Database Search Result Details
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First Name
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IRENE
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Last Name
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DORSEY
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Decision Date
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5/28/1987
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Docket Number
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34-87-041-4
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ALJ
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JR
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Respondent
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NICHOLAS 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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AIDE III
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Topics
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SELECTION; VACANCY
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Primary Issues
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hiring priority.
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Outcome
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GRANTED, IN PART; DENIED, IN PART
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Statutes
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18A-4-8B(B)
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Related Cases
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JERVIS
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Keywords
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REGULARLY EMPLOYED; VACANCY; HIRING
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Nicholas County, Civil Action #87-C-275; Affirmed 8/29/89, Wolverton
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Supreme Court
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Synopsis
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IN THIS CASE A SUBSTITUTE WAS HIRED RATHER THAN A REGULAR EMPLOYEE IN VIOLATION OF 8B(B). THE APPOINTMENT WAS DECLARED NULL AND VOID AND REPOSTING WAS ORDERED. THE GRIEVANT WAS THE SECOND MOST SENIOR APPLICANT AND THUS FAILED TO SHOW SHE WAS ENTITLED TO THE POSITION BASED ON HER SENIORITY. THE SELECTION PROCESS WAS FLAWED BECAUSE THE POSITION WAS FILLED ON THE BASIS OF QUALIFICATIONS.
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