Database Search Result Details
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First Name
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NORMA
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Last Name
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MURRAY, ET AL.
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Decision Date
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12/29/1986
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Docket Number
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39-86-226-2
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ALJ
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SK
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Respondent
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PRESTON 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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TEACHER AIDES
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Topics
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RIF; TRANSFER
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Primary Issues
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ILLEGAL BUMPING
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Outcome
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GRANTED
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Statutes
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18A-4-8b(b)
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Related Cases
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342 S.E.2D 685 (WV 1985); STATE SUPT OF SCHOOLS OPINION, RE: AIDE SENIORITY, APRIL 24, 1986
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Keywords
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SENIORITY; BUMP; RIF; SUPERINTENDENT DECISION
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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 five aides with the least seniority in the county were released as part of a RIF and placed on the preferred recall list. When a RIF occurs as a result of the elimination of a program, the service employee displaced by the defunct program is to be transferred to the position vacated by the least senior employee. Grievance: The BOE improperly transferred the grievants, who were neither the most or the least senior aides in the county, as a result of a RIF in the county work force. Interpretations of statutes and school laws made by the State Supt of Schools are persuasive authority unless clearly erroneous.
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