Database Search Result Details
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First Name
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BECKY
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Last Name
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WOOD, ET AL.
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Decision Date
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9/8/1987
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Docket Number
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26-87-095-1/096-1/097-1/098-1/099-1/104-1/105-1
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ALJ
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SK
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Respondent
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MASON 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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DIAGNOSTICIAN
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Topics
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RIF; EMPLOYMENT TERM
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Primary Issues
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Reorganization
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Outcome
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GRANTED
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Statutes
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18A-2-2; 6-9A-4
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Related Cases
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256 S.E.2D 592 (W.VA. 1979); 332 S.E.2D 109; 163 WV 454; 256 S.E.2D 592; 332 S.E.2D 109
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Keywords
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REVENUE; REORGANIZATION; RIF;
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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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The actions of the BOE were arbitrary and capricious in that the only reason given for the personnel revisions was a loss of $327,000 in local tax revenue while the budget was actually reduced by $811,000. Only $135,000 would be saved by the changes in the director and coordinator positions and $25,000 from the reduction of 24- day employment term to 230 days. Numerous alternatives other than these personnel changes were available. Grievants had requested open hearing and the BOE went into executive session to consider these personnel changes. Grievance granted; the evidence supports the conclusion that the BOE had already made the decision to terminate prior to conducting hearings for the grievants.
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