Database Search Result Details
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First Name
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HARRIET/KATHY
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Last Name
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GIBSON/BRADFORD
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Decision Date
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6/10/1987
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Docket Number
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55-87-060-4
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ALJ
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JR
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Respondent
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WYOMING 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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SELECTION; VACANCY
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Primary Issues
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Preferential treatment as a regular employee.
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Outcome
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DENIED
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Statutes
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W.Va. Code 18A-4-8b(b); 18A-4-15(2)
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Related Cases
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CLINE V. MINGO
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Keywords
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REGULAR STATUS; PREFERENTIAL; VACANCY
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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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Grs are substitute bus operators and applied for the position of regular bus operator driving the Skin Fork run. They were not hired. A substitute bus operator (Sue Poindexter) was selected as she had achieved temporary regular employee status. This board held in the grievance of Cline v. Mingo that the clear meaning of 18A-4-15-(5) relating to the regular employee status was that such status only exists until the termination of the former employee becomes final and until the position is filled by the procedure provided in 18A-4-8b and 18A-4-2-5. To otherwise interpret 18A-4-15(4) would render the proviso in that section meaningless, in that there would be no need to post and fill the position as it would have been filled by a regularly employed person. Grs have failed to prove that either of them were entitled to instatement to the position they sought.
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