Database Search Result Details
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First Name
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STEWART
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Last Name
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KING
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Decision Date
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6/12/1987
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Docket Number
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55-87-061-4
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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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SUBSTITUTE BUS OPERATOR
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Topics
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PAY; SUBSTITUTE
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Primary Issues
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ROTATION
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Outcome
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GRANTED
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Statutes
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18A-4-15
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Related Cases
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Keywords
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ROTATION; SUBSTITUTE
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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 STEWART KING IS A SUBSTITUTE BUS OPERATOR EMPLOYED BY THE WYOMING CO. BD. OF EDUC. AT THE TIME OF THE GRIEVANCE, THEY (KING AND DODSON) WERE THE ONLY TWO SUBSTITUTE BUS OPERATORS IN THEIR PARTICULAR AREA. MR. COOK (ANOTHER) DRIVER WAS CALLED IN INSTEAD OF GRIEVANT. GRIEVANT WAS NEXT IN ORDER. GRIEVANT OFFERED NO PROOF AS TO THE LENGTH OF TIME THE COOK WAS ILL OR HOW MANY DAYS OF WORK THE GRIEVANT MISSED AS A RESULT OF THE FAILURE OF THE RESPONDENT BOARD TO PROPERLY CALL OUT THE GRIEVANT. DECISION: ALL SUBSTITUTES SHALL BE EMPLOYED ON A ROTATING BASIS BEGINNING WITH THE EMPLOYEE HAVING THE MOST SENIORITY. THE GRIEVANT HAS PROVEN BY A PREPONDERANCE OF THE EVIDENCE THAT HE WAS DENIED HIS TURN OF EMPLOYMENT ON DECEMBER 19, 1986, AS A RESULT OF THE RESPONDENT'S FAILURE TO FOLLOW THE PROCEDURE SET FORTH IN W.VA. CODE 18A-4-15. GRIEVANCE IS GRANTED.
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