Database Search Result Details
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First Name
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CAROLE
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Last Name
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HEIM
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Decision Date
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1/18/1989
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Docket Number
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17-88-045-2
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ALJ
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SA
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Respondent
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HARRISON COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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DIRECTOR
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Topics
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RIF; TRANSFER
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Primary Issues
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Waiver of Rights
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Outcome
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DENIED
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Statutes
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18A-2-7, 18A-4-8b(a)
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Related Cases
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Keywords
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RIF; TRANSFER; RIGHTS
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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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Grievant, Director of Vocational, Technical and Adult Education was laid off pursuant to a reduction-in-force action. Grievant alleges that she was laid off without the opportunity to laterally displace a less senior employee. Grievant voluntarily signed an agreement terminating her contract with the Board of Education limiting her rights to those of an individual on the preferred recall list. DECISION: Contending that Grievant raised new issues constituting a new grievance, Respondent moved for dismissal. Motion denied; new grievance was raised and addressed at Level II without any objection of Respondent and will not allow Respondent to raise the issue at Level IV. Grievant waived the transfer rights of W.Va. Code, 18A-2-7 by signing the agreement. DENIED; Grievant failed to prove any denial of her recall rights under W.Va. Code, 18A-4-8b(a). No openings of positions for which grievant is qualified have opened since she was put on recall.
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