Database Search Result Details

First Name CAROLE
Last Name HEIM
Decision Date 1/18/1989
Docket Number 17-88-045-2
ALJ SA
Respondent HARRISON COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title DIRECTOR
Topics RIF; TRANSFER
Primary Issues Waiver of Rights
Outcome DENIED
Statutes 18A-2-7, 18A-4-8b(a)
Related Cases
Keywords RIF; TRANSFER; RIGHTS
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis 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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