION; TESTING
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant, employed as an aide, alleges a violation of W.Va. Code, 18A-4-8b when a substitute employee was hired to fill a secretary/aide position vacancy. Grievant asserts that her work experiences qualify her as a secretary and should be placed in the position on a trial basis as she is more senior than the successful applicant. Respondent required all non-secretary applicants to score an 85 on a skills test; grievant received a score of 75.6 percent. The successful applicant had previously received the secretary classification and passed the aide test. DECISION: DENIED In accordance with W.Va. Code, 18A-4-8b(b) school officials considered out-of-classification employees and determined grievant was not qualified. Substitute service personnel such as the successful applicant, may be considered for a position vacancy when out-of-classification employees have not qualified for said position.

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